0:00:00 > 0:00:05abolition Bill. Second reading, what day? Friday the 16th of March, 2018.
0:00:05 > 0:00:10Friday the 16th of March, 2018. We now come to the emergency debate,
0:00:10 > 0:00:14which is colleagues were advised yesterday, can last for up to two
0:00:14 > 0:00:23hours. Dame Margaret Hodge.Thank you, Mr Speaker. The actions and the
0:00:23 > 0:00:27culture of powerful, large corporations and of the wealthiest
0:00:27 > 0:00:32in our society, as revealed in the Paradise Papers constitute a
0:00:32 > 0:00:39national and international disgrace. What we have learned is tax
0:00:39 > 0:00:42avoidance is not only a trivial irritant practice by a small number
0:00:42 > 0:00:48of greedy individuals and global corporations will stop it is the
0:00:48 > 0:00:51widely accepted behaviour of too many of those who are rich and
0:00:51 > 0:00:56influential. --. It is the widely access debate -- it is the widely
0:00:56 > 0:01:03accepted behaviour. It has become a scourge on our society. The Paradise
0:01:03 > 0:01:07Papers reveal the enormity and scale of the problem. That is what makes
0:01:07 > 0:01:11this emergency debate on the issue so important. Our debate is also
0:01:11 > 0:01:16urgent and timely because the Chancellor, who sadly is not in his
0:01:16 > 0:01:22place to hear the debate, is putting the finishing touches to his budget.
0:01:22 > 0:01:26I hope he will read very carefully the views expressed today by members
0:01:26 > 0:01:30of the House and reflect them in the proposal sees brings to house next
0:01:30 > 0:01:36week.I will give way to the honourable member? There is no such
0:01:36 > 0:01:40thing as a magic money tree, the prime minister told a nurse who had
0:01:40 > 0:01:45not got an increase in eight years. Does the honourable lady agree with
0:01:45 > 0:01:53me that there is? In the Cayman Islands, Bermuda and in Jersey and
0:01:53 > 0:01:59the worthy ill gotten gains salted away of tax dodging to be picked and
0:01:59 > 0:02:02put into our public services, we would not have police officers and
0:02:02 > 0:02:08teachers facing the sack and a crisis in the health service.I
0:02:08 > 0:02:11completely agree with my honourable friend's remarks, which are
0:02:11 > 0:02:16pertinent to what we are discussing in the debate. Paying tax is an
0:02:16 > 0:02:21essential part of the social contract... Let me just make this
0:02:21 > 0:02:25point and I will come back. Paying tax is an essential part of the
0:02:25 > 0:02:30social contract into which we all enter as members of the community.
0:02:30 > 0:02:35As members of society we agree to abide by a set of rules and
0:02:35 > 0:02:39regulations that make all our lives better. One of those rules is we
0:02:39 > 0:02:43agreed to contribute through taxation into the common part for
0:02:43 > 0:02:50the common good.Thank you, Mr Speaker. I would like to ask why a
0:02:50 > 0:02:59family firm has paid virtually no tax?I am pleased the honourable
0:02:59 > 0:03:05gentleman has given me the opportunity to explain to the House.
0:03:05 > 0:03:12My father and his cousins were refugees from Germany and my father
0:03:12 > 0:03:18was then a refugee from Egypt. He was a double refugee. I remember as
0:03:18 > 0:03:21a child he often said to me, you will never feel safe in this
0:03:21 > 0:03:26country. Always have your suitcase ready. He did keep money abroad.
0:03:26 > 0:03:30When we discovered that after he died we closed those funds and put
0:03:30 > 0:03:39them into a charity. The level of taxation and who pays is decided by
0:03:39 > 0:03:46house here in Parliament, through our democratic process. That is how
0:03:46 > 0:03:52we create a system that is democratic and trusted by all. When
0:03:52 > 0:03:54a menorah to you choose to ignore and deliberately bypass our laws and
0:03:54 > 0:04:00regulations and get away with it, they undermine confidence in the
0:04:00 > 0:04:06fairness of the system. -- when people choose to ignore. Some people
0:04:06 > 0:04:11claim tax avoidance is OK because it is lawful. Indeed one government
0:04:11 > 0:04:14minister from the other place, the noble Lord Bates, said on Monday
0:04:14 > 0:04:19that tax avoidance continues to be part of the international system and
0:04:19 > 0:04:26we recognise and value it. He and others are simply wrong and they
0:04:26 > 0:04:33misunderstand the issues. HMRC's definition of tax avoidance is
0:04:33 > 0:04:37clear, tax avoidance, and I quote, involves bending the rules of the
0:04:37 > 0:04:44tax system to gain a tax advantage that Parliament never intended. It
0:04:44 > 0:04:48often involves operating within the letter but not the spirit of the
0:04:48 > 0:04:54law. Those are the words of HMRC. Even they say tax avoidance is wrong
0:04:54 > 0:05:00for stop I will give way to the honourable member?I thank her for
0:05:00 > 0:05:06giving way. That she agree that any feature of a strong tax system is
0:05:06 > 0:05:09having a proper network of offices and the closure and centralisation
0:05:09 > 0:05:12like the one in my constituency in Livingston is a disgrace and will do
0:05:12 > 0:05:18nothing to help the situation.I agree with the honourable lady. The
0:05:18 > 0:05:21resources of HMRC is essential to the fight against tax avoidance and
0:05:21 > 0:05:34evasion. Sorry... These are the words of HMI C. -- HMRC. Tax
0:05:34 > 0:05:38avoidance is completely different from tax planning, Webber example
0:05:38 > 0:05:43Parliament intended to encourage people to save their pensions by
0:05:43 > 0:05:51introducing ISAs and tax breaks. Tax breaks on the other hand walk the
0:05:51 > 0:05:55intention. It means collective will is ignored. It should not be
0:05:55 > 0:06:01tolerated and we must act urgently to eradicate it.I will give way to
0:06:01 > 0:06:04the honourable member. I thank her for giving way on that point. Does
0:06:04 > 0:06:08she agree one of the best ways of trying to deal with this
0:06:08 > 0:06:13increasingly serious issue is to have openness and transparency in
0:06:13 > 0:06:17all the funds held offshore? So those who are doing it have to face
0:06:17 > 0:06:24the legitimate scrutiny of taxpayers in this country.My honourable
0:06:24 > 0:06:29friend makes a central point to what we will be asking for today. Not
0:06:29 > 0:06:35only does the behaviour of a feud damage trust in the system as a
0:06:35 > 0:06:39whole but it damages the public services taxes are used to support.
0:06:39 > 0:06:44Can I carry on a little bit and I will give way? At a time in the NHS
0:06:44 > 0:06:49is under such pressure, when public sector workers have had wages held
0:06:49 > 0:06:53down for years, when schools struggle to deliver the best start
0:06:53 > 0:06:57for all our children, for the super rich and powerful to think they can
0:06:57 > 0:07:04opt out of their responsibilities to contribute fairly through taxes, is
0:07:04 > 0:07:08utterly and totally immoral and wrong. It is our responsibility to
0:07:08 > 0:07:14put an end to it.I thank her for giving way. I have been helpfully
0:07:14 > 0:07:18provided with some facts which I think should be put to the House. I
0:07:18 > 0:07:22am told since 2010 big up and secured £160 billion from tackling
0:07:22 > 0:07:29elevation and noncompliance, 2.8 billion from offshore tax evaders,
0:07:29 > 0:07:33invested 1.8 billion in HMRC to tackle avoidance and evasion. I am
0:07:33 > 0:07:37very proud of this. Will the honourable lady agree with me that
0:07:37 > 0:07:43this is a Nixon record from a Conservative government? --
0:07:43 > 0:07:45excellent record. How does it compare to the Labour government she
0:07:45 > 0:07:52is always so keen to support?
0:07:52 > 0:07:54I had hoped the honourable lady would listen to the whole of my
0:07:54 > 0:08:02speech. A little progress has been made but not enough. The previous
0:08:02 > 0:08:07Labour government record on tackling tax avoidance was not as good as I
0:08:07 > 0:08:12would have wanted. But the record and actions of this government are
0:08:12 > 0:08:18inadequate. And somewhat hypocritical. Their rhetoric is
0:08:18 > 0:08:26mostly fine but the reality is badly wanting.
0:08:26 > 0:08:29I'm extremely grateful to my honourable friend. Isn't the
0:08:29 > 0:08:33difficulty here that when ordinary people hear the budget next week and
0:08:33 > 0:08:38they have to think about their taxes against a background of inflation
0:08:38 > 0:08:41and food prices, they will wonder why the people opposite are
0:08:41 > 0:08:50hell-bent on avoiding any enquiry into aggressive tax avoidance?I
0:08:50 > 0:08:53agree entirely with my honourable friend and I was just going to make
0:08:53 > 0:08:57the point that those who do pay their taxes are completely federal.
0:08:57 > 0:09:03By eight o'clock this morning nearly 156,000 people had signed a petition
0:09:03 > 0:09:09to go to the Prime Minister. This is an issue that angers people across
0:09:09 > 0:09:13the country, men and women, supporters of all political parties,
0:09:13 > 0:09:20people of all ages, and people in every income group.She makes a very
0:09:20 > 0:09:26good point. Everybody wants tax evasion clamped down on. And I also
0:09:26 > 0:09:31have some statistics. It is this government who has invested £1.8
0:09:31 > 0:09:37million in HMRC to tackle tax avoidance, and indeed we have
0:09:37 > 0:09:41lessened the gap by 2% more than Labour did. So we are on the right
0:09:41 > 0:09:49track.If the honourable lady looks at the HMRC figure on the tax gap,
0:09:49 > 0:09:55running about 34 to £36 billion, if she then looks at the figure that
0:09:55 > 0:10:01tax campaigners talk about, which is a gap of £120 billion, I think she
0:10:01 > 0:10:06will share with me a determination to see much more action to deal with
0:10:06 > 0:10:15something which is just an ill in our society.
0:10:15 > 0:10:21I congratulate my right honourable friend on this debate. Does she
0:10:21 > 0:10:27share my concern about the complacency being Sean -- shown?
0:10:27 > 0:10:31Cutting down on global tax abuse clearly requires international
0:10:31 > 0:10:36cooperation. As we exit the EU, does she share my concern that this is
0:10:36 > 0:10:43not damaged in any away by our exit, but strengthened by our actions
0:10:43 > 0:10:46domestically and internationally?I completely concur with those very
0:10:46 > 0:10:55important remarks made by my honourable friend. It is my -- our
0:10:55 > 0:10:58job as elected representatives to do what we can to put a stop to tax
0:10:58 > 0:11:03injustice. Tax avoidance should not be an issue that divides us. It
0:11:03 > 0:11:10should be an issue on which we work together. In the interests of all
0:11:10 > 0:11:15taxpayers, and to protect our public services. The Paradise Papers are
0:11:15 > 0:11:19the latest in a series of leaks that have been unmasked by the
0:11:19 > 0:11:25international press. I salute the journalists who have been involved
0:11:25 > 0:11:29in making sense of the millions of documents that have been passed to
0:11:29 > 0:11:33them. Especially those at the Guardian and Panorama, who have been
0:11:33 > 0:11:38working on the papers for a year. And I salute the public spirited
0:11:38 > 0:11:41courage of the whistle-blower who first past the paper to the German
0:11:41 > 0:11:48newspaper. Can I just make some progress? The Paradise Papers
0:11:48 > 0:11:57contain 13.4 million files from just two offshore providers of tax advice
0:11:57 > 0:12:00and the company registries of 19 tax havens. The scale of the data is
0:12:00 > 0:12:06what makes the leak so important. Let me say this. We have had the
0:12:06 > 0:12:13Panama papers, the so-called Russian and Azerbaijani laundromat
0:12:13 > 0:12:18revelations on money-laundering. Now we have the Paradise Papers. And we
0:12:18 > 0:12:25will continue to have new leaks splashed over our papers, filling
0:12:25 > 0:12:29our television screen, until such time as the government acts firmly
0:12:29 > 0:12:33to clamp down on the avoidance that is so blatant and yet so wrong. I
0:12:33 > 0:12:41will give way.She said several things that I agree with. For
0:12:41 > 0:12:45instance, everybody should pay their fair share of tax to help fund
0:12:45 > 0:12:49public services, which is vital, and also tax avoidance is something we
0:12:49 > 0:12:52should work together on. Yet considering that point, doesn't she
0:12:52 > 0:12:59feel a little bit ashamed about her party's efforts to block steps
0:12:59 > 0:13:01before the most recent election, that would have actually reduced tax
0:13:01 > 0:13:09avoidance?On trying to not make this overly partisan but I feel more
0:13:09 > 0:13:14ashamed as a member of Parliament at her party's reluctance to adopt the
0:13:14 > 0:13:18very clear and simple methods that could actually really tackle tax
0:13:18 > 0:13:24avoidance. I'm going to make progress. There are a lot of people
0:13:24 > 0:13:28who do want to speak in what is a two-hour debate. Last week our
0:13:28 > 0:13:34papers were filled with scams and scandals concerning celebrities from
0:13:34 > 0:13:38the self appointed philanthropist Bonneau, to the actors in Mrs
0:13:38 > 0:13:42Brown's Boys, stories that tainted the reputation of our much loved
0:13:42 > 0:13:48royal family, regulations about establishment figures and further
0:13:48 > 0:13:52evidence that corporations like Apple deliberately established
0:13:52 > 0:13:57artificial financial structures that have no other purpose than to avoid
0:13:57 > 0:14:05tax. But I want to focus on the systemic history. It is the systemic
0:14:05 > 0:14:10issues we need to consider if we are going to make progress. Let me start
0:14:10 > 0:14:14with two comments arising from what we have learned from the Paradise
0:14:14 > 0:14:17Papers. Observations that help us to understand what is wrong with our
0:14:17 > 0:14:22system. The lawyers at the heart of the Paradise Papers are one of the
0:14:22 > 0:14:29few offshore law practices that belong to the offshore magic circle
0:14:29 > 0:14:32of service providers. Indeed, Appleby was named offshore firm of
0:14:32 > 0:14:40the year by legal 520 15. Yet the Paradise Papers reveal that the firm
0:14:40 > 0:14:47was criticised 12 times over a 10-year period in reports issued by
0:14:47 > 0:14:54regulators in our UK tax havens, the British Virgin Islands, the Isle of
0:14:54 > 0:14:58Man, the Cayman Islands and Bermuda. Appleby was criticised for its
0:14:58 > 0:15:01failure to comply with regulations designed to stop the funding of
0:15:01 > 0:15:06terrorism and to prevent money-laundering. The reports talk
0:15:06 > 0:15:11about persistent failures and deficiencies. Severe shortcomings.
0:15:11 > 0:15:18And a highly significant weakness in the adequacy of organise nation
0:15:18 > 0:15:25systems and controls. -- organisation. Appleby simply ignored
0:15:25 > 0:15:30these critical reports and failed to change their procedures, despite the
0:15:30 > 0:15:36strong words. Even the authorities of the British Virgin Islands found
0:15:36 > 0:15:41after an inspection of Appleby that the confirm has contravened
0:15:41 > 0:15:43financial services legislation, the anti-money-laundering regulations
0:15:43 > 0:15:51and code practice of prep -- 2008, and has severe shortcomings, with
0:15:51 > 0:15:55the majority of the legislation with prudential standards and good
0:15:55 > 0:16:00standards of practice not been met. Our regulatory frameworks are so
0:16:00 > 0:16:04weak that law firms can break the law with complete impunity. It is
0:16:04 > 0:16:11hopeless having self-regulation, national and international codes of
0:16:11 > 0:16:18practice, and regulatory bodies with legal powers that can practice...
0:16:18 > 0:16:27The lawyers just don't give a dam and nobody held them to account.I
0:16:27 > 0:16:34thought I understood prior to this the distinction between tax
0:16:34 > 0:16:38avoidance and evasion. I feel the line is blurred. What is the
0:16:38 > 0:16:41honourable lady's understanding of the disc -- the distinction between
0:16:41 > 0:16:47avoidance and evasion?I have to say I agree with the honourable member
0:16:47 > 0:16:54that the line is extremely blurred and that some schemes put forward as
0:16:54 > 0:16:59legitimate are very frequently then found to be unlawful when HMRC
0:16:59 > 0:17:04finally catches up with them. It is a very blurred area where it is
0:17:04 > 0:17:07difficult to make distinctions. Worse than that, Appleby helped to
0:17:07 > 0:17:12coordinate a well funded and comprehensive lobby by the
0:17:12 > 0:17:18international finance centres for that took place before it G8 summit
0:17:18 > 0:17:24that David Cameron were sharing in 2013. The then Prime Minister had
0:17:24 > 0:17:28intended to insist that UK tax havens should publish public
0:17:28 > 0:17:33registers of beneficial ownership in their jurisdiction. Had David
0:17:33 > 0:17:38Cameron had his way, we might not have been here today. But the group
0:17:38 > 0:17:43lobbied fiercely to maintain secrecy. They lobbied the Right
0:17:43 > 0:17:46Honourable member for South West Hertfordshire, the then Exchequer
0:17:46 > 0:17:49Secretary, they lobbied the permanently -- the permanent
0:17:49 > 0:17:54Secretary, they lobbied the senior official who was director of the
0:17:54 > 0:17:57UK's G8 presidency unit, and they succeeded in weakening David
0:17:57 > 0:18:03Cameron's commitment to transparency.I am very grateful to
0:18:03 > 0:18:05my right honourable friend and neighbour. Isn't the fact that the
0:18:05 > 0:18:15vast majority of these tax havens are British overseas territories?
0:18:15 > 0:18:21And isn't it time that this government or any government of this
0:18:21 > 0:18:25country took seriously the fact that those places are not doing what is
0:18:25 > 0:18:32in the interests of British people all over the world?And I would add
0:18:32 > 0:18:35to that, particularly not in the interests of many of the developing
0:18:35 > 0:18:39countries who lose more tax through tax avoidance than we do
0:18:39 > 0:18:48proportionate to their budgets.Her central contention is that these
0:18:48 > 0:18:57territories should have a register of beneficial ownership. Which he
0:18:57 > 0:19:00acknowledged that the UK is now one of the only countries in the world
0:19:00 > 0:19:04to do that under this government? That was a huge achievement by the
0:19:04 > 0:19:10United Kingdom. And secondly, to put it into international context,
0:19:10 > 0:19:13virtually no other major developed country in the world has done that.
0:19:13 > 0:19:18The state of Delaware, in which 90% of US corporations are registered,
0:19:18 > 0:19:23hasn't done...Order! When I say order, the honourable gentleman
0:19:23 > 0:19:29resumes his seed. That was far too long.
0:19:29 > 0:19:34I would simply observe that the UK also has responsibility for the
0:19:34 > 0:19:38overseas territories and Crown Dependencies, and I wish the UK
0:19:38 > 0:19:43didn't in its own tax court have so many harmful elements in the cold
0:19:43 > 0:19:52that encourage tax avoidance. -- code. Treasury ministers and
0:19:52 > 0:19:58government departments only listen to a very small and exclusive group
0:19:58 > 0:20:03of tax professionals when they take decisions on tax policy. It is one
0:20:03 > 0:20:07thing for the government to consult stakeholders on the issues, but it
0:20:07 > 0:20:12is quite another for the government to be captured by the tax industry
0:20:12 > 0:20:16at the expense of the wider public interest. Tough and active
0:20:16 > 0:20:21regulation of the tax industry to ensure compliance in existing rules
0:20:21 > 0:20:29is vital. And making the advisers accountable for the schemes they
0:20:29 > 0:20:34invent and market is central to the campaign to destroy tax avoidance.
0:20:34 > 0:20:41The government's measures represent one small step in the right
0:20:41 > 0:20:47direction. But the small print suggests that very few, if any, will
0:20:47 > 0:20:52get caught by the legislation. The definitions are too narrow and the
0:20:52 > 0:20:55penalties too weak. They have been brought in so the government can
0:20:55 > 0:20:59claim it is acting. But until advisers are really brought to
0:20:59 > 0:21:04account and properly punished for inventing schemes that are surely
0:21:04 > 0:21:07aimed at avoiding tax, the army of lawyers, accountants and bankers
0:21:07 > 0:21:12will continue to prosper. If the government is serious about packing
0:21:12 > 0:21:15avoidance, it must act strongly on the illegitimate practices of those
0:21:15 > 0:21:24who make a huge living out of peddling tax avoidance advice.It is
0:21:24 > 0:21:28a very powerful case. Does she agree that another area that has to be
0:21:28 > 0:21:33improved is the approach of prosecuting authorities? When we put
0:21:33 > 0:21:39legislation on the statute book, what is striking is how seldom that
0:21:39 > 0:21:41legislation is Excilly proceeded with by the prosecuting authorities
0:21:41 > 0:21:48in this country.I agree with that entirely. I'm now going to make
0:21:48 > 0:21:51progress, otherwise I'll take up too much time. Over half of the Appleby
0:21:51 > 0:21:57offices are located in British tax havens. Over half of the entity is
0:21:57 > 0:22:02exposed in the Panama papers were incorporated in just one UK tax
0:22:02 > 0:22:06haven, the British Virgin Islands. Estimates of the wealth held in this
0:22:06 > 0:22:14tax haven by their nature difficult to verify, but they vary from
0:22:14 > 0:22:21trillion to a figure of 32 trillion. -- trillion to a figure of 32
0:22:21 > 0:22:26trillion.Does she agree that Britain has a unique leadership role
0:22:26 > 0:22:29in the light of what he said and the developing countries lose around 100
0:22:29 > 0:22:35billion, between 100 billion to 160 billion, of lost income a year?
0:22:35 > 0:22:39Imagine what we could do to tackle poverty.I agree with that very
0:22:39 > 0:22:45powerful point that she has made.
0:22:45 > 0:22:48Unbelievable sums of money I hidden in these jurisdictions. It is
0:22:48 > 0:22:54impossible to measure how much tax is lost by the presence of tax
0:22:54 > 0:22:59havens but it does run into hundreds of millions of pounds per year. We
0:22:59 > 0:23:03know developing countries lose three times as much in tax avoidance as
0:23:03 > 0:23:12they gain from global investment in international aid. Our tax havens
0:23:12 > 0:23:16acting as a jurisdiction is central to much of the tax avoidance. We
0:23:16 > 0:23:19cannot continue to pretend we are leading the international fight
0:23:19 > 0:23:27against tax avoidance and evasion when what we do and what we failed
0:23:27 > 0:23:35to do is allowing tax avoidance to prosper. It is also money
0:23:35 > 0:23:37laundering, bribery, corruption and other financial crime prospering
0:23:37 > 0:23:42through the secrecy we allow to prevail. Our failure to tackle our
0:23:42 > 0:23:48tax havens, weak regulatory regimes and some tax rules means we are now
0:23:48 > 0:23:54seen as the country of choice for criminals as well as tax avoidance
0:23:54 > 0:23:59and evaders, as they look to hide their money and minimise their tax
0:23:59 > 0:24:05bills. We need our government to hold to the commitment made by the
0:24:05 > 0:24:09Prime Minister and Chancellor in 2013-14. They understood
0:24:09 > 0:24:15transparency was the key. We need public registers of beneficial
0:24:15 > 0:24:20ownership showing who owns what and where. That would undermine at a
0:24:20 > 0:24:25stroke so much. Would Bono have invested in tax havens if he thought
0:24:25 > 0:24:29we would all know? Would Lewis Hamilton have created a complex
0:24:29 > 0:24:36structure of companies to avoid VAT? Would the actors in Mrs Brown 's
0:24:36 > 0:24:39boys hide their earnings in artificial financial structures if
0:24:39 > 0:24:43they thought we would find out? The answer is no. David Cameron
0:24:43 > 0:24:49understood that when he told the UK tax savings to Riverside, I quote,
0:24:49 > 0:24:56the cloak of secrecy, in 2013. -- rip aside. He urged consultation on
0:24:56 > 0:25:01a public registry vital to meeting the urgent challenge of finance and
0:25:01 > 0:25:09tax evasion. When in 2015 he proclaimed "If we want to break the
0:25:09 > 0:25:12best is a model of stealing money and hiding it in places where it
0:25:12 > 0:25:20cannot be seen, transparency is the answer". In the last two years the
0:25:20 > 0:25:22Government has watered down that commitment to public registers in
0:25:22 > 0:25:28British tax savings. Now we hear ministers say we had to wait for
0:25:28 > 0:25:32other countries to go first. Their proper call for international action
0:25:32 > 0:25:37on transparency has become the lame excuse for inaction in our own
0:25:37 > 0:25:44territory. Mr Speaker, we should lead by example. We should
0:25:44 > 0:25:49demonstrate how transparency can and does change behaviour. We should
0:25:49 > 0:25:54compel overseas territories and Crown dependencies to publish public
0:25:54 > 0:25:59registers in all their territory. In the past, a Conservative government
0:25:59 > 0:26:03has used powers to outlaw capital punishment in our Crown dependencies
0:26:03 > 0:26:08and overseas territory. A Labour government used the same power to
0:26:08 > 0:26:13outlaw discrimination against gay people. Today we should work
0:26:13 > 0:26:17together to outlaw the secrecy of these jurisdictions which leads to
0:26:17 > 0:26:23massive tax injustice. Nothing-macro shows the problems created by
0:26:23 > 0:26:29secrecy are much larger and more complex than we thought possible. --
0:26:29 > 0:26:40the Paradise Papers. We should support behaviours in transforming
0:26:40 > 0:26:43economies so hidden wealth, unsavoury people and questionable
0:26:43 > 0:26:48financial practices are stopped. I cannot think of one good reason not
0:26:48 > 0:26:54to do this and to do it now. There is more that we can do right now. It
0:26:54 > 0:27:00simply requires the Government to have the political will. They will
0:27:00 > 0:27:04certainly have the support of the whole house and the whole country if
0:27:04 > 0:27:10they demonstrate by their action, not words, that they will work to
0:27:10 > 0:27:15stamp out tax avoidance. We can and should implement the legislation
0:27:15 > 0:27:19requiring multinational companies to report their activity and profits on
0:27:19 > 0:27:24a country by country basis. The legislation would be successfully
0:27:24 > 0:27:27steered through Parliament by my honourable friend. We can and should
0:27:27 > 0:27:32introduce right now the public register of property ownership,
0:27:32 > 0:27:39enacted before the general election, promoted by transparency and
0:27:39 > 0:27:42supported by members of the all-party Parliamentary on
0:27:42 > 0:27:47anti-corruption. Nobody knows why this legislation has not been
0:27:47 > 0:27:51implemented. It is a key element in the fight against corruption,
0:27:51 > 0:27:58avoidance and evasion. We should properly resource HMRC right now so
0:27:58 > 0:28:02they are capable of pursuing all those who look to avoid tax, not
0:28:02 > 0:28:08just small businesses, who are an easy target and can be stopped with
0:28:08 > 0:28:14little effort. Every pound invested in HMRC enforcement yields £97 in
0:28:14 > 0:28:21additional tax revenue. It is a no-brainer that we should strengthen
0:28:21 > 0:28:27the HMRC and reverse some of the cuts. The Paradise Papers have
0:28:27 > 0:28:30played tax avoidance back at the heart of the political agenda and
0:28:30 > 0:28:35back at the top of the list of public concerns. The government
0:28:35 > 0:28:39needs to grasp the moment to act. They have an opportunity to do so in
0:28:39 > 0:28:45the budget next week. Britain will never get rich on dirty money.
0:28:45 > 0:28:49Public services cannot function if the most wealthy individuals and the
0:28:49 > 0:28:53most powerful companies deliberately avoid paying their fair share
0:28:53 > 0:28:58towards the cost of those services. This government will not be forgiven
0:28:58 > 0:29:02if it fails to heed the lessons we can all learn from the Paradise
0:29:02 > 0:29:08Papers. Proper transparency will come. The government can choose
0:29:08 > 0:29:12whether it leads the changes needed, or if you would like to be dragged
0:29:12 > 0:29:18kicking and screaming it in fermenting essential reform. I hope
0:29:18 > 0:29:23they will listen, learn and act.-- in in fermenting. The question is
0:29:23 > 0:29:30has on the order paper. I call Mel stride. Financial Secretary to the
0:29:30 > 0:29:36Treasury.Can I begin, Mr Speaker, by congratulating the right
0:29:36 > 0:29:41honourable lady on securing this important debate? She has campaigned
0:29:41 > 0:29:45vigorously on these issues over many years and has certainly been active
0:29:45 > 0:29:51in the past week. I responded to an urgent question also in terms of the
0:29:51 > 0:29:55isle of man and an adjournment debate last week and now of course
0:29:55 > 0:30:01in this debate, as well. She said tax and tax avoidance was one of
0:30:01 > 0:30:06those matters which should not be dividing us and I believe she is
0:30:06 > 0:30:10right. It seems to me in the various iterations of this debate she and I
0:30:10 > 0:30:14have had across the dispatch box there is a great deal in which we
0:30:14 > 0:30:19can be united rather than divided. Not least on the shared view across
0:30:19 > 0:30:23this House and certainly on my side, Mr Speaker, that aggressive tax
0:30:23 > 0:30:29avoidance and evasion are utterly wrong. They are wrong for the
0:30:29 > 0:30:32reasons she has given. Because those who pay tax fairly should not be
0:30:32 > 0:30:40penalised by virtue of the fact some do not paid fairly. We also know, as
0:30:40 > 0:30:45she has pointed out, tax is necessary to fund vital public
0:30:45 > 0:30:51services. It is entirely wrong that those aggressively evading or
0:30:51 > 0:30:54avoiding tax put pressure on public services, the NHS, doctors and
0:30:54 > 0:31:02nurses. I will give way to the honourable member.Under the last
0:31:02 > 0:31:06government there was an appointment made as an anti-corruption czar by
0:31:06 > 0:31:12the former Prime Minister. I'm wondering who the anti-corruption
0:31:12 > 0:31:17czar is under the current government.That is a matter I will
0:31:17 > 0:31:24get back to. If I can make a little progress... We know tax is
0:31:24 > 0:31:31important. Clearly for public services. And we know, has the lady
0:31:31 > 0:31:37has quite rightly stressed, it is important the Government acts and is
0:31:37 > 0:31:40seen to act when we come across aggressive tax avoidance and
0:31:40 > 0:31:48evasion. As my friends on this side of the House have eloquently pointed
0:31:48 > 0:31:56out, we have a very strong track record in that regard. We have ways.
0:31:56 > 0:31:59£160 billion in additional revenue as a consequence of clamping down on
0:31:59 > 0:32:06tax avoidance, evasion and noncompliance since 2010. We have
0:32:06 > 0:32:13brought in... Let me make this point, we have also brought in £2.8
0:32:13 > 0:32:17billion tracking down those who have looked to inappropriately hide their
0:32:17 > 0:32:24finances in overseas tax jurisdictions. We brought in £28.9
0:32:24 > 0:32:30billion in additional compliance in the last 12 months alone. This is
0:32:30 > 0:32:35the most telling point, because the honourable lady is rightly critical
0:32:35 > 0:32:39of the last Labour government in terms of their performance. She
0:32:39 > 0:32:42raised it this afternoon and also the same point in an adjournment
0:32:42 > 0:32:49debate last week. If we look at the tax gap currently between what we
0:32:49 > 0:32:52could potentially bring in by way of taxation and what we actually do is
0:32:52 > 0:33:006%. It is a historic low. A world beating figure. If we had today the
0:33:00 > 0:33:06average tax gap that was pertinent under the last Labour government we
0:33:06 > 0:33:15would be £45 billion less in the exchequer as a consequence. That is
0:33:15 > 0:33:18£45 billion not therefore vital public services which the right
0:33:18 > 0:33:24Honourable lady is keen to discuss. I think the honourable gentleman is
0:33:24 > 0:33:31first.I thank the Minister for giving way. Can he confirm HMRC
0:33:31 > 0:33:37inform the commercial services union that in 2017 the equivalent of
0:33:37 > 0:33:4117,000 years of staff experience is leaving the department? How will
0:33:41 > 0:33:43that help the Government record going forward in dealing with tax
0:33:43 > 0:33:50evasion and avoidance?I thank him for raising the issue in HMRC. We
0:33:50 > 0:33:56have a very good record in that regard. 1.8 billion invested in HMRC
0:33:56 > 0:34:04since 2010, in which 800 million will relate to the period after
0:34:04 > 0:34:132015, bringing in £7.2 billion by 2020 - 21. We will triple the number
0:34:13 > 0:34:15of investigations into the wealthy to make sure they are indeed paying
0:34:15 > 0:34:21the appropriate level of tax, as a direct consequence of that
0:34:21 > 0:34:26additional investment. I will give way.The Minister is very kind. Can
0:34:26 > 0:34:34he explain to the housewife only 420 HMRC staff are engaged in chasing
0:34:34 > 0:34:38tax avoidance and get ten times that number of civil servants are engaged
0:34:38 > 0:34:44in benefit fraud in the DWP?I challenge the honourable member's
0:34:44 > 0:34:53actual figure. It is a far larger number than the figure he suggested
0:34:53 > 0:34:59which are engaged in clamping down on tax avoidance. For example, in
0:34:59 > 0:35:03the 2100 largest corporations in this country, around 50% are under
0:35:03 > 0:35:06investigation not necessarily for doing anything wrong, but because
0:35:06 > 0:35:12they have complex tax affairs at any one time.I will give way to the
0:35:12 > 0:35:18honourable member again. Can he confirm to the House he has answered
0:35:18 > 0:35:22the question yesterday saying that there are 522 employees in the
0:35:22 > 0:35:30network union in 2017 and that compares with 4045 full-time
0:35:30 > 0:35:37equivalents in DWP chasing Social Security?On this issue of the tax
0:35:37 > 0:35:40take from the wealthiest in this country, this government has an
0:35:40 > 0:35:47exemplary record. Of the wealthiest 1%, they pay around 20% of all
0:35:47 > 0:35:54income tax. Under the last Labour government it was below 24%. I will
0:35:54 > 0:35:57not take any lectures from the party opposite.
0:36:00 > 0:36:03She has a question about the tax gap...I will give way to the
0:36:03 > 0:36:09honourable member. He is right to point out HMRC do a very good job in
0:36:09 > 0:36:12terms of collection of tax in this country but it does not mean it
0:36:12 > 0:36:17cannot do better. With the Minister agree that the way in which the tax
0:36:17 > 0:36:22take is identified and it is based on what we think should be paid in
0:36:22 > 0:36:28tax, it is not deal with Google, Amazon, Starbucks and others, who
0:36:28 > 0:36:31hides tags and it is not computed into the actual tax we should take
0:36:31 > 0:36:37and therefore the delivery of a tax gap?I am pleased she has raised the
0:36:37 > 0:36:42issue. The robustness of this figure is extremely high. The IMF said it
0:36:42 > 0:36:47is one of the highest standards in the world. It is audited and agreed
0:36:47 > 0:36:50by the National audit office and made public in the HMRC annual
0:36:50 > 0:36:58report and accounts. I will give way to my honourable friend.I thank him
0:36:58 > 0:37:02for giving way. He rightly talks about the need for the wealthiest to
0:37:02 > 0:37:06pay their fair share. Does he agree one of the most obscene things under
0:37:06 > 0:37:10the last Labour government was cleaners have to pay more tax man
0:37:10 > 0:37:14hedge fund owners that employed them and a Conservative government closed
0:37:14 > 0:37:23the so-called Mayfair loophole?My honourable friend is entirely right.
0:37:23 > 0:37:27It is this government that has raised the personal allowance to
0:37:27 > 0:37:3311,500, taking 3-4,000,000 has a tax altogether. This government brought
0:37:33 > 0:37:38in the National Living Wage. This government will go on to make sure
0:37:38 > 0:37:42those with the broadest shoulders will pay their fair share. I will
0:37:42 > 0:37:48give way to the honourable member.
0:37:48 > 0:37:52Does the honourable member agree that the HMRC would be serving this
0:37:52 > 0:37:55government and the people in the United Kingdom better by challenging
0:37:55 > 0:38:02those who bend the rules rather than finding my law-abiding constituent
0:38:02 > 0:38:08Sheila £1600 for a £100 -- £135 yearly tax bill when all she failed
0:38:08 > 0:38:13to do was press enter at the end of the form?The honourable lady raises
0:38:13 > 0:38:18a very important point, which brings me onto my next point. There is an
0:38:18 > 0:38:22assumption on the opposition benches that somehow nothing is being done
0:38:22 > 0:38:28about these various issues. The right honourable lady, the lady --
0:38:28 > 0:38:33the member from parking, referred to one of the instances in the Panama
0:38:33 > 0:38:37papers were some income had been diverted overseas and then loaned
0:38:37 > 0:38:42back to individuals, which is known as disguised remuneration. And quite
0:38:42 > 0:38:46rightly she has asked the question, what is the government doing about
0:38:46 > 0:38:49those circumstances? Pointer to the Finance Bill that has just gone
0:38:49 > 0:39:00through this house. -- I pointer. People will be given until 2019 to
0:39:00 > 0:39:03clear up those arrangements or they will pay the penalty. I will make a
0:39:03 > 0:39:07little more progress. I am conscious of time and the shortness of the
0:39:07 > 0:39:11debate. There are other issues were in fact we have brought in 75
0:39:11 > 0:39:18measures since 2010 to clamp down on these measures. A further 35 will,
0:39:18 > 0:39:26growing from 2015, raising £18.5 billion by 2020 - 2021. One of the
0:39:26 > 0:39:30problems is we have been so active in bringing in so many measures that
0:39:30 > 0:39:33unfortunately not all of them have been noticed. The right
0:39:33 > 0:39:38honourable... I will finish this point and I will give way. The right
0:39:38 > 0:39:44honourable lady, the member for barking, raised, for example, the
0:39:44 > 0:39:49issue of taking action. She razored last week in the debate. Taking
0:39:49 > 0:39:53action against those who promote these tax avoidance schemes. Once
0:39:53 > 0:40:01again in the Finance Bill. All 777 pages of it, very technical, it will
0:40:01 > 0:40:04probably put you to sleep that night, but within it there are
0:40:04 > 0:40:09measures to deal with precisely what she was urging us to take action on
0:40:09 > 0:40:18last week. We have already done it. I give way.Whilst I congratulate
0:40:18 > 0:40:23the government on specific changes it has made, as not the biggest
0:40:23 > 0:40:28change being the general Anti-Abuse Rule which catches a number of these
0:40:28 > 0:40:35schemes and allows governments to look at what is tax avoidance,
0:40:35 > 0:40:37aggressive avoidance, which therefore becomes invasion, which is
0:40:37 > 0:40:46illegal?-- evasion. My friend is entirely right. The rule has had
0:40:46 > 0:40:49significant impact. It was brought in under this government. It is very
0:40:49 > 0:40:55effective. There is a certain irony in the fact the opposition profess
0:40:55 > 0:40:58the importance of some of these measures, some of which have already
0:40:58 > 0:41:07been brought into law. The irony is that when it came to the third
0:41:07 > 0:41:10reading of the Finance Bill which brought these things in, the
0:41:10 > 0:41:16opposition voted against them. I will give way.I thank the Minister.
0:41:16 > 0:41:22The fact remains though that there is at least £30 billion of
0:41:22 > 0:41:32uncollected tax. It could be up to 120 billion. Wouldn't it be better
0:41:32 > 0:41:40if we were to invest in and not cut tax offices, and go after that
0:41:40 > 0:41:45multi-billion pound tax gap?Going after the tax gap, which is what
0:41:45 > 0:41:49this government is doing, and we have an exemplary record, the lowest
0:41:49 > 0:41:53tax gap in the world, the lowest in history, far lower than under the
0:41:53 > 0:42:00last government... As her tax offices, we need to move to an HMRC
0:42:00 > 0:42:03which is ready and equipped for the 21st century. That doesn't mean a
0:42:03 > 0:42:07large number of scattered offices. It means offices where the technical
0:42:07 > 0:42:14skills are there, where the staff is there. Where knowledge and
0:42:14 > 0:42:17understanding can be facilitated to move forward. I will make some
0:42:17 > 0:42:26progress. I am aware this is just a two-hour debate. Many wish to speak.
0:42:26 > 0:42:28Mr Speaker, we have covered the issue of the various measures that
0:42:28 > 0:42:32we have taken. We have covered the issue of the huge investment we have
0:42:32 > 0:42:36made an HMRC. Haps I can now turn to the international aspects, where we
0:42:36 > 0:42:41all agree that we need to look closely at what is happening in the
0:42:41 > 0:42:45international sphere. This government has a record of which it
0:42:45 > 0:42:49can be proud. Through the OECD we have been at the vanguard, in the
0:42:49 > 0:42:53vanguard of the base erosion of profit shifting project. We have
0:42:53 > 0:42:56worked very closely with the Crown Dependencies and overseas
0:42:56 > 0:43:00territories. We brought in a diverted profits tax that will raise
0:43:00 > 0:43:051.3 billion by 2019, common reporting standards to ensure
0:43:05 > 0:43:11information is exchanged to around 100 different countries, a directory
0:43:11 > 0:43:15of beneficial ownership, which is accessible by HMRC, the body, the
0:43:15 > 0:43:21authority that needs to have that information. This is a game changer.
0:43:21 > 0:43:25It has happened within the last couple of years. Many of those items
0:43:25 > 0:43:28and issues arising from the Paradise Papers go back very, very many
0:43:28 > 0:43:36years. But these actions are in position right now. Can I make one
0:43:36 > 0:43:44important point? On the issue of transparency... The Right Honourable
0:43:44 > 0:43:47member talks about transparency. I asked her at the last debate last
0:43:47 > 0:43:54week if, when it comes to that -- those 13 million files, which she
0:43:54 > 0:43:57join me in calling upon them to release that information to HMRC so
0:43:57 > 0:44:04that we can go after anybody who, as a consequence of that data release,
0:44:04 > 0:44:11has been abusive in terms of our tax system? Will see support us?-- will
0:44:11 > 0:44:19see support us. It is not in the gift of the Guardian or Panorama to
0:44:19 > 0:44:24release those papers. They are not able to do so.What I actually asked
0:44:24 > 0:44:29is whether the right honourable lady would join me in calling for them to
0:44:29 > 0:44:33release that information, which is a slightly different question, and I'm
0:44:33 > 0:44:40happy to give way if she would like to tell us yes or no.Order. Stop
0:44:40 > 0:44:44the clock. There is far too much noise in this chamber. I say very
0:44:44 > 0:44:50gently to the Parliamentary Private secretary, don't do it. You may
0:44:50 > 0:44:53think you are being clever. It doesn't enhance your application as
0:44:53 > 0:44:59a parliamentarian in the end. Please don't do it. It's juvenile, the
0:44:59 > 0:45:05public despise it and I have no patients for it. Dame Margaret
0:45:05 > 0:45:13Hodge. -- patience.I would certainly join the Minister in
0:45:13 > 0:45:16seeking any documentation HMRC require to pursue those guilty of
0:45:16 > 0:45:21avoidance bird evasion. I would say to the Minister that when I have
0:45:21 > 0:45:28given papers to HMRC in the past, whether about Google or others, they
0:45:28 > 0:45:34disappear and no action appears to be taken.I will take that as a yes
0:45:34 > 0:45:38and that we can work together to try and see that that information is
0:45:38 > 0:45:44provided to HMRC. I can see no reasonable reason why it should not.
0:45:44 > 0:45:54I will give way.I very much agree with my rival harbour front. Will he
0:45:54 > 0:46:02confirm that in recent years, made -- well after many of these papers,
0:46:02 > 0:46:05Crown Dependencies have fully cooperated with the UK in relation
0:46:05 > 0:46:09to all tax transparency, all OECD measures, and have the same
0:46:09 > 0:46:13transparency ratings as the United States, Germany and other Western
0:46:13 > 0:46:20democracies?I thank him for that intervention. We have automatic
0:46:20 > 0:46:25access in terms of corruption enquiries to are Crown Dependencies
0:46:25 > 0:46:31in overseas territories as a result of that cooperation. I recognise how
0:46:31 > 0:46:34important this issue as to the public and it is of critical
0:46:34 > 0:46:37importance to this government. UK tax authorities have more
0:46:37 > 0:46:41information and more power than ever before to clamp down on evasion and
0:46:41 > 0:46:44avoidance because of the actions of the government, actions the
0:46:44 > 0:46:49government she was part of and failed to take. I conclude with the
0:46:49 > 0:46:54words of the right honourable lady, the member for Berkin, made in last
0:46:54 > 0:47:01week's adjournment debate she has, and I quote, never depended the
0:47:01 > 0:47:04record of the Labour government in this area. That speaks directly to
0:47:04 > 0:47:10the heart of this issue. An apparent legacy of tax abuses going back many
0:47:10 > 0:47:15years, framed by the inaction of the party opposite. And it speaks to the
0:47:15 > 0:47:20core of Labour's approach to the world, that the opportunity lies
0:47:20 > 0:47:23always in the criticism and the derision rather than in action and
0:47:23 > 0:47:29justice. It is this government that is acting. It is this government
0:47:29 > 0:47:34that will continue to leave no stone unturned in the pursuit of those who
0:47:34 > 0:47:38seek to duck their responsibilities at the expense of us all. Whenever
0:47:38 > 0:47:41and wherever it is found, this government will continue to bring
0:47:41 > 0:47:49the avoiders, the evaders, the noncompliant, to book.Order. Both
0:47:49 > 0:47:54the Right Honourable member for Barking and the financial Secretary
0:47:54 > 0:47:57to the Treasury, characteristically courteously, gave way extensively.
0:47:57 > 0:48:01They are not being criticised for that. But I simply draw attention to
0:48:01 > 0:48:05the limited time available for the debate and ask those speaking from
0:48:05 > 0:48:11the front bench to be extremely sparing in their remarks. First
0:48:11 > 0:48:14responsibility for brevity is that of the honourable member for Bootle,
0:48:14 > 0:48:18Mr Peter Dowd. I will try and take that suggestion
0:48:18 > 0:48:27on board rather than a direction. The minister identifies what should
0:48:27 > 0:48:33be done. I'll tell you what should be done. Labour's tax enforcement
0:48:33 > 0:48:35programme, it says an immediate public enquiry into avoidance,
0:48:35 > 0:48:40greater scrutiny of MPs, create a specialist tax enforcement unit,
0:48:40 > 0:48:44public filing of large company tax returns, of the tax returns of
0:48:44 > 0:48:51wealthy individuals earning more than £1 million. No public contracts
0:48:51 > 0:48:54Froch tax avoidance, repatriate contracts parked in tax havens,
0:48:54 > 0:48:59public contract transparency, a register of ownership of companies,
0:48:59 > 0:49:06a register of trusts, a general tax avoidance rule principle, strict
0:49:06 > 0:49:08minimal standards for Crown Dependencies and overseas
0:49:08 > 0:49:14territories, create an offshore companies levy, full country by
0:49:14 > 0:49:20country reporting. A comprehensive proposal by Labour to begin with.I
0:49:20 > 0:49:23think the Shadow Minister forgiving way. Would he agree with me that
0:49:23 > 0:49:28there is an army of facilitators around tax avoidance, including,
0:49:28 > 0:49:31sadly, the four big accountancy firms often based just a mile down
0:49:31 > 0:49:38the road in the Square mile?My honourable friend makes an important
0:49:38 > 0:49:42point. What goes to the heart of this is the question of
0:49:42 > 0:49:46transparency. We have the bizarre situation that when I was on
0:49:46 > 0:49:53Newsnight last week, and the chair, the chairman of the Cayman Islands
0:49:53 > 0:49:58stock exchange was on the programme as well... What an insouciant
0:49:58 > 0:50:08attitude of that man had to tax avoidance. Mr Speaker, he actually
0:50:08 > 0:50:13said, there hadn't been any wrongdoing. Maybe not. What he did
0:50:13 > 0:50:19do was he called for the journalist to be jailed that is what he did.
0:50:19 > 0:50:23That is what he did. He called for the journalist to be jailed. And
0:50:23 > 0:50:29that is the position we find ourselves in. I am going to take the
0:50:29 > 0:50:33suggestion, otherwise it will be an admonition from the Speaker, to push
0:50:33 > 0:50:38on. Then I will take some interventions. I hope that members
0:50:38 > 0:50:42across this House will join with me in condemning those responsible and
0:50:42 > 0:50:48offensive comments. All of us or a debt of gratitude to the
0:50:48 > 0:50:50hard-working and diligent journalists involved to have
0:50:50 > 0:50:54demonstrated the importance of a free press, holding the wealthiest
0:50:54 > 0:50:59and most powerful individuals and multinationals to account. To be
0:50:59 > 0:51:03clear, we are talking about tax avoidance, which covers activities
0:51:03 > 0:51:11within the law. But that work against its effective application.
0:51:11 > 0:51:15Most of the people and cases involved have not broken any law or
0:51:15 > 0:51:19acted in a criminal way. That does not make tax avoidance acceptable
0:51:19 > 0:51:24are justifiable in the 21st century. After all, as has been identified,
0:51:24 > 0:51:33tax avoidance costs of us all. Every pound avoided is taken from her
0:51:33 > 0:51:37children's education, from our armed Forces, the very people who protect
0:51:37 > 0:51:43us. From the elderly and disabled. Even if we were to look, as we -- as
0:51:43 > 0:51:50has been identified, at the Conservative figures published on
0:51:50 > 0:51:57tax avoidance, 12.8 billion was lost to the Exchequer because of tax
0:51:57 > 0:52:01avoidance. That is not acceptable. And frankly, the question about what
0:52:01 > 0:52:06a Labour government did in the past, people have a view about that.
0:52:06 > 0:52:10People think it was much better than the Tories overall. I'm not going
0:52:10 > 0:52:15there. The question arises as to what... I referred the honourable
0:52:15 > 0:52:19gentleman to the financial Times, Mr Speaker. With the greatest of
0:52:19 > 0:52:22respect to the honourable gentleman, I'm not his research. I'm sure he is
0:52:22 > 0:52:29capable of doing that.I'll give way. I thank you. Does he accept
0:52:29 > 0:52:34that if the tax gap we have now was at the same level it had been on
0:52:34 > 0:52:41average on the Labour, that our deficit would be £12 billion higher?
0:52:41 > 0:52:45My honourable friend behind me says, move on. And I think she is
0:52:45 > 0:52:52absolutely right in relation to that issue. I will reaffirm the point I
0:52:52 > 0:53:02made in the Labour document. We have got to push on with this debate.
0:53:02 > 0:53:07It's no good talking about the past. We want to talk about here and now
0:53:07 > 0:53:15and the future. I will give way to the honourable member.He does not
0:53:15 > 0:53:22had to speak if he does not want to! The tax gap is now 60%. It averaged
0:53:22 > 0:53:278% under Labour. If it was 8% as then, we would have a bigger deficit
0:53:27 > 0:53:38by £12 billion per year. -- the tax gap now is 6%.I am not going to get
0:53:38 > 0:53:43into that particular issue. No doubt we will come back to this at the
0:53:43 > 0:53:49time of the budget. I know you are looking at me with those guys. And a
0:53:49 > 0:53:55smile at the same time. I will move on. Mr Speaker, while tax avoidance
0:53:55 > 0:54:01is a global problem it is also a UK problem. The UK accounts for 17% of
0:54:01 > 0:54:05the global market for offshore services. We are considered one of
0:54:05 > 0:54:08the biggest if not the biggest players in the global offshore
0:54:08 > 0:54:14system of tax havens. Accounting for some of the world's key tax havens,
0:54:14 > 0:54:20Jersey, Guernsey, Isle of Man 's Tom Bahama, isle of man, Kate Cross and
0:54:20 > 0:54:25British Virgin Islands, all British overseas territories and all
0:54:25 > 0:54:30afforded the protection of the British Government. Despite our
0:54:30 > 0:54:33prominence as a country at the heart of the network offshore tax havens
0:54:33 > 0:54:37which helps tax avoidance across the globe, the Government refuses to
0:54:37 > 0:54:42lead the way in relation to tax transparency. I keep using that
0:54:42 > 0:54:53word. I will consistently use that word, tax transparency.Thank you.
0:54:53 > 0:54:58Would the Shadow Minister agree the purchasing of a private jet, nearly
0:54:58 > 0:55:03£17 million, setting up an offshore leasing company, with the sole aim
0:55:03 > 0:55:10of saving £3 million in VAT is an affront to our public services.My
0:55:10 > 0:55:18honourable friend is quite right. It is shocking. The denial of those on
0:55:18 > 0:55:24the Government benches is not something new. In 2013 when the G8
0:55:24 > 0:55:28was pushing ahead with strict rules to clamp down on tax avoidance, the
0:55:28 > 0:55:33then Conservative Prime Minister David Cameron was busy undermining
0:55:33 > 0:55:36them, writing to the president of the European Council demanding
0:55:36 > 0:55:43offshore trusts were excluded. The government record on tackling tax
0:55:43 > 0:55:49avoidance is not all that it would like it to be. Yes, I'm quite happy.
0:55:49 > 0:55:53He is being generous with his time. We all agree this has to be a
0:55:53 > 0:55:58priority. He is focusing on our record but why did the Labour Party
0:55:58 > 0:56:02block the three measures we brought forward by Chamakh it would have
0:56:02 > 0:56:09been worth £8.6 billion vital to the public services the listed earlier.
0:56:09 > 0:56:20-- we brought forward?I am more than happy to give the honourable
0:56:20 > 0:56:27gentleman a narrative. Let's put it like that. About the proceedings. If
0:56:27 > 0:56:31he wishes I have more than happy to talk to him outside. I think the
0:56:31 > 0:56:36information he is getting from his front bench is nonsense. I'm going
0:56:36 > 0:56:41to close to give people an opportunity, Mr Speaker. First we
0:56:41 > 0:56:48had the Panama Papers. Now the Paradise Papers. How many more tax
0:56:48 > 0:56:55avoidance leaks will then need to be before the Government acts? It is
0:56:55 > 0:56:58clear we desperately need a public enquiry into tax avoidance, the use
0:56:58 > 0:57:02of onshore trusts and havens. The government should listen to this
0:57:02 > 0:57:07side of the House and people outside the House, more importantly, and act
0:57:07 > 0:57:12by introducing a public register of offshore trusts and publishing the
0:57:12 > 0:57:16information already provided to it from overseas territories. It should
0:57:16 > 0:57:22also stop cuts to HMRC and make sure HMRC staff have the staff and
0:57:22 > 0:57:30resources needed to enable it to tackle tax avoidance. Mr Speaker,
0:57:30 > 0:57:32this House should be reassured that if this government continues to
0:57:32 > 0:57:39ignore the problem and to act, I can assure them of the Labour government
0:57:39 > 0:57:45will.I draw the attention of the House to my entry in the register of
0:57:45 > 0:57:49members interests. I congratulate the honourable lady on securing this
0:57:49 > 0:57:55debate. She brings great expertise and authority on these matters, not
0:57:55 > 0:58:01least from her time on the PAC. Mr Speaker, I think the most important
0:58:01 > 0:58:06point for her to focus on this afternoon is this is not a party
0:58:06 > 0:58:10political issue. Although the right honourable lady had some criticisms
0:58:10 > 0:58:16of this government, criticisms of the Government of which she was a
0:58:16 > 0:58:19part, the only plausible criticism in my judgment which can be made of
0:58:19 > 0:58:24the current government is they need to speed up some of the initiatives
0:58:24 > 0:58:29they have already implemented. But the Government has not done that in
0:58:29 > 0:58:33respect of the overseas territories, because we would rather these havens
0:58:33 > 0:58:38took action themselves. And to be fair, to some extent they have
0:58:38 > 0:58:43already started doing so. In terms of the actions taken by the
0:58:43 > 0:58:47Government, David Cameron and George Osborne led the international effort
0:58:47 > 0:58:52at the G8 to clamp down on these matters. Especially on tax avoidance
0:58:52 > 0:58:58and evasion. We introduced publicly accessible registers in the UK for
0:58:58 > 0:59:04people with significant control. We abolished anonymous shareholders. We
0:59:04 > 0:59:12introduced very important unexplained wealth orders. And the
0:59:12 > 0:59:16anti-bribery law, first started under John Major in Paris in 1995,
0:59:16 > 0:59:22was finally introduced into this country in 2011, after 13 years of
0:59:22 > 0:59:28Labour government, by David Cameron. Let's be clear that this government
0:59:28 > 0:59:32has been taking action and has raised an immense amount of extra
0:59:32 > 0:59:37tax as a result. However, the time has come, this is the third debate
0:59:37 > 0:59:44in which I had taken part, to insist on the same level of transparency
0:59:44 > 0:59:49for the overseas territories as we have in this country. These
0:59:49 > 0:59:54territories gain hugely from their relationship with the UK. As the
0:59:54 > 1:00:00Government made clear in 2012, and I quote, it is a matter of
1:00:00 > 1:00:03constitutional law, the UK Parliament has unlimited power to
1:00:03 > 1:00:09legislate for these territories. I give way.I am grateful to the
1:00:09 > 1:00:13gentleman for giving way. He will go from his considerable expertise on
1:00:13 > 1:00:17international development that the abuse of these sorts of offshore
1:00:17 > 1:00:21schemes not only harm the British taxpayer but also disadvantage some
1:00:21 > 1:00:25of the poorest people in the world. That is why the Government must
1:00:25 > 1:00:27increase greater transparency in Crown dependencies and overseas
1:00:27 > 1:00:33territories.I am coming onto exactly that point. The position of
1:00:33 > 1:00:39the territories, like many members, I have had visits from senior
1:00:39 > 1:00:42ministers in virtually all of them, the position of the territories is
1:00:42 > 1:00:49best summed up by the prayer of Saint Augustin, make me chaste, O
1:00:49 > 1:00:54Lord, but not yet. They have double-macro arguments. The first I
1:00:54 > 1:01:00will call the Dutch Antilles argument. -- they have two
1:01:00 > 1:01:05arguments. They will head off to the Dutch Antilles. There is a real
1:01:05 > 1:01:09momentum around the world, thanks to David Cameron and George Osborne, to
1:01:09 > 1:01:16attack these unfair nurses. The havens in bracing and open register
1:01:16 > 1:01:20in my view will have an advantage from being at the front of opening
1:01:20 > 1:01:26up for what are billions of pounds of legitimate business. The second
1:01:26 > 1:01:31argument and this is one in a way I think we must address head-on, is
1:01:31 > 1:01:35they already provide the private registers, they are available to
1:01:35 > 1:01:41lawmakers and regulators like the HMRC, and they proudly say they will
1:01:41 > 1:01:48turn around enquiries from the HMRC within a matter of hours. That is
1:01:48 > 1:01:52very good but completely misses the point, as this recent release of
1:01:52 > 1:02:00information shows. Registers must be open to the media, journalists, NGOs
1:02:00 > 1:02:05and those people who can join up the dots. The regulatory authorities are
1:02:05 > 1:02:10not with the best will in the world in that business. Narrow questions
1:02:10 > 1:02:16jaunt from regulatory authorities do not suffice. -- drawn from
1:02:16 > 1:02:23regulatory authorities.My honourable friend makes a fair
1:02:23 > 1:02:27point. Will he accept that we should not run all overseas territories
1:02:27 > 1:02:32into the same basket? Some are much more compliant than others.He makes
1:02:32 > 1:02:38a very good point. I would like to exclude Gibraltar from what I am
1:02:38 > 1:02:42saying. Gibraltar is not an example of what we are talking about. Time
1:02:42 > 1:02:48is short. The final point I want to make is the United Kingdom led on
1:02:48 > 1:02:53point seven. Around the world the United Kingdom is looks to for its
1:02:53 > 1:02:56leadership on international developer on. It is part of this
1:02:56 > 1:03:02Parliament's identity. It is who we are. It is part of global Britain.
1:03:02 > 1:03:07We have an obligation, not least to Oregon taxpayers, the champion
1:03:07 > 1:03:14transparency and openness and have zero tolerance towards corruption.
1:03:14 > 1:03:18-- our own taxpayers. When we came into government in 2010 the
1:03:18 > 1:03:20Department for International development led the way with
1:03:20 > 1:03:25transparency guarantees. We published openly all expenditure
1:03:25 > 1:03:31above £500 on the Internet and it may be a cliche, but sunlight is the
1:03:31 > 1:03:34best disinfectant and that is at the heart of what we are talking about
1:03:34 > 1:03:42today.I am most grateful to him for giving way and support what he is
1:03:42 > 1:03:46saying. Will he agree with me that actually the market for financial
1:03:46 > 1:03:52services in the future is huge? Jurisdiction with this transparency
1:03:52 > 1:03:55is going to attract a loss of business in the future exactly for
1:03:55 > 1:04:01that reason.My honourable friend is absolutely right. That was the first
1:04:01 > 1:04:05of the two points I was making in trying to tackle head-on the
1:04:05 > 1:04:09counterargument sometimes but up by some of the territories. In terms of
1:04:09 > 1:04:16tackling corruption and having a zero tolerance towards it, in 2010,
1:04:16 > 1:04:20when I was responsible for these matters, we targeted funding
1:04:20 > 1:04:24specifically on to the city of London police, who have some
1:04:24 > 1:04:28expertise in pursuing and recovering stolen funds. We should do as much
1:04:28 > 1:04:33with that as we possibly can. I give way.I agree with a great deal of
1:04:33 > 1:04:37what he has said. Given the British Virgin Islands in particular, the
1:04:37 > 1:04:42majority of the economy is in financial services, the islands have
1:04:42 > 1:04:45been devastated in the hurricanes. Is now the right time to impose on
1:04:45 > 1:04:52the islanders rather than working with them?He makes a fair point in
1:04:52 > 1:04:55view of the current humanitarian crisis which has afflicted the
1:04:55 > 1:05:00British Virgin Islands. It is in fact one of the most transparent is
1:05:00 > 1:05:08of these havens. But I do not think what I hope is a temporary crisis
1:05:08 > 1:05:12should in any way mitigate the argument I am making that maybe in a
1:05:12 > 1:05:15short period of time but in a defined period, these open registers
1:05:15 > 1:05:21are absolutely essential. I was talking about Britain's
1:05:21 > 1:05:23international developer and leadership and I finish on this
1:05:23 > 1:05:30point... I will give way to the honourable member.Earlier he said
1:05:30 > 1:05:34the UK lead on point seven. They were about 45 years later on the
1:05:34 > 1:05:39agreement in 1970 and decades behind Scandinavia. I do not see the
1:05:39 > 1:05:45leadership. Will he come back on that?He cannot get away with such a
1:05:45 > 1:05:50narrow partisan comment. Britain was at the G8 country to stand by
1:05:50 > 1:05:54commitments to the poorest people in the world and we are very proud
1:05:54 > 1:06:01indeed that it was this government that did it. Mr Speaker, the highly
1:06:01 > 1:06:10respected Africa progress panel in a recent study on the DRC, made clear
1:06:10 > 1:06:14that stolen funds and stolen taxes was costing their country £1.5
1:06:14 > 1:06:21billion. More than the country spends on health and education. It
1:06:21 > 1:06:25is deeply ironic some deeper as people in the world live on top of
1:06:25 > 1:06:31some of the richest real estate. That is clear in the DRC. There are
1:06:31 > 1:06:36incredible studies which make it absolutely clear that in Africa the
1:06:36 > 1:06:46money that is stolen from the people through nonpaid taxes or concealment
1:06:46 > 1:06:48dwarfs all foreign direct investment and international developer and
1:06:48 > 1:06:52money flowing into Africa each year. I will give way to the honourable
1:06:52 > 1:06:58member.We know a lot of that money does not end up in overseas
1:06:58 > 1:07:10territories. We know a lot of money ends up in places like Dubai. We
1:07:10 > 1:07:14need to engage in other parts of the world, particularly in places like
1:07:14 > 1:07:19Dubai where much of this money can be found.He makes a good point. The
1:07:19 > 1:07:24key point is transparency. It is openness. Make all these matters
1:07:24 > 1:07:27published and the way they are published in an open register in
1:07:27 > 1:07:31Britain and that is the way in which we make progress. Mr Speaker, we
1:07:31 > 1:07:35look to the Government to advance this agenda. Probably in the Finance
1:07:35 > 1:07:40Bill. We have the Treasury benches will clearly hear the will of the
1:07:40 > 1:07:46House on this matter today and that progress will indeed now be made.I
1:07:46 > 1:07:52asked the SNP spokesperson not to exceed ten minutes in the interests
1:07:52 > 1:08:02of facilitating others. We are in her hands. Kirsty Blackman.
1:08:02 > 1:08:08It is try to stick to that. -- it is not common for me to exceed ten
1:08:08 > 1:08:17minutes. Thanks for bringing this debate to the House. I would like to
1:08:17 > 1:08:22thank the journalists who have done the work in the Paradise papers,
1:08:22 > 1:08:27they have done it huge amount of work, investigating this, and
1:08:27 > 1:08:31exposing the issues and bringing this to the attention of the
1:08:31 > 1:08:35international media as well as the attention of this House and they
1:08:35 > 1:08:40deserve to be thanked. I normally have a lot of time for the minister,
1:08:40 > 1:08:46I find him to be often wrong, but generally reasonable.LAUGHTER
1:08:46 > 1:08:54The speech he made today was badly pitched, frankly. The speech from
1:08:54 > 1:08:59the member for Sutton Coldfield was much better, not just talking about
1:08:59 > 1:09:01resting on his laurels, but about what the government was going to do
1:09:01 > 1:09:08and then could do in the future, I have the minister listens to the
1:09:08 > 1:09:11voices across the House on what they are calling for De Shai Hope. This
1:09:11 > 1:09:19is not a party political issue -- I hope the minister. I don't have much
1:09:19 > 1:09:26respect for either government's actions on tax evasion, Labour or
1:09:26 > 1:09:29the Conservatives, and I think there's more that can be done.
1:09:29 > 1:09:33Members across the House would agree that is the case. Transparency
1:09:33 > 1:09:41international look into the issue of companies dodging tax and they found
1:09:41 > 1:09:44766 UK companies that were involved in corruption and money-laundering
1:09:44 > 1:09:48to the June of £80 billion, and a quarter of those companies that we
1:09:48 > 1:09:54investigated are still active. Those organisations once the government
1:09:54 > 1:09:59can take action against. UK Government is making a number of
1:09:59 > 1:10:03incredibly ill advised and not great decisions right now around things
1:10:03 > 1:10:07like closing HMRC officers, round their continued pursuit of
1:10:07 > 1:10:16austerity. The work that has been done by number of journalists is
1:10:16 > 1:10:18helping us, and I appreciate that the government has taken action on
1:10:18 > 1:10:25this, but it took a very long time for MPs like Roger Mullen... In
1:10:25 > 1:10:29order to convince the government to make any move on this. It is not
1:10:29 > 1:10:33just this UK Government, previous governments have successively failed
1:10:33 > 1:10:39to crack down on this, and the UK tax code is out of hand. It requires
1:10:39 > 1:10:44simplification and changes that they are making around that in
1:10:44 > 1:10:48conjunction with the office for taxing the vacation, have not gone
1:10:48 > 1:10:55far enough -- tax simplification. You cannot no longer carry the tax
1:10:55 > 1:11:00code around because it is so significant, and the potential for
1:11:00 > 1:11:03people to dodge things as a result of that very complex tax code is
1:11:03 > 1:11:10ridiculous. The member for Boodle spoke about the UK Government
1:11:10 > 1:11:15previously calling for the EU's sanctions around tax dodging to be
1:11:15 > 1:11:21watered down, and I think this was a grim action for them to take them
1:11:21 > 1:11:25especially in the wake of the Paradise Papers when this call came.
1:11:25 > 1:11:29The UK Government should be leading by example, they should be doing,
1:11:29 > 1:11:34not just saying, we have got the tax gap down to 6%, they should be
1:11:34 > 1:11:38saying, the tax code is still 6%, we have it huge amount of work to do in
1:11:38 > 1:11:44order to crack down on that final 6%, we have, the UK has the
1:11:44 > 1:11:47virginity to lead the world in this regard and I think they should do
1:11:47 > 1:11:55that -- UK has the opportunity.Does the lady thinks the introduction of
1:11:55 > 1:12:00further tax bands in Edinburgh is an additional convocation to the UK tax
1:12:00 > 1:12:06codes? --, location.You are confusing the issue of income tax
1:12:06 > 1:12:14with other types of tax. What has happened in Scotland in relation to
1:12:14 > 1:12:18the paper that has been produced, that consults on a number of
1:12:18 > 1:12:21options, and lays out the effects they have, that is way more
1:12:21 > 1:12:29transparent than any action that any UK Government takes in advance of
1:12:29 > 1:12:34any budget, where they bring rabbits out of hats. The Scottish Government
1:12:34 > 1:12:37has entered into dialogue with the other parties and other parties have
1:12:37 > 1:12:44got the opportunity to take that chance to criticise or praise. The
1:12:44 > 1:12:51honourable man but should do that. -- member. The Scottish Government
1:12:51 > 1:12:54have called for this to be devolved to Scotland because we think we
1:12:54 > 1:13:03would do a better job. The issue that was highlighted especially by
1:13:03 > 1:13:08the Paradise Papers, is the fact that everyone knows that tax evasion
1:13:08 > 1:13:12is illegal but tax avoidance as highlighted in these papers is
1:13:12 > 1:13:22immoral.I'm grateful for giving way. I'd like to share my concern.
1:13:22 > 1:13:30Bright house, company that exploits areas with extortion at APR rates,
1:13:30 > 1:13:36is that immoral?I agree, I'll say her constituents who are exploited
1:13:36 > 1:13:42by organisations like that -- I also have constituents. It is a company
1:13:42 > 1:13:47that no one should be investing in. It is not that difficult to pay the
1:13:47 > 1:13:50tax that you know, it is not that difficult to say to financial
1:13:50 > 1:13:56adviser, if you have bags of cash, I would like my money to grow, but I
1:13:56 > 1:14:02do not want it to grow by avoiding the tax I/O. It would be very easy
1:14:02 > 1:14:09for people to say that. It is clear that some people lack the moral
1:14:09 > 1:14:13compass and where they are taking the decisions to engage in
1:14:13 > 1:14:17aggressive tax avoidance of the government requires to legislate in
1:14:17 > 1:14:21order that they could no longer do that, to provide the moral compass,
1:14:21 > 1:14:26to make sure the tax is paid when it is owed. We must have the best
1:14:26 > 1:14:30possible tax rules in place and we must simplify the tax code and we
1:14:30 > 1:14:34must crack down on evasion and we must legislate to reduce avoidance,
1:14:34 > 1:14:40and the government is in a untenable position, it cannot continue to
1:14:40 > 1:14:49implement austerity while at the same time leaving a tax gap.Many of
1:14:49 > 1:14:55the tax avoidance, they don't avoid using our roads and the schools and
1:14:55 > 1:15:00they don't avoid using hospitals or using the police to look after their
1:15:00 > 1:15:08lumps of money.I absolutely agree. However much they are earning, and
1:15:08 > 1:15:12however much tax they are paying, people are using the public
1:15:12 > 1:15:18services. In our party we aspire to have brilliant public services and
1:15:18 > 1:15:22we aspire to have people working in public services that are paid a
1:15:22 > 1:15:26reasonable amount and don't have to face a pay cut. The only way we can
1:15:26 > 1:15:30provide the public services we want and provide the benefits system that
1:15:30 > 1:15:38we want, is to have a system where people pay the tax they owe. We
1:15:38 > 1:15:40continue to call for this to be devolved to Scotland because we
1:15:40 > 1:15:45think we would take better decisions in the absence of devolution we
1:15:45 > 1:15:48would like the UK Government to take actual action rather than just say,
1:15:48 > 1:15:55look how great we are.Thank you. There will be with immediate effect
1:15:55 > 1:16:01a six minute limit on backbench speeches. Mr David Morris.Thank you
1:16:01 > 1:16:13very much. I did not expect to be called so early. I'm a bit at a loss
1:16:13 > 1:16:16at what we are trying to achieve, is this about tax evasion or offshore
1:16:16 > 1:16:21companies? Offshore companies are legal entities, and many of them,
1:16:21 > 1:16:25especially across the Commonwealth and overseas territories have been
1:16:25 > 1:16:29set up with HMRC guidelines, and that has got to be clarified here
1:16:29 > 1:16:36and now, is this about tax avoidance or is this about overseas
1:16:36 > 1:16:43territories having tax advantages? What is it about? Yesterday when the
1:16:43 > 1:16:49SA 24 was being granted, I was absolutely of the mind that this was
1:16:49 > 1:16:54about overseas territories or even tax evasion under certain forms of
1:16:54 > 1:16:58tax bandages in certain forms of countries across the world -- tax
1:16:58 > 1:17:03advantages. The problem we have, the UK can do its bit, and this
1:17:03 > 1:17:08government has done, and the labour government for 13 years did very
1:17:08 > 1:17:14little, to be frank. But now it is the perception, the perception of
1:17:14 > 1:17:17who pays the taxes in this country, and I can give you a very basic
1:17:17 > 1:17:24economic argument. It is like a piggy bank. You earn your money, you
1:17:24 > 1:17:28put your money in an offshore piggybank, and then you pay tax on
1:17:28 > 1:17:32it at source and when you put the money back into this country, so
1:17:32 > 1:17:37there is no tax evasion there. I remember the Leader of the
1:17:37 > 1:17:43Opposition talking about the Isle of Man government, and the Isle of Man
1:17:43 > 1:17:48government I have a lot of time for them and many links with them, in my
1:17:48 > 1:17:53constituency, and the problem I have with this issue is that the Isle of
1:17:53 > 1:17:58Man government are the most highly regulated offshore tax haven, if you
1:17:58 > 1:18:04want to call it that, in the whole world. This is from the Isle of Man
1:18:04 > 1:18:08government, amongst other things customs and excise agreements remove
1:18:08 > 1:18:12the need for customs barriers between the Isle of Man, the UK and
1:18:12 > 1:18:17the EU, and even the EU is very loath to draft any legislation on
1:18:17 > 1:18:23this matter. It makes the island part of the European VAT territory,
1:18:23 > 1:18:29the agreement also makes the revenue sharing agreement, by which tax and
1:18:29 > 1:18:34VAT and most other indirect tax revenues are split between the UK
1:18:34 > 1:18:39and the Isle of Man. Since 2011 and this is on the subject of private
1:18:39 > 1:18:45jets, since 2011 the Isle of Man customs and excise has raised more
1:18:45 > 1:18:50than 30 assessments for under declared and over claimed VAT
1:18:50 > 1:18:57against businesses in the aircraft leasing sector. Approximately
1:18:57 > 1:19:04protecting £4.7 million VAT to this extractor. -- Exchequer. Are we
1:19:04 > 1:19:09arguing about reforming tax laws or are we arguing about reforming tax
1:19:09 > 1:19:12havens
1:19:12 > 1:19:15are we arguing about reforming tax havens? Most have been sorted out in
1:19:15 > 1:19:20overseas territories by this House, so I will keep it short, but I think
1:19:20 > 1:19:24this is a grand waste of time, this debate, and it is very confusing for
1:19:24 > 1:19:35the public out there.I am dismayed, what we are talking about is
1:19:35 > 1:19:38openness and transparency about tax, and the member for Sutton Coldfield
1:19:38 > 1:19:44set the tone for this debate along with the member for Barking, this is
1:19:44 > 1:19:50a cross-party issue, it is important, and I agree with every
1:19:50 > 1:19:53word the member for Sutton Coldfield said, this is something that harms
1:19:53 > 1:19:56countries around the world, developing countries, it hits
1:19:56 > 1:19:59taxpayers because the wealthiest and large corporations find ways to
1:19:59 > 1:20:04reduce their tax bills and avoid paying tax completely, and if you
1:20:04 > 1:20:11would let me make some progress please for the... I congratulate the
1:20:11 > 1:20:16member for barking to secure this debate. And the shining a light on
1:20:16 > 1:20:24what has come out of the Panama papers. The Public Accounts
1:20:24 > 1:20:27Committee have shone a light on this for some years and I pay tribute to
1:20:27 > 1:20:37the member for barking for her work. Some of the worst excesses of
1:20:37 > 1:20:40avoidance have come to light and we saw real change, international
1:20:40 > 1:20:44action, and it has to be international action, it actually
1:20:44 > 1:20:48saw change at a faster pace than we have seen under any government for
1:20:48 > 1:20:53many years in making more information about tax for
1:20:53 > 1:20:56corporations public, and we continue to pursue this, and with political
1:20:56 > 1:21:01will we can make progress. In the last year the Public Accounts
1:21:01 > 1:21:05Committee held in international tax transparency conference and we had
1:21:05 > 1:21:10in our own humble way, we thought we might get some countries from the
1:21:10 > 1:21:15EU, but we had countries from around the world. Over 20 of them signed up
1:21:15 > 1:21:18to our pledge on international tax transparency, pledging to fight for
1:21:18 > 1:21:22our citizens, through our parliaments, to press governments
1:21:22 > 1:21:29and to be bolder and faster as the member for Sutton Coldfield said. We
1:21:29 > 1:21:38are not moving at the right pace, and this release of papers and
1:21:38 > 1:21:42information is a real eye-opener for our constituents who just pay their
1:21:42 > 1:21:49tax and have no idea about this. Public country by country reporting
1:21:49 > 1:21:55the large corporations is something the government could do and the
1:21:55 > 1:21:59member for Don Valley, I know has been a champion of this issue and
1:21:59 > 1:22:02managed to work with the government to change the law on this, and the
1:22:02 > 1:22:06Paradise Papers show that these tax arrangements only come to light when
1:22:06 > 1:22:11the information is in the public domain. We need to see fast change
1:22:11 > 1:22:16on this, the establishment of offshore trusts which then buy homes
1:22:16 > 1:22:18and wine and cards for the beneficiary without tax being paid,
1:22:18 > 1:22:24or money being paid into offshore trusts which makes loans to
1:22:24 > 1:22:28individuals which can't be repaid, and they may be legal, although I
1:22:28 > 1:22:33doubt they are in some cases. With the Panama papers, they were
1:22:33 > 1:22:36released in April 2016, and according to HMRC, who appeared
1:22:36 > 1:22:44before our committee last week, there are 66 criminal or civil
1:22:44 > 1:22:46investigations underway, four people have been arrested and a further six
1:22:46 > 1:22:55have been interviewed under caution. The HMRC only expects an additional
1:22:55 > 1:23:00revenue of £6 million, and that is small fry, and it demonstrates the
1:23:00 > 1:23:03lengths that people will go to to hide their money, and the importance
1:23:03 > 1:23:11of making sure that HMRC have the resources necessary to pursue this.
1:23:12 > 1:23:18So what we need is public country by country reporting enacted, and that
1:23:18 > 1:23:21needs to be done internationally, but if international players will
1:23:21 > 1:23:26not lead the way, then let the UK Government take us forward on this,
1:23:26 > 1:23:31be bold, be brave, and make sure we are setting the tone and standard
1:23:31 > 1:23:36for the world. We have urged HMRC to consider a wealth tax for wealthy
1:23:36 > 1:23:39individuals as they have in Japan and Australia to make it easier to
1:23:39 > 1:23:44track down where people hold their wealth and pay their tax, and we
1:23:44 > 1:23:47need continued Parliamentary and public pressure so that this is
1:23:47 > 1:23:52voluntarily move towards more openness. Already this has been
1:23:52 > 1:23:57taken up by 30 companies and we hope to see it go further. I would like
1:23:57 > 1:24:01HMRC to have more prosecutions to set an example to those who seek to
1:24:01 > 1:24:05avoid tax and make sure people questioned these highly paid tax
1:24:05 > 1:24:08advisers that they recruit, and then they say, I didn't know what was
1:24:08 > 1:24:13going on, I paid someone else. People need to take responsibility
1:24:13 > 1:24:15for their actions, whether they are corporations all wealthy
1:24:15 > 1:24:23individuals. As I say, resources from HMRC to tackle this. There is a
1:24:23 > 1:24:31very high return rate for every pound of taxpayers' money, and it is
1:24:31 > 1:24:35important that the Exchequer sees the benefit of that and ramps up the
1:24:35 > 1:24:37money available. We have an arbitrary target of a hundred
1:24:37 > 1:24:40prosecutions which has been set which seems an odd figure to pluck
1:24:40 > 1:24:47out of the hat. We are pressing HMRC to explain why that figure has come
1:24:47 > 1:24:53out of the blue. We need to make sure that the right number
1:24:53 > 1:24:58prosecutions take place, not just a target. Tax is paid for the common
1:24:58 > 1:25:02good, and my committee works hard to make sure that that tax money is
1:25:02 > 1:25:05spent efficiently, effectively and economically by the Government, but
1:25:05 > 1:25:09we do need to speed up on the measures to crack down on this
1:25:09 > 1:25:13aggressive tax avoidance and an tax evasion, and we need to move to a
1:25:13 > 1:25:17world where the impact of not paying their fair share of taxes is
1:25:17 > 1:25:23recognised as something that is plainly wrong.It is a pleasure to
1:25:23 > 1:25:30follow the honourable lady, and I join in the thanks to the Member for
1:25:30 > 1:25:34barking for ensuring this important debate. I agree with her
1:25:34 > 1:25:39conclusions, but I come a slightly different way to get there. I would
1:25:39 > 1:25:44like to start by saying identity this fair to say that over the last
1:25:44 > 1:25:4715 years, HMRC and the previously the Government and the Conservative
1:25:47 > 1:25:50one have not tried to tackle aggressive avoidance. I think the
1:25:50 > 1:25:57amount of measures that have been introduced, ranging from disclosure
1:25:57 > 1:26:01rules of artificial schemes to the more recent ones, if you cant up how
1:26:01 > 1:26:05many targeted anti-avoidance rules have been added, we have been trying
1:26:05 > 1:26:09everything we can to tackle the most outrageous behaviour, and many of
1:26:09 > 1:26:13the schemes that used to be possible in the widespread 15 years ago at
1:26:13 > 1:26:19you now just can't do at all.I thank the honourable member
1:26:19 > 1:26:23forgiving way. Would he agree with me that there is a cultural issue on
1:26:23 > 1:26:26the whole machinery which enables and facilitates these sorts of
1:26:26 > 1:26:30arrangements which the 99% of us have nothing to do, but we do have
1:26:30 > 1:26:35to be aggressive in tackling that 1%.Exactly, the point I was trying
1:26:35 > 1:26:40to make is that the I don't think the size of the tax gap is down to a
1:26:40 > 1:26:45lack of effort, the problem is that the invaders are one step ahead and
1:26:45 > 1:26:50move to different things, and that's why I think these Panama Papers show
1:26:50 > 1:26:55is that people are going offshore, using artificial ways to be offshore
1:26:55 > 1:26:58rather than using artificial domestic planning to get around the
1:26:58 > 1:27:09rules, and that is why...Isn't the problem the tactics of applying
1:27:09 > 1:27:18these complicated rules and regulations and the expensive way
1:27:18 > 1:27:22that accountants can devise a wearer. Shouldn't we be looking at a
1:27:22 > 1:27:29general principle?I agree with that, the Government did introduce
1:27:29 > 1:27:35the General Anti-Abuse Rule. I think there is scope for extending that,
1:27:35 > 1:27:40and also for trying to improve behaviour. That is why it is right
1:27:40 > 1:27:44that we should now expect large businesses to publish their tax
1:27:44 > 1:27:47revenue, and we can now say, we don't condone with this, we don't
1:27:47 > 1:27:57engage in it, and that is the way we change the behaviour and culture. We
1:27:57 > 1:28:00have seen some advisers changing their code of conduct saying that
1:28:00 > 1:28:03artificially aggressive policies won't be used, but there is clearly
1:28:03 > 1:28:07a long way to go. But before I talk about the various measures we could
1:28:07 > 1:28:13take, let's be clear that we can't disclose the whole of the tax gap by
1:28:13 > 1:28:20tackling aggressive avoidance by the rix and the large multinationals. We
1:28:20 > 1:28:24should get that down as low as we can, but it is a simple fact that
1:28:24 > 1:28:29the largest group or are not paying tax are small and medium-size
1:28:29 > 1:28:36businesses. Of the tax gap of £38 billion, 15 billion is small and
1:28:36 > 1:28:42medium-sized businesses. It is not aggressive avoidance that causes the
1:28:42 > 1:28:47biggest tax gap, it is not taking reasonable care. So I don't think
1:28:47 > 1:28:51Wigan look at the whole tax gap and say that that is being lost to us by
1:28:51 > 1:28:57awful behaviour by large corporate. There is much more to do sadly on
1:28:57 > 1:29:01individuals in the UK who are working and not declaring VAT or
1:29:01 > 1:29:05working in the hidden economy, so it is not fair to say this isn't about
1:29:05 > 1:29:08ordinary people, sadly quite a lot of it is about people who should not
1:29:08 > 1:29:12be doing that and we need to find ways to tackle those as well. But
1:29:12 > 1:29:17what we have exposed again by these papers is that there is a crisis of
1:29:17 > 1:29:21confidence that our tax and financial system is fair and as
1:29:21 > 1:29:25clean as we can get it to be. There are some further measures the
1:29:25 > 1:29:30Government can take to improve the reputation of our economy and
1:29:30 > 1:29:33financial system and to increase the confidence that our constituents
1:29:33 > 1:29:41have in our tax regime. The good news is most of these issues are
1:29:41 > 1:29:48government policy already, so I agree, let's get the country back
1:29:48 > 1:29:59into the public domain, and compare companies' turnover. It is not
1:29:59 > 1:30:04greatly enhanced disclosure. If you look at large plcs' accounts, they
1:30:04 > 1:30:09are required to disclose segmental information, tax reconciliation down
1:30:09 > 1:30:15to what tax they are being paid. For that information to be done in a
1:30:15 > 1:30:18meaningful, useful way, it needs to be understandable so that we can
1:30:18 > 1:30:22work out how they are not paying the tax they ought to be paying. Let's
1:30:22 > 1:30:25have a date when we will start requiring that information to be in
1:30:25 > 1:30:30the public domain. It doesn't have to be tomorrow, let's have a date in
1:30:30 > 1:30:372019 something so that we can actually see it. And on linked
1:30:37 > 1:30:40measures, the other issue of transparency we do need in the UK is
1:30:40 > 1:30:44that we can nowhere very rich people, large companies, are buying
1:30:44 > 1:30:49very expensive property in the UK. We need to know who they are and how
1:30:49 > 1:30:52they have raised the money to buy the property, it can't be right that
1:30:52 > 1:30:57somebody can buy property here for 50 million, not live in it, and we
1:30:57 > 1:31:00have no idea where they got the money to do that. So let's go ahead
1:31:00 > 1:31:05with having a transparent register of overseas owners of expensive
1:31:05 > 1:31:15property in the UK, and that will show that people can't put their
1:31:15 > 1:31:21money here and set property is a safe asset. The shocking miss of the
1:31:21 > 1:31:29papers last week was that something like Apple, when being chased by the
1:31:29 > 1:31:33EU through Ireland, chose to try to move their affairs to Jersey to try
1:31:33 > 1:31:40to avoid the tax we all think they owe, and this shows again why we
1:31:40 > 1:31:43need transparency in our territories, who was operating there
1:31:43 > 1:31:50and where the money they have their actually came from. Those
1:31:50 > 1:31:52territories have a right to exist and choose their own tax rates, they
1:31:52 > 1:31:56have a right to be competitive, but what they don't have a right to do
1:31:56 > 1:31:59is hide money that he's been stolen from elsewhere in the world, and
1:31:59 > 1:32:03they don't have a right to move profits that are not being earned
1:32:03 > 1:32:06there and give them a beneficial rate. If we get the transparency
1:32:06 > 1:32:10there to show who is operating there, who really owns them and
1:32:10 > 1:32:14where the money came from, then they can show how clean they claim to be,
1:32:14 > 1:32:20or whether that is true, and that way they can compete on reputation.
1:32:20 > 1:32:26They don't need to compete on being closed and dirty. They are after
1:32:26 > 1:32:30real business. If they go ahead with that transparency, they will get a
1:32:30 > 1:32:34competitive advantage, and we can't as a country which has so many of
1:32:34 > 1:32:39those territories say that we will follow the herd. We are heard, let's
1:32:39 > 1:32:44set an example.Thank you, Mr Speaker, and it is a pleasure to
1:32:44 > 1:32:48follow the honourable gentleman from Amber Valley and congratulate him on
1:32:48 > 1:32:52securing a Westminster Hall debate on the subject of country by country
1:32:52 > 1:32:56reporting, and I hope members on all sides of the House will support that
1:32:56 > 1:33:00debate. It is just over a year ago, in September 2016, that cross-party
1:33:00 > 1:33:07support successfully secured the only non-government amendment to the
1:33:07 > 1:33:12Finance Bill. And it gave the power, as the honourable member for Amber
1:33:12 > 1:33:15Valley are applied, to require multinationals to publish tax
1:33:15 > 1:33:18information in all countries where they operate, known as public
1:33:18 > 1:33:22country by country reporting. And this is an important part, an
1:33:22 > 1:33:26important measure, not the only measure, about how we tackle some of
1:33:26 > 1:33:33the scandals that have emerged through the Panama Papers, and more
1:33:33 > 1:33:38recently, the Paradise papers, because openness on this issue will
1:33:38 > 1:33:47help us all. It is interesting that in the interactive centre and the
1:33:47 > 1:33:50finance sector a form of public country-by-country reporting is
1:33:50 > 1:33:55already in place, and there is certainly to my mind and increasing
1:33:55 > 1:33:58movement by investors who want to see more of this, and why do
1:33:58 > 1:34:01investors want to see more of this? Because they are getting more and
1:34:01 > 1:34:06more worried by these public disclosures about the reputational
1:34:06 > 1:34:12damage to them of putting money into good enterprises which at the end of
1:34:12 > 1:34:18the day compromise their investment and their sense of the contribution
1:34:18 > 1:34:24they want to make towards creating wealth, we all want to create wealth
1:34:24 > 1:34:26because that gives us the opportunity to provide towards
1:34:26 > 1:34:36public services. But it is clear from the Panama Papers and now the
1:34:36 > 1:34:40Paradise papers, companies are under pressure to try to cut their tax
1:34:40 > 1:34:48bills, despite the large profits they make, and that is why
1:34:48 > 1:34:51governments have a duty to make sure that as much as possible
1:34:51 > 1:34:56transparency is provided for. We know, and let's be honest, we have
1:34:56 > 1:35:02always known, that big companies and very wealthy individuals can easily
1:35:02 > 1:35:06move their revenues around the world out of reach of governments can find
1:35:06 > 1:35:10whatever loophole they cant to just become richer. Corporate tax
1:35:10 > 1:35:14avoidance is not only unfair, it damages economies and societies, and
1:35:14 > 1:35:18at home and overseas, it means less money for stretched public services.
1:35:18 > 1:35:22A colleague earlier said that there is an estimate that developing
1:35:22 > 1:35:28companies lose at least $100 billion every year. That would be enough to
1:35:28 > 1:35:31educate 12 million children currently missing schooling and
1:35:31 > 1:35:35health care that could save the lives of 6 million children. Paying
1:35:35 > 1:35:41tax responsibly isn't an issue of right and wrong. If those with
1:35:41 > 1:35:44accountants and lawyers seek to avoid this, preferring a world of
1:35:44 > 1:35:49hidden havens and shell companies, trust breaks down and in the end we
1:35:49 > 1:35:55all lose out. Last year the former Treasury Minister, now the Secretary
1:35:55 > 1:35:58of State for the Department of Work and Pensions said that while the
1:35:58 > 1:36:02Government was keen for there to be a multilateral deal when it came to
1:36:02 > 1:36:06public country-by-country reporting, if we have not made progress in a
1:36:06 > 1:36:10year, we would have to revisit this issue. Those were his words. In
1:36:10 > 1:36:14fact, in answer to a question to the promised on this very subject, she
1:36:14 > 1:36:20admitted little progress had been made. A year on, the EU proposal,
1:36:20 > 1:36:23which is flawed, has stalled, and the time I think has now come for
1:36:23 > 1:36:27the Government to have the courage of its convictions to introduce
1:36:27 > 1:36:32public reporting requirements and then seek to build a coalition of
1:36:32 > 1:36:38the willing. Transparency is the one sure way to rebuild trust. I hope
1:36:38 > 1:36:41the Minister will consider this. I hope he will meet with a cross-party
1:36:41 > 1:36:46delegation to discuss this further. I look forward to the honourable
1:36:46 > 1:36:48gentleman's debating Westminster Hall next week. But be assured, when
1:36:48 > 1:36:52it comes to the next Finance Bill, cross-party support in this House
1:36:52 > 1:36:56will be seeking to amend that Bill to set a deadline for when the power
1:36:56 > 1:36:59to bring in public country-by-country reporting will
1:36:59 > 1:37:08become a reality.I will speak briefly, but I wanted to go slightly
1:37:08 > 1:37:14early in the debate when I had the pleasure to intervene on the shadow
1:37:14 > 1:37:21spokesman, and he allowed me a second intervention, I think it is
1:37:21 > 1:37:29called a BOGOF, Mr Speaker.There is no obligation on the honourable
1:37:29 > 1:37:33gentleman to speak, he can if he wants to but I'm sure we would
1:37:33 > 1:37:35manage. LAUGHTER
1:37:35 > 1:37:40The problem I was tried to get out was the substance in the difference
1:37:40 > 1:37:46in the tax gap. The tax gap is now 6%, it was 8% under Labour, and the
1:37:46 > 1:37:50difference is £11.8 billion, and I think that is incredibly important,
1:37:50 > 1:37:54because when you have something like the Paradise papers, and the
1:37:54 > 1:37:56newspapers dominated by all the coverage, it is the impression that
1:37:56 > 1:38:00that gives to the public out there, that is one where multinational
1:38:00 > 1:38:05companies are running the rule over us, getting away without paying
1:38:05 > 1:38:09their fair share of tax, and in fact we are failing to deal with that,
1:38:09 > 1:38:13whereas in fact all the statistics show significant improvement under
1:38:13 > 1:38:17this government in closing the tax gap, bringing forward measures to
1:38:17 > 1:38:21deal with avoidance and evasion that should be added. On one of the
1:38:21 > 1:38:24aborted areas was mentioned by my honourable member for Amber Valley,
1:38:24 > 1:38:33and that is property. My experience of the great grievances felt by
1:38:33 > 1:38:36first-time buyers is about the sheer quantity of money that has come
1:38:36 > 1:38:40particularly into the London property market, driving up prices
1:38:40 > 1:38:45and making property less accessible to local people who want to get onto
1:38:45 > 1:38:49the ladder.
1:38:49 > 1:38:54Two important measures to deal with that, but until April 2015, if you
1:38:54 > 1:38:58were a foreign national, you did not pay capital gains tax when you sold
1:38:58 > 1:39:03a property in the UK, but they closed that loophole in April 2015,
1:39:03 > 1:39:09and in 2016 we changed... I'm happy to give way.Isn't one of the
1:39:09 > 1:39:15greatest problems regarding the housing crisis, inequality in the
1:39:15 > 1:39:27UK, the hundred richest individuals have this own wealth as 19 million.
1:39:27 > 1:39:30Well, without going global on the answer, I'm talking about the
1:39:30 > 1:39:36position in the UK property market, it is true that a sense of
1:39:36 > 1:39:39unfairness pertains because prices have risen sharply and beyond the
1:39:39 > 1:39:46means of those on modest incomes and also relatively high incomes, young
1:39:46 > 1:39:51professionals can be on £100,000 and still cannot get on the ladder. That
1:39:51 > 1:39:56isn't just about London, my constituency in Suffolk, the
1:39:56 > 1:40:00counties around London, the ripple of high prices in expensive areas
1:40:00 > 1:40:07comes many miles out, many people move to buy constituency because of
1:40:07 > 1:40:12the sheer cost in London. -- my constituency.He is talking about
1:40:12 > 1:40:15property prices and he mentioned the government's decision to close the
1:40:15 > 1:40:19loophole whereby it foreign owners of residential properties were
1:40:19 > 1:40:27avoiding capital gains tax. Does he regret not joining with us to close
1:40:27 > 1:40:28the loophole where commercial properties were not treated so
1:40:28 > 1:40:34because that is having the same impact on the cupboard -- property
1:40:34 > 1:40:40market?The commercial side has been weaker, since the Brexit vote, it
1:40:40 > 1:40:45must be said. The main issue in terms of fairness from taxpayers
1:40:45 > 1:40:50perspective is residential property and by making property in relation
1:40:50 > 1:40:54to change it is not just about tax avoidance, some have been the
1:40:54 > 1:41:02highest stand duty we now levy. -- stamp duty. This has had an impact
1:41:02 > 1:41:09to support first-time buyers.Does he agree with the Institute for
1:41:09 > 1:41:15Fiscal Studies that it is likely to raise £0?I wasn't aware of that.
1:41:15 > 1:41:22The broad point and my friend made this point, we should be looking to
1:41:22 > 1:41:27have cross-party agreement because we could agree on the simple point
1:41:27 > 1:41:30that taxpayers want to see a system where all companies especially the
1:41:30 > 1:41:35biggest are paying their fair share of tax, and what simply concerns me
1:41:35 > 1:41:42about stories like the Paradise Papers, there is hyperbole
1:41:42 > 1:41:45associated with it, and it gives the impression that the system is not
1:41:45 > 1:41:50bringing in as much tax as it should when that is not the case. Quite
1:41:50 > 1:41:53simply I would like to see a system where we reward success, we should
1:41:53 > 1:41:59never discourage enterprise but we need businesses to generate the
1:41:59 > 1:42:01wealth to fund public services, but I think this government is getting
1:42:01 > 1:42:08the balance right. We should not get the impression from this debate that
1:42:08 > 1:42:13the government is failing to get a grip on this issue.Vince Cable.Can
1:42:13 > 1:42:19I add my congratulations to the member for introducing this debate
1:42:19 > 1:42:24and I agree with much of what she has said. It is useful to go over
1:42:24 > 1:42:28the chronology with which tax avoidance measures have evolved, and
1:42:28 > 1:42:34if we go back to 2010, the main source of industrial scale tax
1:42:34 > 1:42:37avoidance wasn't in the British Virgin Islands or became an island,
1:42:37 > 1:42:42it was a few miles down the road in the City of London -- or the Cayman
1:42:42 > 1:42:49Islands. At the big banks, tax avoidance was taking place, there
1:42:49 > 1:42:52was a man called Jenkins who was paid £40 million in one year at
1:42:52 > 1:42:56Barclays for his contribution to avoiding tax that should have gone
1:42:56 > 1:43:00to the Treasury. The agreement that the government then had with the
1:43:00 > 1:43:05banks was so loose that they perpetuated it indefinitely until
1:43:05 > 1:43:10there was a change of government and we pressed the charts are very hard
1:43:10 > 1:43:17and this was made illegal -- pressed the Chancellor. As far as unaware
1:43:17 > 1:43:19that activity has largely stopped, the next big step was the
1:43:19 > 1:43:26introduction of the general avoidance principle, important in
1:43:26 > 1:43:31clarifying this murky area, edit is now clear that if individuals and
1:43:31 > 1:43:36their advisers engage in activity which is specifically designed to
1:43:36 > 1:43:40circumvent the intentions of Parliament, they can be pursued and
1:43:40 > 1:43:45many have constituents at the moment who are being construed by HMRC
1:43:45 > 1:43:50quite rightly and indeed in substantial arrears. I would have
1:43:50 > 1:43:55won the good things that comes out of the Paradise Papers is that HMRC
1:43:55 > 1:43:58have a substantial list of names which they can now investigate as to
1:43:58 > 1:44:05whether they have subscribed to the law as it is now redefined, and as I
1:44:05 > 1:44:09understand it after the Panama Papers they pursued 65 individuals
1:44:09 > 1:44:18for £100 million a year, that is a positive step. The third step in the
1:44:18 > 1:44:23evolution was the introduction of the open register of beneficial
1:44:23 > 1:44:25ownership, various people have referred to it, and I know a little
1:44:25 > 1:44:28bit about it since I was the Secretary of State who brought it
1:44:28 > 1:44:34here and took it through Parliament together with the abolition of
1:44:34 > 1:44:39bearer bonds, and it is fair to say David Cameron was very supportive of
1:44:39 > 1:44:44that at the time, but he was less impressive when it came to standing
1:44:44 > 1:44:46up to lobbying from the Crown dependencies and the overseas
1:44:46 > 1:44:55territories.I'm grateful for you giving way for the widget not agree
1:44:55 > 1:44:59with me that it seems that after the flourish of the anti-corruption
1:44:59 > 1:45:05Summit in May 2016, how long ago it feels, much was promised and none of
1:45:05 > 1:45:08this seems to have been delivered, and the anti-corruption champion
1:45:08 > 1:45:13Eric Pickles sedan and it seems the government has forgotten that the
1:45:13 > 1:45:20post exists at all -- stood down. The strategy we were promised for
1:45:20 > 1:45:262016, we are now being told 2018.I was in a political Axar that time
1:45:26 > 1:45:31and I can't testify one way or the other, but we did introduce strong
1:45:31 > 1:45:35anti-corruption measures when I was in government -- political exiles.
1:45:35 > 1:45:40The argument that the overseas territories and Crown dependencies
1:45:40 > 1:45:45advanced was that they had to keep this secret because of probity
1:45:45 > 1:45:49concerns but precisely those privacy concerns applied to the UK, and
1:45:49 > 1:45:53where there was a genuine concern about privacy, as for example people
1:45:53 > 1:45:58who would be worried about being pursued, say, animal rights
1:45:58 > 1:46:01terrorists were involved, their privacy was protected, it was a very
1:46:01 > 1:46:07transparent and weak defence. Many of the overseas territories do is
1:46:07 > 1:46:09perfectly reasonable, there is a reason why people should be paying
1:46:09 > 1:46:16double taxation -- there is no reason. But serious anti-avoidance
1:46:16 > 1:46:20activities should be pursued and I hope the government will be more
1:46:20 > 1:46:23aggressive in pursuing this issue of the open register, and the way they
1:46:23 > 1:46:28can do that is to give a deadline to the overseas territories for the
1:46:28 > 1:46:32introduction of an open register, if they do not comply, there a series
1:46:32 > 1:46:40of sanctions that could be introduced, initially stopping cars
1:46:40 > 1:46:49-- stopping companies from bidding for public contracts. And if they
1:46:49 > 1:46:55avoid taxation in the way that seriously damages the UK, that's the
1:46:55 > 1:46:58kind of measure that should be introduced. Much of the discussion
1:46:58 > 1:47:06we have had, and I know the member said this in her interaction, it is
1:47:06 > 1:47:08not about individuals, this is about companies, because the scale of
1:47:08 > 1:47:14avoidance is on a much greater level and we are all familiar with the way
1:47:14 > 1:47:20in which some of the big internet platforms avoid... I have got
1:47:20 > 1:47:30limited time for them ... Avoid large sums of taxation by the way
1:47:30 > 1:47:35they can for intellectual property liabilities, and the government
1:47:35 > 1:47:42response has been very weak. It is significant, in the light of the
1:47:42 > 1:47:45Brexit debate, the one institution that is going after those companies
1:47:45 > 1:47:51is the European Commission. Their actions in the competition
1:47:51 > 1:47:58commission, is both highly competent and Heidi -- highly effective, we
1:47:58 > 1:48:04worry that all of that energy will disappear if we have Brexit. I have
1:48:04 > 1:48:07a question about what the government could do to deal with corporate tax
1:48:07 > 1:48:11avoidance, a simple regulation that requires large companies registered
1:48:11 > 1:48:18here to declare first of all their total UK revenues and then their
1:48:18 > 1:48:22total UK expenses, it will then be immediately apparent whether there
1:48:22 > 1:48:30is a tax liability that is not being met. And a simple levy in tax
1:48:30 > 1:48:35payment will bring some of those companies to book and in a
1:48:35 > 1:48:41reasonable way. And I think the bees and why there is so much indignation
1:48:41 > 1:48:46about this question -- the reason why. It is not just because taxes
1:48:46 > 1:48:51being avoided, but because many of my constituents and all of our
1:48:51 > 1:48:53constituents are being aggressively pursued for tax avoidance at a much
1:48:53 > 1:49:00petty level, and there's a big crackdown taking place what are
1:49:00 > 1:49:04called IR 35 companies are contractors for the health service,
1:49:04 > 1:49:07often software specialist, and there is a certain amount of tax avoidance
1:49:07 > 1:49:12of national insurance, but they are being pursued in a highly aggressive
1:49:12 > 1:49:17way that the government does not use in pursuing much bigger fish. We are
1:49:17 > 1:49:22being told that in the budget the VAT tax threshold could be
1:49:22 > 1:49:27considerably lower it in order to stop tax avoidance, but effectively
1:49:27 > 1:49:31drawing very large numbers of small companies into the tax net and it is
1:49:31 > 1:49:35the pettiness of these measures contrasted with large scale
1:49:35 > 1:49:42avoidance which attracts so much anger amongst the public.I'm afraid
1:49:42 > 1:49:48there's a three-minute limit with immediate effect. Craig McKinley.
1:49:48 > 1:49:52This has an international dimension to it, we have done more than any
1:49:52 > 1:49:58government before on this. Creating CGT for foreign ownership sales and
1:49:58 > 1:50:04ending non-Dom status, and we have opened up share beneficial ownership
1:50:04 > 1:50:10information through the profit shifting initiative, and we have
1:50:10 > 1:50:13introduced the diverted profits tax which when there is an insufficient
1:50:13 > 1:50:19economic substance to a transaction especially in intellectual property
1:50:19 > 1:50:24that is held abroad, and undue payments are paid to those foreign
1:50:24 > 1:50:27jurisdictions, that can be stopped and taxed accordingly, we have
1:50:27 > 1:50:31stopped the shifting of debt interest to the UK to stop
1:50:31 > 1:50:37artificial deductions in the UK. There's one tax I'm rather proud of,
1:50:37 > 1:50:43for the lower paid in this country. -- tax haven. We have created a low
1:50:43 > 1:50:46tax environment for those who are lower paid and when we look at what
1:50:46 > 1:50:50Labour did between 1997 and 2010, rather paltry increase in the
1:50:50 > 1:50:59personal allowance from just 4045 two 6475 over 13 years, we have now
1:50:59 > 1:51:04increased that in our seven years in government to £11,500 and that's a
1:51:04 > 1:51:09serious tax cut for every low paid person. We are doing something very
1:51:09 > 1:51:14similar with companies as well, and that is the key to this, I would
1:51:14 > 1:51:17like to encourage more companies back to the UK so they can pay their
1:51:17 > 1:51:24fair share of tax, and that is being shown to be done with £35 billion,
1:51:24 > 1:51:29the corporation tax taken in 2010, now up to £53 billion, and the
1:51:29 > 1:51:35wealthy in the UK are playing the top 1%, 28% of all income tax higher
1:51:35 > 1:51:41than at any other time. But we mustn't lose a lack of understanding
1:51:41 > 1:51:47of what foreign jurisdictions and so-called tax havens are there for,
1:51:47 > 1:51:52they are essential in the mix of international trade. It is not
1:51:52 > 1:51:56uncommon for a French investing company to choose the Cayman Islands
1:51:56 > 1:52:00or British Virgin Islands to be the place of contract for a deal to
1:52:00 > 1:52:04invest in say the Democratic Republic of Congo, and although I
1:52:04 > 1:52:09have great respect for the legal system of the Democratic Republic of
1:52:09 > 1:52:14Congo, the legal system and common law of the UK is what creates legal
1:52:14 > 1:52:19certainty, and it is not all about saving tax, avoiding tax, it is try
1:52:19 > 1:52:27to transaction -- transact in the right place, so let's continue the
1:52:27 > 1:52:30promotion of data-sharing with Al international partners, let's make
1:52:30 > 1:52:37sure that global profits are taxed in the right places, and let us use
1:52:37 > 1:52:43our influence on overseas territories and I say we are doing
1:52:43 > 1:52:46this more than the previous party of government for 13 years.Stella
1:52:46 > 1:52:48Crecy.
1:52:48 > 1:52:56Thank you, Mr Speaker. I congratulate the member of Barking
1:52:56 > 1:53:00for bringing this important debate and all the journalists involved in
1:53:00 > 1:53:04this investigation. I hope in my short contribution I might elicit
1:53:04 > 1:53:06from the Minister a modicum of regret for some of his recent
1:53:06 > 1:53:10actions because what we need to talk about today's tax avoidance, and I
1:53:10 > 1:53:14want to take on the Challenge put forward by the Member for Morkel.
1:53:14 > 1:53:19What precisely is the issue with these offshore companies, and more
1:53:19 > 1:53:23specifically why would anybody hold UK property at UK entities overseas?
1:53:23 > 1:53:33Because when you
1:53:35 > 1:53:38look at that, I believe these papers produced two very clear issues for
1:53:38 > 1:53:40us, first and foremost the case for transparency, and PFI companies and
1:53:40 > 1:53:42why that is a problem, and second the case for addressing the
1:53:42 > 1:53:45loopholes that this has brought forward for us. I have only got two
1:53:45 > 1:53:48minutes left. There are nine offshore infrastructure companies
1:53:48 > 1:53:56who own between 50 and 100% of the equity in 335 equity and PFI
1:53:56 > 1:53:59project, 12 companies have occurred in 74% of all the current project.
1:53:59 > 1:54:05We do not know at this point in time what tax is being held overseas as a
1:54:05 > 1:54:09result of it, tax that was part of the PFI value for money assessment.
1:54:09 > 1:54:14These papers reveal quite how that happens. Secondly, an avoidance and
1:54:14 > 1:54:19capital gains tax, these papers reveal that Blackstone which avoided
1:54:19 > 1:54:25stamp duty and capital gains tax to a value of around £66 billion. These
1:54:25 > 1:54:29are all choices, because at the end of the day we know that the lawyers
1:54:29 > 1:54:32involved like water moving towards the sea, they will follow the
1:54:32 > 1:54:39easiest route. The problem here is politicians, not lawyers.Does my
1:54:39 > 1:54:43honourable friend support country-by-country reporting?
1:54:43 > 1:54:46Absolutely, and I concur with all those who brought that. But I also
1:54:46 > 1:54:57believe we can take action in this House, a new cause -- specifically,
1:54:57 > 1:55:01a new clause for the Finance Bill. I will take no lectures about how
1:55:01 > 1:55:04wonderfully this government is doing an tax avoidance when just two weeks
1:55:04 > 1:55:08ago they voted down a measure that would have brought in £6 billion a
1:55:08 > 1:55:15year to Alex Cejka and given British business is a level playing field.
1:55:15 > 1:55:24-- to the Exchequer. We are not getting this tax money because these
1:55:24 > 1:55:26companies are registered overseas. And neither will I take lectures
1:55:26 > 1:55:30from the Minister about loans given that he passed in this Finance Bill
1:55:30 > 1:55:34a measure to reduce the share relief that PFI companies can claim on
1:55:34 > 1:55:38their loans, so the very companies that own millions of pounds worth of
1:55:38 > 1:55:42our public sector that are able to trade off the interest that they pay
1:55:42 > 1:55:45on those loans in overseas companies, he has just passed an
1:55:45 > 1:55:51amendment to make sure they don't have to pay any tax on that. And
1:55:51 > 1:55:53they can hold these companies overseas so that we don't even see
1:55:53 > 1:55:58what happens. So I want to propose some simple ways. We need a public
1:55:58 > 1:56:04register. But we also need a moratorium on all public investment
1:56:04 > 1:56:07in these companies until we know precisely what tax we are missing,
1:56:07 > 1:56:11until we can be confident that these offshore companies are not milking
1:56:11 > 1:56:16the British taxpayer twice in not paying their taxes and getting us to
1:56:16 > 1:56:20pay for them through PFI investment. We must also close the loophole of
1:56:20 > 1:56:24capital gains tax on commercial properties as a matter of urgency.
1:56:24 > 1:56:27Everybody who is facing cuts in their public services cannot allow
1:56:27 > 1:56:31that to continue for a second longer. And we need to rethink their
1:56:31 > 1:56:34decision to give the PFI companies tax relief that this Government has
1:56:34 > 1:56:38just given them. I hope the Minister regret his actions, because frankly
1:56:38 > 1:56:49this is not about the Paradise Papers, it is about parasites
1:56:49 > 1:56:52bleeding the system.I am grateful to you for allowing this debate and
1:56:52 > 1:56:56to all members who have participated, particularly those who
1:56:56 > 1:57:00looked beyond the narrow political party interest and more at the
1:57:00 > 1:57:04public interest. We can't allow the serious issues raised by the
1:57:04 > 1:57:09Paradise Papers today to simply become the fish and chips wrappers
1:57:09 > 1:57:14for people tomorrow. It is our responsibility as lawmakers to do
1:57:14 > 1:57:17all that we can in the UK and with our international partners to stamp
1:57:17 > 1:57:23out an injustice that is both unfair and offensive. The Government can
1:57:23 > 1:57:30take action that will make a difference, and it needs strong
1:57:30 > 1:57:34political will to make that happen. I urge the Government in the budget
1:57:34 > 1:57:41next week to act. THE SPEAKER:The question is as on
1:57:41 > 1:57:48the order paper, as many as agreeing say aye, to the contrary, no. The
1:57:48 > 1:57:54ayes have it, the ayes have it.Have you heard, Mr Speaker, from the
1:57:54 > 1:58:01Foreign Office on an intention to speak in this House on the ongoing
1:58:01 > 1:58:06coup in Zimbabwe?The short answer is that I have received no
1:58:06 > 1:58:09indication from any Minister from the Foreign Office or any other
1:58:09 > 1:58:12department of an intention to make a statement on that matter, however
1:58:12 > 1:58:17what the honourable gentleman has said will have been of great
1:58:17 > 1:58:22interest to members in all parts of the House, and importantly, his
1:58:22 > 1:58:26remarks will have been heard on the Treasury bench. Knowing the
1:58:26 > 1:58:30honourable gentleman as I do, his interest in this subject and his
1:58:30 > 1:58:33experience, I've got a feeling we are going to hear more about this
1:58:33 > 1:58:39matter before very long. Meanwhile, he has put his point very firmly on
1:58:39 > 1:58:46the record. If there are no further points of order, we proceed to the
1:58:46 > 1:58:49main business, the clerk will now proceed to read the orders of the
1:58:49 > 1:58:58day.European Union withdrawal bill committee.Order.
1:59:22 > 1:59:31Order.European Union withdrawal Bill. May I first of all draw the
1:59:31 > 1:59:36attention of the House to a mistake on page one of the notice paper. The
1:59:36 > 1:59:42name of John Grogan should not have appeared as a supporter of new
1:59:42 > 1:59:48clause 40 nine. We will begin with new clause 49, with which it will be
1:59:48 > 1:59:56convenient to take amendment 79, and clause 1 together with other
1:59:56 > 1:59:59amendments which will come on later date in committee as listed on the
1:59:59 > 2:00:07selection paper. I now call Mr Frank Field.I rise to move the amendments
2:00:07 > 2:00:14in my name and all those other names that still remain on the order paper
2:00:14 > 2:00:18from what we have actually just heard, and although of course I'm
2:00:18 > 2:00:27limited to moving clause 49, this clause 49 is linked to clause 50 and
2:00:27 > 2:00:3151 and 52, and the reasons for that I might develop in a moment if I
2:00:31 > 2:00:35may. But I wish to begin by declaring my sentiments in moving
2:00:35 > 2:00:43this clause and the clauses which are publicly attached to it. The
2:00:43 > 2:00:51first is that I am a reluctant Brexiteer. I am too old to feel that
2:00:51 > 2:00:56I was born to bring us out of Europe, but I've not had one of this
2:00:56 > 2:00:59evangelical revivals that somehow life began again once we entered
2:00:59 > 2:01:05into the Common Market, and my aim and purpose and being and everything
2:01:05 > 2:01:11I breathe was to get us sight of that organisation. That is not so.
2:01:11 > 2:01:16In my own constituency and the small amount of work I did nationally, I
2:01:16 > 2:01:21stressed it was on a balance that we actually had to make a decision
2:01:21 > 2:01:25about Europe, and that we didn't need more facts about Europe, we
2:01:25 > 2:01:32needed to draw on our very nature is, all that we had been taught, in
2:01:32 > 2:01:37our culture, in our very being, and where we feel we stand in this
2:01:37 > 2:01:42country to make that decision on whether we wish to leave or not. And
2:01:42 > 2:01:52I
2:01:52 > 2:01:58alsoin this amendment, we are debating an exit date of March 2019,
2:01:58 > 2:02:01and yet grouped with it there are Government amendments to be debated
2:02:01 > 2:02:08at a later date which put the exit date at 11pm on March 29 2019. There
2:02:08 > 2:02:13is a difference of one hour, as does far as I'm aware, the clocks only go
2:02:13 > 2:02:18forward on Sunday the 31st of March. So could you give some guidance to
2:02:18 > 2:02:22the movers of these amendments so that the arch Brexiteers on both
2:02:22 > 2:02:27sides get their clocks and house in order?Lets not worry about time too
2:02:27 > 2:02:32much, because we are using it up at the moment, but it is a matter for
2:02:32 > 2:02:36the debate to decide, not for me to decide, and when we get there, we
2:02:36 > 2:02:41will know better, so let's not take more time.It is a good
2:02:41 > 2:02:47intervention, because my amendment decides on British time when to
2:02:47 > 2:02:52lead, and their amendment is at the beckoning of Europeans, so we have a
2:02:52 > 2:02:55clear choice, and I would willingly take those interruptions that are
2:02:55 > 2:03:02trying to trip me up in making this short contribution. So the first
2:03:02 > 2:03:06thing is, I fought as much as I could the referendum campaign being
2:03:06 > 2:03:13a reluctant Brexiteer. It was on balance that I thought our country's
2:03:13 > 2:03:16future and increasingly our future would thrive outside rather than
2:03:16 > 2:03:24inside. I boys wanted to make a deal, although I thought it
2:03:24 > 2:03:26immensely sensible in any negotiations that you have to make
2:03:26 > 2:03:31sure the other side knows that you may be banking and planning for no
2:03:31 > 2:03:38deal. And the third factor that I will touch again in a moment when we
2:03:38 > 2:03:45think what the House of Lords might do to a bill of this size, it has
2:03:45 > 2:03:51been very difficult for most of us to come to terms with what our role
2:03:51 > 2:03:58has been as MPs in a representative democracy, and how we come to terms,
2:03:58 > 2:04:03and digester fact that a referendum has taken place, and the British
2:04:03 > 2:04:10people have spoken. How do we we act in those circumstances which I
2:04:10 > 2:04:13believe are unique and in no way comparable with any other
2:04:13 > 2:04:20Parliamentary procedure that we consider in this House. As I said at
2:04:20 > 2:04:27the very beginning and before I was helpfully interrupted, this clause
2:04:27 > 2:04:32stands with three other new clauses. Together, they present the
2:04:32 > 2:04:38Government with a clean, small, slimline Brexit bill. Which by the
2:04:38 > 2:04:45time we get to the end of this process, this life raft, they will
2:04:45 > 2:04:48thank the Lord that it is actually in the Bill, and it is one that they
2:04:48 > 2:04:55will be able to get on. Today in the amendment, we decide on the date by
2:04:55 > 2:04:59British time, not European time, when we actually leave. That is our
2:04:59 > 2:05:05choice. It is about the freedom, a little freedom, the beginnings of
2:05:05 > 2:05:09freedom, but we hope will flow, with difficulties of course, by actually
2:05:09 > 2:05:16setting us on the course of leaving the European union. The second thing
2:05:16 > 2:05:24is a simple clause that ensures that all the laws and regulations come
2:05:24 > 2:05:30onto our statute point, at that point of time, British time, not
2:05:30 > 2:05:33European time. And can I just finished, and then I will willingly
2:05:33 > 2:05:40give way. The third clause is how Parliament reviews those laws. Once
2:05:40 > 2:05:46we wish to keep fully, those we wish to amend, those we wish to thereby
2:05:46 > 2:05:53add to, those we wish to kick out. But the clause says this House will
2:05:53 > 2:05:56decide how that process is done, and I'm sure before we have actually
2:05:56 > 2:06:01finished our debate on this bill, this committee stage, the Government
2:06:01 > 2:06:09will be agreeing with me on that. Because the Henry VIII staff is an
2:06:09 > 2:06:12absurd way of going about the business. Although as we get down to
2:06:12 > 2:06:18the mega task of reviewing, we may beg the Government for a touch of
2:06:18 > 2:06:22Henry VIII to get through the size of the task which will be before us.
2:06:22 > 2:06:30Last point is given that we have real difficulties of completing a
2:06:30 > 2:06:34negotiation, I've got views on that with this clause. I said I will give
2:06:34 > 2:06:38way to the honourable lady as soon as I have finished explaining this
2:06:38 > 2:06:43and the three clauses attached to it. We need a safe haven. Talking of
2:06:43 > 2:06:50a safe haven...I thank my right honourable friend forgiving way.
2:06:50 > 2:06:56Would he not concede however that an arbitrary date for Brexit could risk
2:06:56 > 2:07:01damaging the British economy is clear evidence emerges as it already
2:07:01 > 2:07:05is that harrying Brexit may indeed badly damage our manufacturing
2:07:05 > 2:07:12sector, our cultural agricultural sector and our financial services
2:07:12 > 2:07:18sector.I am supported by people largely whose constituents agree
2:07:18 > 2:07:24with me and not their views. And how they deal with that is not my
2:07:24 > 2:07:28problem. I agree it is a difficult problem, which doesn't mean to say
2:07:28 > 2:07:34that one should have any particular solution to it. But Labour voters,
2:07:34 > 2:07:39the larger the majority, generally speaking, the more clear they spoke
2:07:39 > 2:07:51about Brexit. Absolutely... SHOUTING
2:07:51 > 2:07:56I will be dealing with her pointed a moment. It comes down to, who do we
2:07:56 > 2:08:01think we are dealing with? Are we playing a game of cricket, or have
2:08:01 > 2:08:07we got people who are... I am just saying that. I'm saying that. Some
2:08:07 > 2:08:12people suggest, I am saying that we will be fighting for our lives, and
2:08:12 > 2:08:17why we want this clause, if I ever get on to fully explaining it, I
2:08:17 > 2:08:24will actually say so. Mal Brobbel friend wanted to intervene.
2:08:24 > 2:08:30I was confused by the idea that all Labour supporters are supporting his
2:08:30 > 2:08:37decision, but the majority didn't. Would he correct the record?I
2:08:37 > 2:08:42happily add to the record because it makes some people's circumstances
2:08:42 > 2:08:47more difficult, I said generally speaking the larger the Labour
2:08:47 > 2:08:53majority in a general election, the bigger the turnout. The last
2:08:53 > 2:08:57election and the one before that and the one before that... The more
2:08:57 > 2:09:15likely they were to vote leaving. Before I give way...Order, order.
2:09:15 > 2:09:21We don't need everybody stood up at the same time, I'm sure if the
2:09:21 > 2:09:26gentleman is going to give way he will say so, but please don't keep
2:09:26 > 2:09:38standing up at the same time.Before I give way, and before I...Mr
2:09:38 > 2:09:42Farrelly has already had a good start to the day, let's not continue
2:09:42 > 2:09:47in the same way.As I would say, in qualifying that general statement,
2:09:47 > 2:09:52the area I love to represent, not my own constituency but others, who
2:09:52 > 2:10:00actually voted to Remain, they were against the trend in the country of
2:10:00 > 2:10:08Labour support and the referendum. I will give way.I'm grateful to my
2:10:08 > 2:10:14colleague. He is making a case I don't agree with, but with his
2:10:14 > 2:10:21normal reasonable approach. I think he needs to focus on the fact...
2:10:21 > 2:10:24He's probably right, at the moment, most people haven't changed their
2:10:24 > 2:10:31mind and the reasons they voted to leave the main as far as they are
2:10:31 > 2:10:35concerned and resolve may think it will be resolved by leaving. The
2:10:35 > 2:10:42question I would ask, though, supposing it emerges within the next
2:10:42 > 2:10:45year that all of the reasons why they voted the way they did not
2:10:45 > 2:10:51going to be realised and on top of that, the economic consequences will
2:10:51 > 2:11:01be disastrous, what then?I only have four short sheets of paper.
2:11:01 > 2:11:09It's taken all this time. I do have an answer for that. Any
2:11:09 > 2:11:16politician... Indeed, it seems to me the Labour side that needs educating
2:11:16 > 2:11:25as I would say to wear Labour voters are. And if my very honourable
2:11:25 > 2:11:31friend can contain himself, I hope I have a... I will take account of
2:11:31 > 2:11:35that, but I would emphasise, is wisdom in saying we don't know where
2:11:35 > 2:11:40these negotiations will end up, they are fraught, especially if you have
2:11:40 > 2:11:45a group of people that don't really want you to succeed because they
2:11:45 > 2:11:48fear what would happen in their own countries if you actually did
2:11:48 > 2:11:52succeed, and that is part of the negotiations that we will actually
2:11:52 > 2:12:03have.I'm grateful to my right honourable friend, did you receive a
2:12:03 > 2:12:08pamphlet from the government during the referendum, paid for by the
2:12:08 > 2:12:16taxpayers, which on the backside, that the government would carry out
2:12:16 > 2:12:22the wishes of the people by the referendum? And doesn't he believe a
2:12:22 > 2:12:29fixed date actually delivers what the people voted for?I have to
2:12:29 > 2:12:34confess, in receiving the pamphlet but throwing it away in the bin
2:12:34 > 2:12:42immediately. I never believed the sort of campaign we fought with
2:12:42 > 2:12:48false truths on both sides enhanced the standing of us as a political
2:12:48 > 2:12:54class or addressed the very serious issues of which people had to sum up
2:12:54 > 2:13:00everything they knew about, their own identity and their community,
2:13:00 > 2:13:03the country's identity and the position they want to see in the
2:13:03 > 2:13:08world, but which we all know people take different views on. The idea
2:13:08 > 2:13:14that a government pamphlet was going to help, dear God. But I will give
2:13:14 > 2:13:25way to my honourable friend.He did qualify his earlier statement, but
2:13:25 > 2:13:29would he accept that at the last general election over 85% of
2:13:29 > 2:13:36Liverpool Riverside constituents voted for the Labour Party candidate
2:13:36 > 2:13:43and 73% of Liverpool Riverside voted to Remain, so those people have
2:13:43 > 2:13:53great wisdom, does he accept?If it did -- if I did, it would mean the
2:13:53 > 2:13:58voters of Birkenhead did not have wisdom, so I will not put my head in
2:13:58 > 2:14:05that direction, no, I have given way once. We have a serious debate. I
2:14:05 > 2:14:08will if I can make progress willingly ring people in if we go
2:14:08 > 2:14:15along. -- bring people. I wish to express disappointment with the
2:14:15 > 2:14:20government and how they are handling the strategy. I don't believe there
2:14:20 > 2:14:27is a sense of importance and drive or coherence that this issue merits.
2:14:27 > 2:14:34I've argued
2:14:34 > 2:14:36privately that anyone serious about comparing this historic event with
2:14:36 > 2:14:41fighting for survival in World War II would have followed the move that
2:14:41 > 2:14:47Churchill made once he took over from Chamberlain, he would have
2:14:47 > 2:14:56moved from the ramshackle way of existing institutions and he
2:14:56 > 2:15:08established a war cabinet, and I believe that... I think we need a
2:15:08 > 2:15:15Brexit Cabinet, small with an offer to the opposition to be on it, as in
2:15:15 > 2:15:18wartime, which Clement Attlee accepted, that we actually try to
2:15:18 > 2:15:30have a national interest... You may laugh. Well, I mean...You want a
2:15:30 > 2:15:38job.Clearly this is proving shocking to this side, but this will
2:15:38 > 2:15:44also be a test of whether we are intent of the best possible terms
2:15:44 > 2:15:47and whether we have a clear position or not and whether we are putting
2:15:47 > 2:15:56our country first. I will give way. I thank my friend and neighbour
2:15:56 > 2:16:01forgiving way. Can I ask him if he agrees that the reason why we ought
2:16:01 > 2:16:05to have such cross-party co-operation is because this issue
2:16:05 > 2:16:09is not a joke, this is about the future of our country, and that is
2:16:09 > 2:16:13why we should listen to everyone in this Hazard, and not just the narrow
2:16:13 > 2:16:21interests of the Tory party -- in this House.My honourable friend,
2:16:21 > 2:16:30she ended her sentence rather early, that we should try and be able to
2:16:30 > 2:16:39put aside differences and concentrate on the national issue
2:16:39 > 2:16:45for now. I'm not going to give way until much later now, much much
2:16:45 > 2:16:53later. I did give way to you. Try another point of order and see
2:16:53 > 2:17:03whether it works. The first is a real disappointment, as we have
2:17:03 > 2:17:12seized the aerial bombardment over this Bill -- ceased. And we are now
2:17:12 > 2:17:18down to hand-to-hand fighting over the nature of our leaving, but the
2:17:18 > 2:17:24sentiments of my honourable friend, my neighbour, about us trying to
2:17:24 > 2:17:30steer this debate in the national interest is crucially important. No,
2:17:30 > 2:17:35I'm not giving way. I want other people to get into the debate. The
2:17:35 > 2:17:42second reason why I feel disappointment with the government's
2:17:42 > 2:17:45stance is that I feel they misread the other side with whom we are
2:17:45 > 2:17:52negotiating. A British assumption is always give and take, but what we
2:17:52 > 2:17:59have now is the Michel Barnier rule of all take and no give, and I will
2:17:59 > 2:18:04comment on how I think we should respond to that in a moment. Anybody
2:18:04 > 2:18:13who was serious as all of us have been about wishing to award equal
2:18:13 > 2:18:18status and citizenship to EU citizens in this country, no those
2:18:18 > 2:18:22negotiations could have been over in half an hour, there was never ever
2:18:22 > 2:18:28the intention of the other side taking that off and saying that is
2:18:28 > 2:18:33very good, there are millions of people's lives that have been put at
2:18:33 > 2:18:38ease about that fact, Britons living in the European Union, and European
2:18:38 > 2:18:44citizens living in Britain, and I think we should very carefully
2:18:44 > 2:18:50consider that from our negotiations from now on. The dead disappointment
2:18:50 > 2:18:54is the government producing a bill like this -- the third. I thought
2:18:54 > 2:19:00when we were campaigning to leave we were thinking of two, three, four
2:19:00 > 2:19:04clause bill, to get us out, and I know the government has been
2:19:04 > 2:19:09beguiled by their first title, the grand reform bill, and some are
2:19:09 > 2:19:12clever people thought you can only be grand if you have something
2:19:12 > 2:19:18large, rather than something that aims to be effective. But I do not
2:19:18 > 2:19:21believe a bill of this size, timetabled as it will to deliver it
2:19:21 > 2:19:26to the government, will actually to and much chance of getting to the
2:19:26 > 2:19:33House of Lords. Hence I underline the theme, there is a rescue launch,
2:19:33 > 2:19:42waiting in the four clauses I will be proposing... That are linked to
2:19:42 > 2:19:47this first clause which I have such pleasure in moving.Would you accept
2:19:47 > 2:19:54that the House of Lords is of course on elected and it has actually also
2:19:54 > 2:20:00passed the referendum act itself by its own decision and it really has
2:20:00 > 2:20:07no justification whatsoever for attempting to obstruct delay or to
2:20:07 > 2:20:16undermine this Bill.I very very very important lesson needs to go to
2:20:16 > 2:20:21some of those in the House of Lords who think they can wreck this Bill
2:20:21 > 2:20:27and wear us down so that Brexit never takes place. There is a very
2:20:27 > 2:20:32important convention, the Salisbury convention, and there is a very
2:20:32 > 2:20:39important difference between a referendum and a party's manifesto.
2:20:39 > 2:20:45The Salisbury convention allows us to give and take over the important
2:20:45 > 2:20:51parts of the manifesto. Which governments rightly feel committed
2:20:51 > 2:20:55to, through which they wish to pursue in Parliament and stand for
2:20:55 > 2:21:00real action on saying they have done the job they promised to do, and we
2:21:00 > 2:21:06are in a different ball game. At the beginning I try to say it is
2:21:06 > 2:21:10difficult for all of us to get to terms with being the role we have as
2:21:10 > 2:21:17MPs and the role that we have in a post-referendum debate. Their
2:21:17 > 2:21:24Lordship should know that if they try to wreck this Bill, then many of
2:21:24 > 2:21:31us will push the nuclear button. I work side of the house would like to
2:21:31 > 2:21:37see the House of Lords go -- our side. I'm surprised there wasn't any
2:21:37 > 2:21:46cheering. They will sound their own deathknell, not one of them is
2:21:46 > 2:21:55elected and none of them have any standing whatsoever in preventing
2:21:55 > 2:22:00the government in fighting the House of Commons to implement a referendum
2:22:00 > 2:22:07decision which we are doing today. I'm very grateful forgiving way and
2:22:07 > 2:22:14I'm following your argument the close attention. But part of the
2:22:14 > 2:22:17Leave Eichmann was to take back control for the country and
2:22:17 > 2:22:23Parliament as a whole -- argument. Is he now try to undermine the
2:22:23 > 2:22:28bilateral system?Not at all. We will be going late on these days if
2:22:28 > 2:22:34the honourable gentleman would like to read my website agency might
2:22:34 > 2:22:39outline views on the House of Lords reform which are different from
2:22:39 > 2:22:49most. But certainly not by the party whips are deciding this, but I don't
2:22:49 > 2:22:55go down that path because I wet the touching on the new clause -- I
2:22:55 > 2:22:59won't be touching Foster my honourable friend has had one
2:22:59 > 2:23:06intervention by a point of order and I think that is it for him. This new
2:23:06 > 2:23:12clause... LAUGHTER Sidelight. This new clause should be
2:23:12 > 2:23:20the start of a new negotiating position. Michel Barnier has told us
2:23:20 > 2:23:24that we have to put our money on the table and get serious within two
2:23:24 > 2:23:31weeks. I think we should jump at this opportunity. I think we should
2:23:31 > 2:23:35say in two weeks, the government should lay the outline of our
2:23:35 > 2:23:41agreement and I believe they should say over which decades they are
2:23:41 > 2:23:48prepared to meet our commitments and I believe they should say at that
2:23:48 > 2:23:52point, at the end of the two weeks, we cease to play any contributions
2:23:52 > 2:23:56to the European Union.
2:23:56 > 2:24:00I want to see the balance of power moved swiftly from the boot to our
2:24:00 > 2:24:12boot. And that from that date, two weeks hence, at the invitation of Mr
2:24:12 > 2:24:15Barnier, we actually say, fine, here is the outline of the agreement,
2:24:15 > 2:24:19here is the beginning of the money settlement, paid over period of time
2:24:19 > 2:24:23because there are pension contributions and so on, but from
2:24:23 > 2:24:27this day until you start seriously negotiating with us, which they
2:24:27 > 2:24:33haven't, then in fact there is no more money going. Now, it's wrong to
2:24:33 > 2:24:38think all of the 17 billion a year will be coming back to us. There is
2:24:38 > 2:24:45already coming back to us the 5 billion that Mrs Thatcher negotiated
2:24:45 > 2:24:54from the unfair formula. Watered down, by whom I won't say, but there
2:24:54 > 2:25:01is only so much one can say from these benches. Watered down
2:25:01 > 2:25:07nevertheless, it is 5 billion coming back, and there is 4 billion coming
2:25:07 > 2:25:11back to promote anti-poverty programmes in this country. I wish
2:25:11 > 2:25:18to tell The House I applied for money from these funds boot to feed
2:25:18 > 2:25:23people who are hungry, may be starving, and what did Mr Barnier
2:25:23 > 2:25:31and his group do? Nothing. So we have supposedly huge sums of money
2:25:31 > 2:25:34coming back at their direction, what it should be spent on, but actually
2:25:34 > 2:25:44doesn't feed people who are hungry. Mr Chairman, Mr Hoyle, I want to end
2:25:44 > 2:25:50now by saying I shall push this amendment to a division. I do so for
2:25:50 > 2:25:54a number of reasons. One is, it always seems to me to get an
2:25:54 > 2:25:59advantage when you can rather than later. A bird in the hand is better
2:25:59 > 2:26:04than two in the bush. And while the Government is introducing its own
2:26:04 > 2:26:08timetable set by the European bureaucrats, whoever they are
2:26:08 > 2:26:12instructing, when we might take a leave of them, I think we should
2:26:12 > 2:26:19actually make a decision today and leave on our terms and on our time.
2:26:19 > 2:26:30But it is as I say, this is a clause which ought not to be read in
2:26:30 > 2:26:35isolation, it has all the clauses which give us an alternative way of
2:26:35 > 2:26:38exiting without all the claptrap the Government has put in this bill, and
2:26:38 > 2:26:47I believe before the end of the negotiations, something like this
2:26:47 > 2:26:57four clause bill will be adopted. To the first and civilised intervention
2:26:57 > 2:27:04I had about timing, maybe it is a fallacy to accept that one can have
2:27:04 > 2:27:071's own terms and terms for the nation, but I have never bought a
2:27:07 > 2:27:12house without having in a contract the date when it is mine, when I can
2:27:12 > 2:27:17actually get in. I have never actually apart from being elected to
2:27:17 > 2:27:25the House of Commons, but knowing that I would actually have an up to
2:27:25 > 2:27:29five year contract, I have never had a job that doesn't have a starting
2:27:29 > 2:27:35date in it. And therefore... Of course I will.I am very grateful to
2:27:35 > 2:27:38my right honourable friend for giving way. I think his analogy
2:27:38 > 2:27:42about buying a house falls down at the first hurdle, because nobody
2:27:42 > 2:27:46commits to a date to buy a house before they know what it is that
2:27:46 > 2:27:53they're buying. Secondly, and the substantive point is this. Is not
2:27:53 > 2:27:57the fatal weakness of what he proposes, and I respect the way in
2:27:57 > 2:28:02which he argues his case, as he always does, this, that the
2:28:02 > 2:28:05Secretary of State said to us when he came to appear before the select
2:28:05 > 2:28:08committee that it is possible that negotiations may go to the 59th
2:28:08 > 2:28:15minute of the 11th hour, and that is undoubtedly possible. In those
2:28:15 > 2:28:19circumstances, does it really make sense to bind the hands of the
2:28:19 > 2:28:22country and those who are negotiating on behalf of the country
2:28:22 > 2:28:27to get the best deal we can get, which is also the weakness of the
2:28:27 > 2:28:33Government's own amendment, does it make sense to do that?As my right
2:28:33 > 2:28:41honourable friend was kind to me about the House analogy, I have
2:28:41 > 2:28:56always bought my houses, never inherited them.I bought nine, --
2:28:56 > 2:29:08mine, too.Mr Chairman, I... I have been corrected, and I withdraw it,
2:29:08 > 2:29:16of course I do. But the idea that the biggest decisions in our lives,
2:29:16 > 2:29:20like buying a house, we take the most time over, is not borne out by
2:29:20 > 2:29:32any research whatsoever. Can I now conclude... I apologise to you.
2:29:32 > 2:29:39Absolutely.The right honourable gentleman has been a political ally
2:29:39 > 2:29:42of mine in previous cross-party arrangements, but not on this
2:29:42 > 2:29:49occasion. He has dodged answering the perfectly serious point that his
2:29:49 > 2:29:54right honourable friend just put to him. As things stand, Article 50
2:29:54 > 2:30:02will take effect in March 2019, and we will leave. Anything in these
2:30:02 > 2:30:08bills are superfluous to that. The problem could arise only if, and
2:30:08 > 2:30:13it's possible, 28 member states all agree that they are near to a
2:30:13 > 2:30:17conclusion, but they actually require a few more days, a few more
2:30:17 > 2:30:21weeks to settle it. Once we're going, they won't want to stay in
2:30:21 > 2:30:25very much longer, because they won't want to surround for the European
2:30:25 > 2:30:30Parliament elections, but actually, it would be utterly foolish if 28
2:30:30 > 2:30:34governments all agree to extend the process, and the British
2:30:34 > 2:30:39representative had to say, we've put into British law a time in which
2:30:39 > 2:30:44says to the second when we are actually leaving. And that seems to
2:30:44 > 2:30:49me a rather serious flaw.
2:30:54 > 2:31:01For a very right honourable friend who's such a good lawyer, I wish she
2:31:01 > 2:31:04had Redmayne amendment, because it has a day rather than a minute of
2:31:04 > 2:31:13when we actually leave. But I want to answer the point. Despite all the
2:31:13 > 2:31:16encouragement from behind. I was so anxious to withdraw what I said
2:31:16 > 2:31:21about my honourable friend, I forgot to raise the substantive point that
2:31:21 > 2:31:27he addressed to me, and I wish to do that having been reminded by the
2:31:27 > 2:31:31right honourable gentleman. And that is, if we look over our whole
2:31:31 > 2:31:35history in Europe, the idea that we finish a negotiations other than at
2:31:35 > 2:31:41the very last minute is almost unheard of. And this will actually,
2:31:41 > 2:31:48by putting the time in, it will say, you have to begin your shenanigans a
2:31:48 > 2:31:55month before that rather than the month after it. So, Mr Hoyle, I'm
2:31:55 > 2:32:01grateful to be able to move this amendment, to remind people it's
2:32:01 > 2:32:05part of a short exit bill, which I think the Government... Very good,
2:32:05 > 2:32:11yes.I'm grateful to the gentleman because I know he's concluding. But
2:32:11 > 2:32:14his whole argument about inflexibility falls when you look at
2:32:14 > 2:32:17Article 50 itself. It was very specific for a very simple reason,
2:32:17 > 2:32:22and that is that in that timescale, it is therefore determined on those
2:32:22 > 2:32:28who are negotiating to reach an agreement, or agree not to reach an
2:32:28 > 2:32:31agreement. Just changing that timescale doesn't allow you to reach
2:32:31 > 2:32:35an agreement. They have the time to do it. And that is the whole point
2:32:35 > 2:32:38about compression, to get an agreement, that is why the date is
2:32:38 > 2:32:48in Article 50.Last point. I thought my amendment was merely implementing
2:32:48 > 2:32:55the section 50 which we all voted for to tell our constituents, apart
2:32:55 > 2:33:04from one who voted against, voted against? Oh, voted against!
2:33:04 > 2:33:13Triggering Article 50? Very, very good. Apart from two or three...60!
2:33:13 > 2:33:25Any more on four? Five, six, seven, eight? I thought it was so
2:33:25 > 2:33:27uncontentious, what I was saying, I thought this would have been five
2:33:27 > 2:33:33minutes. I apologise to the House for the time that I have taken. All
2:33:33 > 2:33:41this new clause does is to put on the statute book the actual timing
2:33:41 > 2:33:50of section 50 that we voted for in overwhelming numbers almost a year
2:33:50 > 2:33:53ago, and I move the clause in my name, and in those names that still
2:33:53 > 2:34:02remain on the order paper.State of exit from the European Union.The
2:34:02 > 2:34:08question is that new clause 49 B read a second time. Just before I
2:34:08 > 2:34:11bring in the Minister, just allow the House to know that the Minister
2:34:11 > 2:34:16isn't feeling well today, and therefore just for clarification,
2:34:16 > 2:34:23another Minister will be coming in later, so I now bring Minister Steve
2:34:23 > 2:34:27Baker.I am extremely grateful for that, and I hope my voice makes it
2:34:27 > 2:34:32through these remarks. I rise to move that clause one stand part of
2:34:32 > 2:34:39the Bill, and also to move Government Amendments 381, 382 and
2:34:39 > 2:34:43383, and it may help the House and members of the public what I say
2:34:43 > 2:34:49that these are for decision on days seven and eight. Clause one reads:
2:34:49 > 2:34:54The European Communities Act 1972 is repealed on exit day. It is a simple
2:34:54 > 2:35:00clause, but it could scarcely be more significant. In repealing the
2:35:00 > 2:35:05European Communities Act 1972, this clause is a historic step in
2:35:05 > 2:35:08delivering our exit from the European Union in accordance with
2:35:08 > 2:35:13last year's referendum. I hope that all people on all sides of this
2:35:13 > 2:35:17issue can agree that the repeal of the ECA is a necessary step as we
2:35:17 > 2:35:24leave the European Union. I will. Would my right honourable friend
2:35:24 > 2:35:28recollect that the official opposition voted against the second
2:35:28 > 2:35:34reading of this bill, and therefore also voted against the repeal of the
2:35:34 > 2:35:401972 act. And yet they are still claiming that this bill is not fit
2:35:40 > 2:35:43for purpose, and that it usurps Parliamentary sovereignty, when in
2:35:43 > 2:35:49fact it is exactly the opposite?I am very grateful to my round rubble
2:35:49 > 2:35:53friend, and I look forward to whether members opposite support the
2:35:53 > 2:36:01clause. If we were not to repeal the European Communities Act, we would
2:36:01 > 2:36:04still exit the European Union from the perspective of EU law, and there
2:36:04 > 2:36:09would be confusion, but there would be confusion and uncertainty about
2:36:09 > 2:36:13the law on our own statute book. For example, it would be an clear
2:36:13 > 2:36:16whether UK or EU Law took precedence, and if there was a
2:36:16 > 2:36:21conflict between that. The status of new EU law would also be unclear
2:36:21 > 2:36:26once the UK has left the EU. I intend to first set out briefly for
2:36:26 > 2:36:33the House the effect of the act on our legal system. The UK is a
2:36:33 > 2:36:37dualist state, meaning that a treaty even when ratified does not alter
2:36:37 > 2:36:42our laws unless it is incorporated into domestic law by legislation.
2:36:42 > 2:36:46This means Parliaments must pass legislation before the rights and
2:36:46 > 2:36:51obligations in a treaty have affected our law. The European
2:36:51 > 2:36:55Communities Act gave EU law supremacy over UK law. Without it,
2:36:55 > 2:37:02EU law would not apply in the UK. The 1972 act has two main
2:37:02 > 2:37:07provisions. Section 2.1 ensures rights and obligations in the EU
2:37:07 > 2:37:11treaties are directly applicable in the UK legal system. They apply
2:37:11 > 2:37:15directly without the need for Parliament to pass specific domestic
2:37:15 > 2:37:19implement in legislation, and this bears repeating in the context of
2:37:19 > 2:37:26the clause is to follow. The EU regulations and certain EU treaty
2:37:26 > 2:37:32provisions have effect in the UK without further Parliamentary
2:37:32 > 2:37:36intervention hangs to the European Communities Act. Section 2.2
2:37:36 > 2:37:39provides a dedicated power for the implementation of EU obligations
2:37:39 > 2:37:45such as those in directives. Over 12,000 EU regulations flow into our
2:37:45 > 2:37:49law through section 2.1 of the act, none of which could be refused by
2:37:49 > 2:37:54this House or the Other Place. These range from clinical classification
2:37:54 > 2:38:03rules to rules about passengers travelling by C. I will give way.
2:38:03 > 2:38:07Dusty minister agree that this simple clause is the way in which
2:38:07 > 2:38:10our democracy is completely restored and that once it has gone through,
2:38:10 > 2:38:14any matter that worries the British people can probably be the subject
2:38:14 > 2:38:19of Parliamentary debate and decision, no laws and treaties with
2:38:19 > 2:38:25standing -- does the minister.You have probably anticipated my speech
2:38:25 > 2:38:30by a few paragraphs. UK ministers have made nearly 6000 domestic
2:38:30 > 2:38:43regulations under section to two, -- 22, and the House has of course not
2:38:43 > 2:38:46remained supine and we have benefited from the tireless work of
2:38:46 > 2:38:50the European scrutiny committee, chaired by my honourable friend,
2:38:50 > 2:38:56which has criticised a vast number of EU documents, holding ministers
2:38:56 > 2:39:00to account when representing our interests in the EU and its work has
2:39:00 > 2:39:06been paramount importance in holding ministers to account and maximising
2:39:06 > 2:39:11the voice of the house on EU matters. We have sometimes influence
2:39:11 > 2:39:16the laws adopted by the EU but this House was on every occasion obliged
2:39:16 > 2:39:23to implement our EU obligations. We could not refuse new EU law because
2:39:23 > 2:39:32our obligations were to the EU.Most of the legislation proposed by the
2:39:32 > 2:39:35commission considered by the council of ministers including a British
2:39:35 > 2:39:39minister and approved by the European Parliament before it
2:39:39 > 2:39:45becomes law, can he name a significant European law or
2:39:45 > 2:39:49regulation which was opposed by the British government at the time which
2:39:49 > 2:39:54the government is now proposing to repeal? Most Brexiteer 's can't
2:39:54 > 2:40:03think of one.LAUGHTER I think the question at stake is not
2:40:03 > 2:40:09whether there are legitimate processes in the EU, it is whether
2:40:09 > 2:40:12we approval one, and the one I'm glad to bring to attention is the
2:40:12 > 2:40:16ports regulation which we have to stick with all the while we are
2:40:16 > 2:40:20within the EU but it is uniquely opposed by the owner supports and
2:40:20 > 2:40:29the trade unions. Dusty owners of ports. -- the owners of ports. I
2:40:29 > 2:40:32look forward to the day we can make our own decisions about how our
2:40:32 > 2:40:36flourishing private sector infrastructure works. I will give
2:40:36 > 2:40:42way.Would he also agree that those who accuse the government of a power
2:40:42 > 2:40:48grab would be very happy for unelected EU officials to continue
2:40:48 > 2:40:51to exercise these powers rather than an acted government accountable to
2:40:51 > 2:40:58the elected parliament? -- elected government.Indeed, the scenery of
2:40:58 > 2:41:03our Constitution, if it had remained in place, but not in fact the
2:41:03 > 2:41:13practical effect which expected it to have -- the seniority.In
2:41:13 > 2:41:19response to the member for Ross Cliff, may I point out that in fact
2:41:19 > 2:41:23most of the decisions that are taken by the Council of ministers are
2:41:23 > 2:41:27effectively made by consensus behind closed doors with no record as to
2:41:27 > 2:41:33who said what, how the decision was arrived at and indeed on like this
2:41:33 > 2:41:40as, director the proceedings either. -- unlike this House, no record of
2:41:40 > 2:41:47the proceedings either.I thank you for that. What has been established
2:41:47 > 2:41:50is that clause one of this bill could scarcely be a greater
2:41:50 > 2:41:55constitutional significance and it repeal the 1972 act on exit date
2:41:55 > 2:42:01removing the mechanism that allows EU law to flow automatically into UK
2:42:01 > 2:42:04law and removing one of the wide-ranging powers ever placed on
2:42:04 > 2:42:09the statute book of the UK. The repeal makes it clear and unarguable
2:42:09 > 2:42:18that sovereignty lies in this Parliament. I will give way.I most
2:42:18 > 2:42:25grateful for giving way. -- I'm for the if the 1972 act is repealed
2:42:25 > 2:42:30before the end of what ministers are calling the implementation act which
2:42:30 > 2:42:35I would like to call the transition period, what will be the legal basis
2:42:35 > 2:42:41for our relations with the EU and for the free trade agreements we
2:42:41 > 2:42:48have with the 50 seven thirds countries question -- 57 third
2:42:48 > 2:42:53countries?We will try to establish that legal basis but the moment I
2:42:53 > 2:42:57want to conclude this section and move on to the amendments. Not just
2:42:57 > 2:43:06now. How we exercise in future the restored power... I have given way
2:43:06 > 2:43:09quite a few times, I will make some progress now I get onto the
2:43:09 > 2:43:13amendments. How in future we exercise the restored power is a
2:43:13 > 2:43:18choice for this place, the government is clear that we want a
2:43:18 > 2:43:22smooth and orderly exit achieved through continuity in the law at the
2:43:22 > 2:43:27point of Axa, as we shall discuss later -- point of exit. I hope all
2:43:27 > 2:43:31members can agree it is essential that this clause is part of the
2:43:31 > 2:43:39bill. I now turn to today's amendments, it is very fitting that
2:43:39 > 2:43:42the first Amendment to be debated in this committee was from the
2:43:42 > 2:43:46honourable gentleman for Birkenhead. He has got to the heart of the
2:43:46 > 2:43:50matter of when we leave the European Union and I listened very carefully
2:43:50 > 2:43:57to his speech. I have a great to have sympathy for the Casey makes,
2:43:57 > 2:44:03and I will pick up on a couple of points. -- the case he makes. He has
2:44:03 > 2:44:08not given a time of day in his amendment, and one of the things I
2:44:08 > 2:44:16learned is the ambiguity that arises when you specify midnight which can
2:44:16 > 2:44:20be the end or the start of a particular day, and so I think that
2:44:20 > 2:44:28is technically deficient and I hope he will choose to not move the -- it
2:44:28 > 2:44:40to a division.I would love the government to move 23 hours, 59
2:44:40 > 2:44:44minutes, on the day that we should actually leave, but it is on our
2:44:44 > 2:44:50time, not on the time and on their terms. Will the government move that
2:44:50 > 2:44:57amendment?You have made your case very well, but we are going to move
2:44:57 > 2:45:03the amendment which we have tabled. I will give way once more and then I
2:45:03 > 2:45:08will make some progress.Will the minister agree that this Eichmann is
2:45:08 > 2:45:11creating division between us and our European neighbours which will make
2:45:11 > 2:45:14it very difficult to create a deep and special partnership -- this
2:45:14 > 2:45:24argument.I don't agree, no, because when the prime and is the of the
2:45:24 > 2:45:27European Council in March last year she set in train the defined
2:45:27 > 2:45:34two-year progress of Article 50 -- when the Prime Minister. It will
2:45:34 > 2:45:38come to conclusion on the 29th of March 2019 and that is why the Prime
2:45:38 > 2:45:44Minister said the UK will cease to be a member of the EU on that day,
2:45:44 > 2:45:47that is the policy of the government. I would like to make
2:45:47 > 2:45:53some progress. The government has listened to the debate around the
2:45:53 > 2:46:01exit date for the statutory purposes of the bill and there is uncertainty
2:46:01 > 2:46:04as to whether this will correspond to the day that the UK leaves the EU
2:46:04 > 2:46:07at the end of the Article 50 process, and the government
2:46:07 > 2:46:11sympathisers with this uncertainty. This is also an issue on which the
2:46:11 > 2:46:15Lords constitutional committee complied, they said they are
2:46:15 > 2:46:18concerned that the power to define exit day, matter that is pivotal to
2:46:18 > 2:46:21the operation of the bill, is unduly broad in its scope and flexibility
2:46:21 > 2:46:28and that it is not subject to any Parliamentary scrutiny procedure.
2:46:28 > 2:46:34Such concerns were for the voice by the members for Cardiff South and
2:46:34 > 2:46:38Wakefield and others, not least regard the breadth of the powers to
2:46:38 > 2:46:45set numerous exit dates, and in fact there has been a notable disconnect
2:46:45 > 2:46:47between the Labour front and back benches on this issue, and a number
2:46:47 > 2:46:52of their backbenchers have submitted a members and raised concerns
2:46:52 > 2:46:57regarding exit Decca but the front bench has refused to establish
2:46:57 > 2:47:03clarity -- exit day. We recognise the importance of being crystal
2:47:03 > 2:47:06clear on the setting of exit date and the government is keen to
2:47:06 > 2:47:10provide the certainty that the member for Birkenhead and others are
2:47:10 > 2:47:16seeking, and in light of this the government has brought forward an
2:47:16 > 2:47:21amendment and consequential amendments which will set exit day
2:47:21 > 2:47:30as 11pm on the 29th of March, 2019. This is slightly different to the
2:47:30 > 2:47:33amendment in that it sets a time as well as the date for exit. I give
2:47:33 > 2:47:42way.They do. I'm sorry the minister is not feeling well -- thank you for
2:47:42 > 2:47:45the does he understand how impossible it is for me to explain
2:47:45 > 2:47:50to my constituents that they can have certainty about nothing about
2:47:50 > 2:47:54Brexit as the government plans, except according to him the date
2:47:54 > 2:48:01when it will happen.I have to say, I forget whether the lady voted to
2:48:01 > 2:48:09trigger Article 50, but this House did in the process is quite clear.
2:48:09 > 2:48:18Two years later we leave the European Union. I will give way.I'm
2:48:18 > 2:48:21just wondering when the minister is going to admit to this House that
2:48:21 > 2:48:26setting a date for exit is political windowdressing because if there's to
2:48:26 > 2:48:31be a transitional deal, which the Prime Minister says she wants, her
2:48:31 > 2:48:34understanding is it will be under Article 50 and that means we will
2:48:34 > 2:48:39stay in the single market and the customs union and subject to EU law
2:48:39 > 2:48:43in the transition period, so this exit day is a sop to the
2:48:43 > 2:48:49backbenches, when you going to tell the truth?I will come onto the
2:48:49 > 2:48:53implementation period, but we need to become a third country in order
2:48:53 > 2:48:56to conclude our future relationship agreement, and the Prime Minister
2:48:56 > 2:48:59set out in her Florence speech the outline of the implementation period
2:48:59 > 2:49:05which would allow practical continuity, and that would allow us
2:49:05 > 2:49:10to be a third country, concluding the future trade agreement. I will
2:49:10 > 2:49:21give way just once more. And then I will move forward.I am most
2:49:21 > 2:49:31grateful. Does he recognise there are two macro different issues
2:49:31 > 2:49:39regarding exit day, there might be multiple exit days, which is a
2:49:39 > 2:49:44different thing from fixing a day, and under Article 50 there is a
2:49:44 > 2:49:47expiry date but Article 50 has in itself provision in it for the
2:49:47 > 2:49:52possible extension of the period, if that is what is actually needed to
2:49:52 > 2:49:57conclude the agreement, and that is why I find this amendment by the
2:49:57 > 2:50:03government so very strange. Because it seems to me to fetter the
2:50:03 > 2:50:07government to add nothing to the strength of the government's
2:50:07 > 2:50:09negotiating position and in fact potentially to create a very great
2:50:09 > 2:50:14problem that could be brought back to be visited on us at a later
2:50:14 > 2:50:23stage.I'm grateful and he makes his point with considerable clarity. I
2:50:23 > 2:50:27accept that the Article 50 process has provisions, but what I would
2:50:27 > 2:50:31say, a number of voices in private have voiced the concern that there
2:50:31 > 2:50:37was a degree of elasticities and they were concerned for that reason
2:50:37 > 2:50:41that we should fix the exit date, and I would also say to him further,
2:50:41 > 2:50:45immolation to this matter, while he makes his point with his usual
2:50:45 > 2:50:50clarity -- in relation. Other members of this House have said we
2:50:50 > 2:50:54should have a time and date when we leave the European Union and that is
2:50:54 > 2:50:58what the government has done with this moment. I said I would only
2:50:58 > 2:51:03give way once more, but I will give way to my honourable friend and then
2:51:03 > 2:51:08I will make more progress.The minister is making a good speech,
2:51:08 > 2:51:22but what is not clear, if the exit date is confirmed as it is, will be
2:51:22 > 2:51:27built allow that date to be changed by regulation or not? -- will be
2:51:27 > 2:51:36bill.The answer is no. This is in relation to consequential 's and the
2:51:36 > 2:51:40provisions of the bill coming into force and I look forward to a full
2:51:40 > 2:51:43debate on the powers of clause 17 when we reach this, but the short
2:51:43 > 2:51:50answer to your question is no. I will just get on. I did say that I
2:51:50 > 2:52:05was going to get on with it, and I will. I have got to make progress.
2:52:05 > 2:52:09could you so we said at second reading that we would listen to the
2:52:09 > 2:52:11concerns of the House.
2:52:16 > 2:52:20We are happy to consider amendments which share this goal can't I hope
2:52:20 > 2:52:25The right honourable member will be willing to withdraw his new clause,
2:52:25 > 2:52:32and that right honourable members with related amendments will
2:52:32 > 2:52:42withdraw those, too. I would like to return to 386 and 387. We think that
2:52:42 > 2:52:47these amendments are ill-conceived and could result in chaos. Following
2:52:47 > 2:52:51a majority vote in this House, the Prime Minister wrote to the
2:52:51 > 2:52:58president of the European Council to trigger Article 50, and that set in
2:52:58 > 2:53:01train the Article 50 process. The article says the treaty shall cease
2:53:01 > 2:53:10to apply to the state in question unless the European Council in
2:53:10 > 2:53:13agreement with the member state concerned unanimously decides to
2:53:13 > 2:53:18extend this period. That is why the prime Ministers said in her speech
2:53:18 > 2:53:21in Florence that the United Kingdom will cease to be a member of the
2:53:21 > 2:53:25European Union on the 29th of March 20 19. The Government has always
2:53:25 > 2:53:29been clear that the purpose of the EU withdrawal bill is to ensure that
2:53:29 > 2:53:35the UK exits the EU with certainty and control. This is an essential
2:53:35 > 2:53:39bell in the national interest which will ensure that whatever the
2:53:39 > 2:53:42outcome of the negotiations, the statute book can continue to
2:53:42 > 2:53:46function. The right honourable lady's amendments what have the
2:53:46 > 2:53:50consequence of destroying this bill's capacity to function in the
2:53:50 > 2:53:54event that a withdrawal agreement was not concluded. And as a
2:53:54 > 2:53:59consequence of these amendments, the Bill's crucial provisions could not
2:53:59 > 2:54:03come into effect until a second act was passed. The consequence would be
2:54:03 > 2:54:08legal chaos in the event that the second act was not passed before the
2:54:08 > 2:54:1429th of March 2019. Furthermore, no one should fall into the trap of
2:54:14 > 2:54:19thinking that these amendments would keep us in the European Union if no
2:54:19 > 2:54:22conclusion were reached. The treaties would no longer apply but
2:54:22 > 2:54:26what would happen is that our domestic law would be in an unfit
2:54:26 > 2:54:31state, and we could have legal chaos. As a responsible government,
2:54:31 > 2:54:36we must be ready to exit without a deal even though we expect to
2:54:36 > 2:54:39conclude a deeper special partnership, and I give way to the
2:54:39 > 2:54:44honourable gentleman.I am grateful to the Minister for giving way and
2:54:44 > 2:54:49being pretty frank with the House now, because if he is right in what
2:54:49 > 2:54:53he has said, what his Government's set of amendments does is pave the
2:54:53 > 2:54:59way for no deal. If I am wrong about that, why did his predecessor, Lord
2:54:59 > 2:55:03Bridges of Headley, say that he didn't believe it would be possible
2:55:03 > 2:55:08to sort out the divorce Bill, sort out the implementation period and
2:55:08 > 2:55:14the final deal on our withdrawal within the time frame envisaged?
2:55:14 > 2:55:18What he is planning for, and he should be absolutely frank with the
2:55:18 > 2:55:21British people, is no deal, and he has no mandate from the British
2:55:21 > 2:55:27people to do that.This is a subject on which I responded to a debate
2:55:27 > 2:55:30only recently, and I would prefer the honourable gentleman to a
2:55:30 > 2:55:35running I said on that occasion, but he is wrong. We're planning to
2:55:35 > 2:55:38security bit special partnership with the European Union, and we
2:55:38 > 2:55:42intend to do that within the limitation period which the Prime
2:55:42 > 2:55:44Minister set out in the Florence speech, and we very much look
2:55:44 > 2:55:50forward to carrying through the necessary legislation to do it. I
2:55:50 > 2:55:57will give way twice more, and then I thank in forgiving way. Is he aware
2:55:57 > 2:56:02that the chief financial officer of Aston Martin has said it would be a
2:56:02 > 2:56:06semi-catastrophe if the UK went for no deal? And could I ask him why he
2:56:06 > 2:56:11will not allow the option of article 52 BX tended to ensure that there
2:56:11 > 2:56:17was a deal if we were very close to reaching one at the date that he has
2:56:17 > 2:56:22said?I am very grateful to him for that intervention. What I would say
2:56:22 > 2:56:26to him is we are going to go through the process of making sure as a
2:56:26 > 2:56:29responsible Government that our country is ready to leave the
2:56:29 > 2:56:33European Union without a deal if that proves necessary. We will take
2:56:33 > 2:56:38the steps to be prepared as a responsible government should. But
2:56:38 > 2:56:42what this bill cannot do is pre-empt the negotiations by putting things
2:56:42 > 2:56:46into statute before they have been agreed. The Government intends the
2:56:46 > 2:56:58United Kingdom to leave the euro -- EU on that date, but we will bring
2:56:58 > 2:57:01forward whatever legislation is necessary to implement the agreement
2:57:01 > 2:57:05we strike with the EU, and that is why yesterday my right honourable
2:57:05 > 2:57:07friend the Secretary of State announced the withdrawal agreement
2:57:07 > 2:57:11and in fermentation bill which we will introduce once Parliament has
2:57:11 > 2:57:17had a chance to vote on the final deal. This Government takes its
2:57:17 > 2:57:21responsibilities seriously, and is committed to ensuring that the UK
2:57:21 > 2:57:25exits the EU with certainty, continuity and control. It makes no
2:57:25 > 2:57:28sense to legislate for one piece of legislation on the face of the other
2:57:28 > 2:57:33piece, and I therefore ask the right honourable lady to withdraw her
2:57:33 > 2:57:36amendments, and with that, I commend that clause one stand part of the
2:57:36 > 2:57:48Bill.Thank you, Madam Deputy Speaker. I am pleased to move
2:57:48 > 2:57:52amendments 43, 44 and 45 which give Parliament the control over the
2:57:52 > 2:57:55length in basic terms of transitional arrangements and allows
2:57:55 > 2:57:59Parliament to set the clock on sunset clauses. These are the first
2:57:59 > 2:58:02of many amendments tabled by the opposition that we will be
2:58:02 > 2:58:08considering over the next few weeks, all of which have one purpose, which
2:58:08 > 2:58:15is to improve this bill, and it is frankly not helpful when Ministers
2:58:15 > 2:58:19and indeed the Prime Minister over the weekend sought to characterise
2:58:19 > 2:58:24scrutiny and accountability by this House as an attempt to thwart
2:58:24 > 2:58:32Brexit. It is not. We accept the British people voted to leave the
2:58:32 > 2:58:37European Union. It may have been a close vote, but it was a clear vote,
2:58:37 > 2:58:43and that is why we voted to trigger Article 50. Whether we leave the
2:58:43 > 2:58:49European Union is not a matter for debate. But how we do so is crucial
2:58:49 > 2:58:56for the future of our country. The British people voted to pull out.
2:58:56 > 2:59:05They did not vote to lose out. And they look to this Parliament to
2:59:05 > 2:59:10secure the best deal, and that includes not stumbling over a cliff
2:59:10 > 2:59:24edge in March 2019.Could he define the Labour Party's idea of leaving
2:59:24 > 2:59:28the European Union?I'm surprised as such an ardent Brexiteer The right
2:59:28 > 2:59:31honourable member doesn't understand what leaving the European Union
2:59:31 > 2:59:43involves. We do. Until last Thursday, the debate on clause one
2:59:43 > 2:59:51looked fairly straightforward. The Article 50 notification made our
2:59:51 > 2:59:58exit in March 2019 legal certainty, I will in a moment, but not now. And
2:59:58 > 3:00:03so exit day for the purposes of the Bill could be left in the hands of
3:00:03 > 3:00:10Parliament. But then the Government did something needless. They tabled
3:00:10 > 3:00:18amendments 381 and 382, putting a specified exit date and time of 11pm
3:00:18 > 3:00:23or midnight brussels time on the face of the Bill. Their
3:00:23 > 3:00:28consequential amendment, 383, seems to contradict their other amendments
3:00:28 > 3:00:32in some regard, and that I think underlines the chaos and the chaotic
3:00:32 > 3:00:39way with which they have approached this bill. But taken together, the
3:00:39 > 3:00:47intention of the three amendments is clear.The rather mysterious
3:00:47 > 3:00:49explanation that the honourable gentleman gave to my right
3:00:49 > 3:00:54honourable friend here needs some elucidation. Would he be good enough
3:00:54 > 3:00:57to explain whether leaving the European Union does mean also
3:00:57 > 3:01:02repealing the European Communities Act 1972, and then explain why they
3:01:02 > 3:01:08voted against it on second reading? I would have thought that it would
3:01:08 > 3:01:11have been as clear to him as it is to me, that leaving the European
3:01:11 > 3:01:20Union does involve revoking the European Communities Act, and I will
3:01:20 > 3:01:24go on to explain why we have concerns over the Government's
3:01:24 > 3:01:29amendments on the different decisions involved within them.I am
3:01:29 > 3:01:34grateful for the honourable member giving way. Did the honourable
3:01:34 > 3:01:42member understand as idea to win the vote for Article 50 Took Place that
3:01:42 > 3:01:47the provisions outlined in Article 50 would apply, including the
3:01:47 > 3:01:57ability of 28 nations to agree to extend the negotiating process?I
3:01:57 > 3:02:02did indeed, and I will come to that point later in my remarks. I have
3:02:02 > 3:02:05said that the intention of the three amendments despite the confusion
3:02:05 > 3:02:13caused by 383 is clear. It's clear, but it is needless, because Article
3:02:13 > 3:02:1950, triggered on the 29th of March 2017, provides for a two-year exit
3:02:19 > 3:02:25timetable. There is therefore no question over whether... Not at this
3:02:25 > 3:02:31moment, I will make progress.There is therefore no question over
3:02:31 > 3:02:35whether the UK will leave the EU over the course of that question. So
3:02:35 > 3:02:41what is the purpose of the Government's three amendments? Is it
3:02:41 > 3:02:45simply to appease extreme elements within their party, not thinking of
3:02:45 > 3:02:51the consequences for the country? Or is it a deliberate decision to on
3:02:51 > 3:02:55pick the Florence speech, demonstrating that the freelancers
3:02:55 > 3:03:04within the Prime Minister's Cabinet are actually in charge of policy? I
3:03:04 > 3:03:08suspect it may be the latter, and given that the public will be
3:03:08 > 3:03:11looking at this, and wondering when they see this chaos that the
3:03:11 > 3:03:15negotiations are, the lack of progress that has been made, and
3:03:15 > 3:03:17suddenly the Government is wanting to bring down the guillotine rather
3:03:17 > 3:03:21than using the existing Article 50 process, they might have good reason
3:03:21 > 3:03:28to be very suspicious.I thank my honourable friend for his
3:03:28 > 3:03:32intervention, they have reason to be suspicious and concerned. I will
3:03:32 > 3:03:35make some progress, but I will give the honourable member the
3:03:35 > 3:03:42opportunity to intervene later. Whatever the reason for the
3:03:42 > 3:03:47Government's decision, it is reckless and it is an extraordinary
3:03:47 > 3:03:52U-turn. Quite extraordinary. The Minister said a few moments ago that
3:03:52 > 3:03:57he felt it was important to give clarity on the issue of the
3:03:57 > 3:04:01departure date, and this was the Government's fixed view. But it
3:04:01 > 3:04:06wasn't the one they held before last Thursday. In fact, for the last four
3:04:06 > 3:04:12months, their position was represented by clause 14, page ten,
3:04:12 > 3:04:20line 25, which says exit date means such day as a Minister of the Crown
3:04:20 > 3:04:24may appoint, and page 14, different days may be appointed for different
3:04:24 > 3:04:29purposes. Now, we thought on this side of the House that that was a
3:04:29 > 3:04:32sensible principle. We wanted Parliament, not Ministers, to agree
3:04:32 > 3:04:40the dates, and that is why we have tabled amendments 43, 44 and 45, but
3:04:40 > 3:04:44the principle makes sense, and let me outlined why. As I said, our
3:04:44 > 3:04:49departure from the European Union is a settled matter. However, this bill
3:04:49 > 3:04:54deals with three different issues. The date that the European
3:04:54 > 3:04:57Communities Act will cease to have effect. The cut-off point for the
3:04:57 > 3:05:03use of delegated powers. And the ending of the jurisdiction of the
3:05:03 > 3:05:08court of justice of the European Union. And on that last point, the
3:05:08 > 3:05:11jurisdiction of the court, there is a fundamental impact on the issue of
3:05:11 > 3:05:17transitional arrangements. Now, Labour has been clear about the need
3:05:17 > 3:05:23for a transitional period. In order to prevent a cliff edge and to
3:05:23 > 3:05:28ensure that businesses don't have to adapt to two new custom and
3:05:28 > 3:05:31regulatory arrangement in quick succession, we need a transitional
3:05:31 > 3:05:36period on the same basic terms that we currently have. In the single
3:05:36 > 3:05:41market and in the customs union. Businesses and trade unions support
3:05:41 > 3:05:45that transitional period, and we were pleased when the Government
3:05:45 > 3:05:51caught up with us on this in September, and in her Florence
3:05:51 > 3:05:55speech, the Prime Minister finally recognised its importance, and I
3:05:55 > 3:05:59quote, she said. People and businesses both in the UK and the EU
3:05:59 > 3:06:03would benefit from a period to adjust to the new arrangements in a
3:06:03 > 3:06:08smooth and orderly way, and she went on, clearly, people, businesses and
3:06:08 > 3:06:12public services should only have to plan for one set of changes in the
3:06:12 > 3:06:17relationship between the UK and the EU. So, during the limitation
3:06:17 > 3:06:22period, access to one another's markets should continue on current
3:06:22 > 3:06:26terms. And Britain should also continue to take part in its
3:06:26 > 3:06:28existing security measures, and I know that businesses in particular
3:06:28 > 3:06:32would welcome the certainty this would provide. Her spokesperson
3:06:32 > 3:06:39reiterated just yesterday that she gave businesses reassurance on
3:06:39 > 3:06:44agreeing a time-limited transitional period, or as she prefers to call
3:06:44 > 3:06:49it, implementation period, as soon as possible. But the Government's
3:06:49 > 3:06:53amendment blows the prospect of a transitional deal on current terms
3:06:53 > 3:07:00out of the water. Put simply, if there is no role for the court of
3:07:00 > 3:07:03justice of the European Union, we are not operating on current terms,
3:07:03 > 3:07:08and the Prime Minister will not be able to secure agreement with the EU
3:07:08 > 3:07:1127 for the transitional arrangements that she set out in her Florence
3:07:11 > 3:07:16speech.I am grateful to the honourable gentleman forgiving way.
3:07:16 > 3:07:21Isn't that the whole point of the difference between an intimidation
3:07:21 > 3:07:25and transition. If it is a transition, we're transitioning from
3:07:25 > 3:07:29being inside the European Union to being at the end of the process
3:07:29 > 3:07:32outside, and therefore in the transition would be de facto members
3:07:32 > 3:07:35of the European Union on their bases here setting out, defeating the
3:07:35 > 3:07:40whole purpose of this bill?
3:07:40 > 3:07:43Clearly the transitional period is a bridge between where we are now and
3:07:43 > 3:07:48where we will be once we have left the European Union but the point
3:07:48 > 3:07:51that the member makes is not relevant to the point that I'm
3:07:51 > 3:08:01seeking to make. I will give way. This is an intervention I wanted to
3:08:01 > 3:08:08make earlier but he wouldn't take it. I commend the amendments my
3:08:08 > 3:08:11honourable friend is moving but I would like to seek his opinion on
3:08:11 > 3:08:19you clause 49. This clause is linked with others, but is there not a
3:08:19 > 3:08:24danger that if this clause 49 passes, there no guarantee the other
3:08:24 > 3:08:29clauses may pass and therefore passing clause 49 would do a grave
3:08:29 > 3:08:34disservice to this country? With my friend also make the position clear
3:08:34 > 3:08:42of the front benches on where it stands on this clause 49?I'm happy
3:08:42 > 3:08:49to clarify that we are opposed to new clause 49. Whether it is in
3:08:49 > 3:08:56relation to that clause or the government's Mance, closing down the
3:08:56 > 3:08:58opportunity for effective transitional arrangements is deeply
3:08:58 > 3:09:08self harming -- the government's stance.I believe the Labour Party
3:09:08 > 3:09:13wants to have a good transition to a future relationship, but I want to
3:09:13 > 3:09:19draw attention to what the Prime Minister said in the Florence
3:09:19 > 3:09:25speech,... So the point I'm making, we need to become a third country
3:09:25 > 3:09:28before we can conclude the kind of future relationship which I think he
3:09:28 > 3:09:35would like us to have stopped.I don't disagree, but that is
3:09:35 > 3:09:40precisely our point, you can't in that transitional period disabled
3:09:40 > 3:09:43the role of the court of justice of the European Union otherwise you
3:09:43 > 3:09:49will not achieve that arrangement that we are both seeking. I will
3:09:49 > 3:09:57give way.I'm very grateful. He is making a very powerful point, and I
3:09:57 > 3:10:00wonder if I'm at hell, I asked the Prime Minister what she thought the
3:10:00 > 3:10:08legal basis of any transitional deal would be and she referred to the
3:10:08 > 3:10:13fact, and I raised this issue and was told that it is envisaged that
3:10:13 > 3:10:17in the transitional deal written will stay in the singer market, the
3:10:17 > 3:10:28customs union, within the EU law -- single market.
3:10:30 > 3:10:35The Brexit secretary yesterday talked about the court in those
3:10:35 > 3:10:40terms. I will give way.I'm grateful. I'm listening carefully to
3:10:40 > 3:10:45your remarks. Is it not the case that part of the difficulty is that
3:10:45 > 3:10:48there is a sense of people being disingenuous about the reality of
3:10:48 > 3:10:53the process of Brexit. Of course it is possible that at the end of this,
3:10:53 > 3:10:58despite the way we pass this legislation, the government can come
3:10:58 > 3:11:03back with a withdrawal bill, is statute they promised us which does
3:11:03 > 3:11:05the very thing they won't admit at the moment which is keep Rouble
3:11:05 > 3:11:10within the jurisdiction of the European Court of Justice within a
3:11:10 > 3:11:17transitional period -- which is to keep us. Would it not be better if
3:11:17 > 3:11:23we could have a bit of honesty and clarity from both sides about what
3:11:23 > 3:11:27the implications are of withdrawal and how we have to go about it and
3:11:27 > 3:11:38the options and lack of options sometimes that may be open.Is he
3:11:38 > 3:11:44intervening on his colleague? I would like to respond to the
3:11:44 > 3:11:46intervention by saying I very much agree with that point, because
3:11:46 > 3:11:49otherwise we will face the nonsense of the government bringing forward
3:11:49 > 3:11:56new legislation effectively repealing the repeal Bill. I really
3:11:56 > 3:12:04feel I ought to make progress. Oh go on then.Further to my friend's boy,
3:12:04 > 3:12:09the difference between a transition and an implementation, we know it
3:12:09 > 3:12:12will be the implementation period because we will have to implement
3:12:12 > 3:12:15the Widdall agreement but we don't know whether this will be a
3:12:15 > 3:12:18transitional agreement because we don't know until the point of Brexit
3:12:18 > 3:12:30as to whether we will have any final deal to implement.That is a very
3:12:30 > 3:12:35fair point. I will now make some progress. I was at the point of
3:12:35 > 3:12:39talking about why closing down the opportunity for effective
3:12:39 > 3:12:47transitional arrangements would be deeply self harming, as the director
3:12:47 > 3:12:50of the CBI said last week, the message from business is more
3:12:50 > 3:12:53uncertainty quickly, especially around transition and especially in
3:12:53 > 3:13:00the next four weeks. The government amendments undermine the prospect of
3:13:00 > 3:13:06a transitional deal and create more uncertainty. The CBI and the British
3:13:06 > 3:13:09Chambers of commerce and the engineering employers Federation and
3:13:09 > 3:13:13the Federation of Small Businesses came together to call for a
3:13:13 > 3:13:16transitional deal, saying we need agreement of transitional
3:13:16 > 3:13:21arrangements as soon as possible, because without urgent agreement
3:13:21 > 3:13:26many companies have decisions about investment and contingency plans.
3:13:26 > 3:13:29Failure to agree a transition period of at least two years could have
3:13:29 > 3:13:31wide reaching and damaging consequences for investment and
3:13:31 > 3:13:37trade. It will also mean lorries backing up at Dover because the
3:13:37 > 3:13:41adjustments necessary and I'm sure everyone would agree, the
3:13:41 > 3:13:44adjustments necessary to avoid that cannot be physically put in place
3:13:44 > 3:13:50within 15 months and for the same reason it will mean a hardboard in
3:13:50 > 3:13:53Northern Ireland with all the problems that would create. -- hard
3:13:53 > 3:13:58border. It is not in the national interest and it closes down the
3:13:58 > 3:14:05flexibility that we might need if negotiations go to the wire, both we
3:14:05 > 3:14:13and the EU 27 might recognise the need for next week, next day, extra
3:14:13 > 3:14:20hour, even an extra minute. Or second. In order to secure a final
3:14:20 > 3:14:27deal. But that agreement would be thwarted by the government having
3:14:27 > 3:14:29made it unlawful for themselves to do what they would want to do at
3:14:29 > 3:14:35that point. The Prime Minister has consistently talked about parties
3:14:35 > 3:14:38working together in the national interest and we are up for that, we
3:14:38 > 3:14:43have tried to be constructive and we have scrutinised and identify gaps
3:14:43 > 3:14:49and we have offered solutions and on this critical issue we seem to be in
3:14:49 > 3:14:52the same place with some members of the government on the need for
3:14:52 > 3:14:58effective transitional period, so let me make an offer to the
3:14:58 > 3:15:04government, if they withdrawal members 381, 382 and 383 and work on
3:15:04 > 3:15:11an alternative which is in line with the Article 50 process but without
3:15:11 > 3:15:13destroying the possibility of transitional arrangements, we are
3:15:13 > 3:15:18happy to work with them on it, but if they don't... I will give way.
3:15:18 > 3:15:24I'm very grateful. Does he agree with me that the real way that the
3:15:24 > 3:15:29Prime Minister could reach out would be to make clear that she accepts
3:15:29 > 3:15:34the jurisdiction of the European Court of Justice for the plantation
3:15:34 > 3:15:38period and that would resolve many of her problems -- implementation.
3:15:38 > 3:15:44The honourable member is right. The reckless ideological red line on the
3:15:44 > 3:15:50court of justice of the European Union has got us into many problems,
3:15:50 > 3:15:56on this and other issues. Let me say, if the government can't
3:15:56 > 3:16:03withdraw their amendments, and engage in that process with us, we
3:16:03 > 3:16:07cannot support them, because of the impact on the economy, jobs and
3:16:07 > 3:16:11livelihoods as we would plunge over the cliff edge. I should also say,
3:16:11 > 3:16:16we can't support a member 79 and we believe the bill should operate on
3:16:16 > 3:16:24the assumption of devolution, and the member for Darlington will set
3:16:24 > 3:16:28out the alternative in coming days. The government has had months to
3:16:28 > 3:16:32repair this deeply flawed bill and they could have come forward with
3:16:32 > 3:16:34amendments on workers' rights and environmental protection and the
3:16:34 > 3:16:38Charter of fundamental rights and limiting the scope of delegated
3:16:38 > 3:16:43powers, but instead they have chosen to come to this House with a gimmick
3:16:43 > 3:16:49on the departure date. A gimmick which is about the Prime Minister
3:16:49 > 3:16:53negotiating with her own party rather than trying to get a Brexit
3:16:53 > 3:16:57deal that prioritises jobs and the economy and the livelihoods of our
3:16:57 > 3:17:02people. The government's Mance are a product of the divisions at the
3:17:02 > 3:17:06heart of this government on their approach to Brexit -- government's
3:17:06 > 3:17:10demands for the chaos that is setting the economy. A Prime
3:17:10 > 3:17:16Minister is so weak that she is trying to tie her own hands behind
3:17:16 > 3:17:25her back to appease the extremists within her party. No, I won't.
3:17:25 > 3:17:30Internal party management before the national interest, this country
3:17:30 > 3:17:40deserves better and we are offering it.Ken Clarke.I abstained on the
3:17:40 > 3:17:46second reading of this bill and I voted against the timetable motion,
3:17:46 > 3:17:49but I felt it was impossible to vote against the second reading because a
3:17:49 > 3:17:55bill of this kind, technical bill, certainly is required when we leave
3:17:55 > 3:17:59the European Union to avoid the legal hiatus which will otherwise
3:17:59 > 3:18:05occur and bring total uncertainty about what the law in this country
3:18:05 > 3:18:14actually is, and I abstained for many reasons which will become
3:18:14 > 3:18:20clear, and I found the bill goes far beyond its original purpose and its
3:18:20 > 3:18:26drafted in such a way that it tries to deprive Parliament of proper vote
3:18:26 > 3:18:34and say, if but I hope that will be corrected and I hope the government
3:18:34 > 3:18:37will listen to this debate and sees what is required and what is not.
3:18:37 > 3:18:44What I would like to touch on briefly, two features of this
3:18:44 > 3:18:48debate, the first is the repeal of the European Community 's act, and
3:18:48 > 3:18:53there are only two left in the House of Commons who were here when the
3:18:53 > 3:18:58European Community 's act was passed and I'm glad to say we are quite
3:18:58 > 3:19:01consistent, the member for balls over myself continue to vote against
3:19:01 > 3:19:05each other on all matters European -- balls over.
3:19:11 > 3:19:14I'm sure the whips can look forward to the member supporting them on
3:19:14 > 3:19:18most matters, where as I will be voting against them, not sure that
3:19:18 > 3:19:24will continue to be the place. But the Europeans community act was
3:19:24 > 3:19:27passed on a bipartisan basis which I have negotiate when I was then a
3:19:27 > 3:19:33young whip, that is Labour rebels supporting the majority of the
3:19:33 > 3:19:42Conservative Party to get us in. Libby say, I don't give its has --
3:19:42 > 3:19:47let me say, I don't dig it has turned out to be a harmful -- I
3:19:47 > 3:19:50don't think it is turned out to be a harmful bill at all, no one has
3:19:50 > 3:19:56sought to repeal it. The idea which is put forward that it has led to
3:19:56 > 3:20:02faceless grey Eurocrats producing vast quantities of awful legislation
3:20:02 > 3:20:07and red tape is one of the biggest myths of our time and I pay tribute
3:20:07 > 3:20:12to Nigel Farage's campaigning abilities, no doubt he's the most
3:20:12 > 3:20:17successful politician of my generation, he has persuaded a high
3:20:17 > 3:20:25proportion of the population that that is exactly how it runs. By all
3:20:25 > 3:20:31looking forward to having a bent bananas again. -- they are all. I
3:20:31 > 3:20:41for an election once where several my constituents were persuaded that
3:20:41 > 3:20:46the Eurocrats were about to abolish double-decker buses and it took some
3:20:46 > 3:20:50time to overcome this rather worrying belief. -- I fought an
3:20:50 > 3:21:01election. I will give way.His stand on this issue has been completely
3:21:01 > 3:21:06consistent for decades, but can he stand up before the House and
3:21:06 > 3:21:11justify staying within the common fisheries policy, on ecological,
3:21:11 > 3:21:18environmental and economic or social grounds?I look forward to seeing
3:21:18 > 3:21:24what a British fisheries policy is going to devise. The average
3:21:24 > 3:21:30fisherman I meet, they seem to believe that if we exclude foreign
3:21:30 > 3:21:36ships from our waters we can give up this scientific stuff about
3:21:36 > 3:21:39conserving scallops and they will no longer have any quotas, that is the
3:21:39 > 3:21:45usual argument but to me. Most British fish is sold in the EU, very
3:21:45 > 3:21:52important market it is inconceivable they could react to our firing their
3:21:52 > 3:22:02ships that are not buying the fish. -- drawing. -- throwing their ships
3:22:02 > 3:22:10out by not buying the fish we sell. I debated against my honourable
3:22:10 > 3:22:15friend, he is very sensible Brexiteer and we have more sane
3:22:15 > 3:22:19debates in village or is and we ever did in television and the radio in
3:22:19 > 3:22:23the referendum campaign, but he faced my question about what
3:22:23 > 3:22:30regulation would he repeal that a British government has opposed if we
3:22:30 > 3:22:35left the EU and he came out with a list of chemicals and pesticides
3:22:35 > 3:22:40which he thought the farmers in his constituency would look forward to
3:22:40 > 3:22:46using again, and I think he was on vulnerable ground. It is highly
3:22:46 > 3:22:50unlikely that this House would actually wish to repeal that
3:22:50 > 3:22:57legislation and that is because the British like high regulatory
3:22:57 > 3:23:03standards on product quality, health and safety. Consumer protection. The
3:23:03 > 3:23:11environment. Animal welfare. British governments during the highly
3:23:11 > 3:23:15successful 45 years in which we have been one of the leading influential
3:23:15 > 3:23:22players in the European Union have been the advocates of more
3:23:22 > 3:23:27regulation and higher standards and no British government actually has
3:23:27 > 3:23:38ever taken up the cause of deregulating in Europe.
3:23:38 > 3:23:44Now the Barroso commission and the wall is sensitive to public output
3:23:44 > 3:23:47and was sensitive to the regulatory commission and they gave it up. As
3:23:47 > 3:23:53one of the commissioners explain to me, they could not have any European
3:23:53 > 3:23:57governments, including the British garment, come forward with any
3:23:57 > 3:24:05deregulatory proposals. The vice president who is a very keen
3:24:05 > 3:24:10deregulatory, he was extremely anxious to get proposals. We tried
3:24:10 > 3:24:16to get some deregulatory proposals when they were growing coalition. No
3:24:16 > 3:24:22Government department could produce any. That particular department are
3:24:22 > 3:24:28anxious to repeal. The joy and that some people feel over the repeal of
3:24:28 > 3:24:35the European community act is, in my opinion... Splendidly disembodied.
3:24:35 > 3:24:41If anybody in my house knows each of the 1600 regulations in meticulous
3:24:41 > 3:24:48detail... Indeed.I also know and I just would like to challenge my
3:24:48 > 3:24:54honourable friend, the member for Rushcliffe, on his assertion which
3:24:54 > 3:24:59seems to suggest that he thinks that the manner in which the Council of
3:24:59 > 3:25:03ministers has been operating has been adequately democratic and
3:25:03 > 3:25:07transparent. Could he please explain to ours from his only the rains,
3:25:07 > 3:25:11which is expensive, how it does work? And would he like, in doing
3:25:11 > 3:25:18so, denied the fact it is done by closed doors for the most part and
3:25:18 > 3:25:22that it is done by consensus so no one knows how and when?Under the
3:25:22 > 3:25:28major Government, we introduced a process where council meetings would
3:25:28 > 3:25:31be held in public to add to these assertions because it is
3:25:31 > 3:25:37legislative. Council ministers do all public sessions and the decision
3:25:37 > 3:25:41was made to reach these in public. I suppose it goes on and I've lost
3:25:41 > 3:25:44touch. It doesn't amount to very much what I can reassure my
3:25:44 > 3:25:50honourable friend map the truth... Let me explain my answer. We try to
3:25:50 > 3:25:55tackle this criticism. What happened was that age of the 28 ministers
3:25:55 > 3:26:03gave a little speeches -- each of the 28 ministers. For national
3:26:03 > 3:26:07newspapers. In negotiating and discussion did not make much
3:26:07 > 3:26:09practical progress. What happened when you've got these public
3:26:09 > 3:26:15sessions over if you read into private sessions and try to
3:26:15 > 3:26:20negotiate to reach an agreement. I used to find the best business in
3:26:20 > 3:26:23the European councils was usually done over lunch...
3:26:23 > 3:26:28LAUGHTER I have attended more European
3:26:28 > 3:26:34Council than most people have. The lunches at the European councils
3:26:34 > 3:26:38with... Tended to be well reasonable understanding is well made.
3:26:38 > 3:26:44Governments made it clear when they opposed. What happened again after
3:26:44 > 3:26:48councils were over, with everyone gave a press conference. Slightly
3:26:48 > 3:26:51distressing habit for some of the ministers to give an account of what
3:26:51 > 3:26:56they had been staying at the Council to their assembled national press,
3:26:56 > 3:27:01which didn't in my opinion is very closely to what they had been saying
3:27:01 > 3:27:04inside the council. I regret to say some British ministers fell into
3:27:04 > 3:27:12that trap. British ministers and other nationalities had fiercely
3:27:12 > 3:27:18advocated regulating inside the council would hold a press
3:27:18 > 3:27:24conference describing a valiant efforts to block... Coming into
3:27:24 > 3:27:28answer, confirming some of my honourable friend's criticisms. The
3:27:28 > 3:27:32fact is most British governments, they made it clear what they
3:27:32 > 3:27:36opposed, what they didn't, had to come back here if they had a
3:27:36 > 3:27:41regulation detriment in the past to explain my head they had gone along
3:27:41 > 3:27:49with it. That is enough on the European Community act. Once, my
3:27:49 > 3:27:53honourable friend.I'm grateful for giving way. Would he agree that
3:27:53 > 3:27:59notwithstanding the reality is that we had this referendum and 52% voted
3:27:59 > 3:28:02we are leaving, so it is now absolutely imperative as much as
3:28:02 > 3:28:08they can now they all come together, we get this right and get the best
3:28:08 > 3:28:11deal, the best legislation to deliver that deal. Most importantly,
3:28:11 > 3:28:15we return sovereignty to this parliament and the parliament should
3:28:15 > 3:28:24have its proper meaningful vote and say, deal or no Deal.My honourable
3:28:24 > 3:28:28friend brings me back to the core of this debate and the important matter
3:28:28 > 3:28:31which will be disastrous if we don't get it right which is this question
3:28:31 > 3:28:37of how precisely does this they'll set up the timing of that departure
3:28:37 > 3:28:42and how it will take place. I will in a second, I'm trying to be brief,
3:28:42 > 3:28:47I can assure you. Can I make my point in 1's? It is actually an
3:28:47 > 3:28:55extremely serious point. Bat can I make my point once? This technical
3:28:55 > 3:29:00bill to stop this illegal hiatus. It saw no reason to put any reference
3:29:00 > 3:29:07to our departure date from the union in it. Their reason... There was no
3:29:07 > 3:29:14reason to be kidding. Article 50 supporters, despite my vote against,
3:29:14 > 3:29:21by a large majority of the House of Commons, sets the date in March the
3:29:21 > 3:29:2929th, 2019. The whole Bill proceeded on that basis. Suddenly, in your
3:29:29 > 3:29:35last few days, partly in response to the amendment of the members of
3:29:35 > 3:29:38Birkenhead. The governments suddenly produced most precise and amendments
3:29:38 > 3:29:46tying down our departure to the second. With great respect to the
3:29:46 > 3:29:50member for Birkenhead, his amendment could easily have been defeated. If
3:29:50 > 3:29:53the Labour Party would have voted against it, I could have voted
3:29:53 > 3:29:57against it for what it's worth, neoliberals. Even the Government,
3:29:57 > 3:30:01the Government tried to apply whips get carried. If they'd been foolish
3:30:01 > 3:30:05enough to do that, they would have had a job getting a majority for the
3:30:05 > 3:30:12honourable member for Birkenhead so I don't think despite his formidable
3:30:12 > 3:30:17oratory, the honourable member that cause them to bring it forward. What
3:30:17 > 3:30:22happened was they try to make a concession to the more moderate
3:30:22 > 3:30:28members of the backbenchers on this site by conceding the obvious common
3:30:28 > 3:30:33sense that we are going to have to have a meaningful, lawful vote on
3:30:33 > 3:30:38whatever deal is produced and we are going to have to have legislation to
3:30:38 > 3:30:40actually move through the final period. It's not a great concession.
3:30:40 > 3:30:44With great respect to what we discovered the other day, they
3:30:44 > 3:30:47haven't quite got it right yet because all these great processes
3:30:47 > 3:30:51have to take place after we were already left, particularly if the
3:30:51 > 3:30:56Government's amendments are passed, which increases that risk. Having
3:30:56 > 3:31:03made what might have been seen by some as a dreadful concession, a
3:31:03 > 3:31:07concession of all people to my honourable friend, the member from
3:31:07 > 3:31:11Beaconsfield, and my honourable friend the member from Broxton,
3:31:11 > 3:31:15shock, horror, what kind of press was that going to bring? What kind
3:31:15 > 3:31:26of reaction from the Forth Road below the gangway? -- from the
3:31:26 > 3:31:30fourth row. Someone is urged to bring something that we can bring to
3:31:30 > 3:31:33the Secretary and produced this ridiculous and in print but it is
3:31:33 > 3:31:40not just ridiculous and unnecessary, it could be positively harmful to
3:31:40 > 3:31:50the national interest. These negotiations... I'll give way.I
3:31:50 > 3:31:52thank the honourable gentleman are giving way. Isn't it fortunate
3:31:52 > 3:31:55higher birth despite what he just said that the gunmen have time to
3:31:55 > 3:32:00rethink this? Because my honourable friend's amendment is already making
3:32:00 > 3:32:05the Government opposed to day as well the opposition, it does not get
3:32:05 > 3:32:08considered until the eighth day of committee therefore is there not
3:32:08 > 3:32:15ample time for the Government without losing face to listen to the
3:32:15 > 3:32:17words of the honourable gentleman with the good sense of the word he's
3:32:17 > 3:32:23making and withdraw the amendment?A will not try to emulate the
3:32:23 > 3:32:28eminently sensible advice of the honourable member. By the time they
3:32:28 > 3:32:33have to concede this but I trust they will, then it will have been
3:32:33 > 3:32:37forgotten the odd circumstances by which it was produced and he sums up
3:32:37 > 3:32:42the situation. It is quite unnecessary to actually close down
3:32:42 > 3:32:46our options as severely as they are with this amendment when they don't
3:32:46 > 3:32:51know yet. When it is perfectly possible on all precedents that
3:32:51 > 3:32:56there is a mutually beneficial European and British need to keep
3:32:56 > 3:33:00the negotiations going for a time longer to get them settled and not
3:33:00 > 3:33:05to fall into the problems that this Bill is designed for. I will
3:33:05 > 3:33:08conclude now and I apologise to my honourable friend but there are
3:33:08 > 3:33:12other things that have come up which are actually important and we need
3:33:12 > 3:33:16to be returning and will return to them many times in the course of
3:33:16 > 3:33:22this actual bill's committee stage. The whole question of the obvious
3:33:22 > 3:33:26need for a transition stage and the obvious need for a transition stage
3:33:26 > 3:33:34to continue with our relationship on its present terms and until the new
3:33:34 > 3:33:39terms have been clarified and business can run smoothly, that have
3:33:39 > 3:33:43to be reflection in every word of this bill and we must not seek to
3:33:43 > 3:33:49put obstacles. The foreign speech was a most -- the Florence speech
3:33:49 > 3:33:53was the only significant step forward. The British have so far
3:33:53 > 3:33:59taken in the whole negotiating process. I don't know, I suspect
3:33:59 > 3:34:02that I don't know whether there are members of the bill whose main
3:34:02 > 3:34:07effort devoted to trying to step back again from the Florence speech
3:34:07 > 3:34:10but just in case, I hope the Government will welcome all attempts
3:34:10 > 3:34:17to group the Florence speech and its content onto the face of this bill.
3:34:17 > 3:34:22I hope we won't have the necessary detailed discussions which this
3:34:22 > 3:34:28debate has just held first interfered with or shorts down in
3:34:28 > 3:34:37the criticisms by people saying, oh, you are remoaners and trying to
3:34:37 > 3:34:41reverse democracy, you have been instructed by the people to leave
3:34:41 > 3:34:44Euratom, you been instructed by the people to reject the European Court
3:34:44 > 3:34:50of Justice. The question... The referendum which I have no time for
3:34:50 > 3:34:55referendums personally, but the referendum certainly settled that
3:34:55 > 3:34:58the majority wanted to leave the European Union. It settled and
3:34:58 > 3:35:09nothing else. As nobody expected leave to win, including the leave
3:35:09 > 3:35:14campaign, who would have taken no notice of the referendum had they
3:35:14 > 3:35:21lost it, nobody actually paid any attention to what leaving actually
3:35:21 > 3:35:25meant in these practical, legal, economic policy, business terms
3:35:25 > 3:35:33which it is the duty of this house to debate. We had no instructions
3:35:33 > 3:35:37with anybody mentioning problems of trade, investment, jobs, which are
3:35:37 > 3:35:43only part of the problem although our hugely important waved away by
3:35:43 > 3:35:48leave campaigners, the leading leave campaigners. The present Foreign
3:35:48 > 3:35:53Secretary dismissed all of that, politics of fear, Craig would carry
3:35:53 > 3:35:58on just as before. Investment would flow just as before. -- trade would
3:35:58 > 3:36:05carry on. That is what the public were told as most believed which
3:36:05 > 3:36:08ever way they eventually voted. Even the Foreign Secretary is going to
3:36:08 > 3:36:11have to read his brief and study the basis of which international trade
3:36:11 > 3:36:16is conducted in the modern, globalised economy and we are going
3:36:16 > 3:36:24to have two avoid a House of Commons which universally expresses belief
3:36:24 > 3:36:28in free trade and quite needlessly putting protectionist barriers by
3:36:28 > 3:36:36way of tariffs are weight of customs procedures, by way of regular Tory
3:36:36 > 3:36:40conditions, between ourselves and our biggest and most important
3:36:40 > 3:36:48market in the world. -- regulatory conditions. I have listened to him
3:36:48 > 3:36:51and enjoyed listening and debating with him for many years on the
3:36:51 > 3:36:57subject full but they now represent orthodoxy, party loyalty and now
3:36:57 > 3:37:01argues there was too much parliamentary debate and that we
3:37:01 > 3:37:04shouldn't have vote on this, it's all been settled by the voice of the
3:37:04 > 3:37:12people, I and the rebel. -- I am in the rebel and despise the policies
3:37:12 > 3:37:15of the Conservative Party that I have followed for 50 years of mine
3:37:15 > 3:37:20budget of it until he had a referendum 18 months ago and I have
3:37:20 > 3:37:26not yet seen the light but he and I remain consistent but probably each
3:37:26 > 3:37:30of us wrong. In the course of it, there are some very, very serious
3:37:30 > 3:37:34issues to be settled in this Bill and I have the Government to
3:37:34 > 3:37:36reconsider silly and amendment is thrown out because they have a good
3:37:36 > 3:37:52article in the Daily Telegraph which actually might do harm.
3:37:52 > 3:37:58Thank you, Madam Deputy Speaker. It is a privilege to follow the right
3:37:58 > 3:38:03honourable member. I welcome the applause on the Labour Party
3:38:03 > 3:38:13benches. Some of them. Over the weekend we passed the halfway mark
3:38:13 > 3:38:17between the EU referendum and actually leaving the European Union.
3:38:17 > 3:38:22It is difficult to argue that over those 500 plus days that we have
3:38:22 > 3:38:26spent that time well and that the government has a clearer idea on
3:38:26 > 3:38:32where we are. That the votes that were made by the minister and his
3:38:32 > 3:38:39colleagues in Vote Leave have come to reality or any nearer to when
3:38:39 > 3:38:44they made those promises, we are no Nirat to the post Brexit utopia we
3:38:44 > 3:38:50were promised -- we are no closer. Those looking back on this debate in
3:38:50 > 3:38:57years to come will also look back on these debates with a sense of
3:38:57 > 3:39:04bewilderment. Not only has this Parliament set to approve a bill
3:39:04 > 3:39:08which most members think is a bad idea, but most members think leaving
3:39:08 > 3:39:15the EU is a bad idea, but we are also being asked to make significant
3:39:15 > 3:39:21changes with an extraordinary depository of information like no
3:39:21 > 3:39:24other piece of legislation might be forced through on such little
3:39:24 > 3:39:31information. It is astonishing that 500 days on, the government remains
3:39:31 > 3:39:35clueless about the impact of its plans and we have still not seen the
3:39:35 > 3:39:39impact assessments that this Parliament voted for, and that we
3:39:39 > 3:39:44were promised. This would have been quite useful ahead of this debate
3:39:44 > 3:39:51today, actually. Had this government been listing to Parliament. --
3:39:51 > 3:39:57listening. All of this by members opposite who wanted to bring back
3:39:57 > 3:39:59decision-making and power and so-called sovereignty to the House
3:39:59 > 3:40:08of Commons. What is clear, after all this time, either the impact
3:40:08 > 3:40:10assessments are being hurriedly rushed together right now or they
3:40:10 > 3:40:18are too feared to share them, too scared. Last night's botched efforts
3:40:18 > 3:40:22to win support illustrates the desperate situation in which the
3:40:22 > 3:40:28government and this Parliament finds itself. We have been given a choice
3:40:28 > 3:40:33that we could actually approve a really bad deal or we can approve a
3:40:33 > 3:40:37really really bad deal, that is no choice at all, and one we should
3:40:37 > 3:40:43avoid at all costs. The right honourable member raised an
3:40:43 > 3:40:45important point about promises that were made and there is a point about
3:40:45 > 3:40:54accountability. Good governance in any Parliament in any legislature
3:40:54 > 3:40:57relies on being accountable, it is the whole idea of why those of us
3:40:57 > 3:41:03from Scotland travel down and why those from out side the UK come here
3:41:03 > 3:41:12to hold the government to account, -- why those from around the UK come
3:41:12 > 3:41:19here. Parliamentary control of the executive was laid out so that
3:41:19 > 3:41:23government could not sideline this place, and with the government be in
3:41:23 > 3:41:31its current pickle if the bill had been passed. Accountability is sadly
3:41:31 > 3:41:39lacking here. Parliamentary can -- control should go deeper, and all of
3:41:39 > 3:41:43us should be accountable for the commitments we make ahead of any
3:41:43 > 3:41:47election and ahead of any referendum. We should all do our
3:41:47 > 3:41:51best to implement the manifesto on which we were elected, regardless of
3:41:51 > 3:41:55how much we disagree with each other, we have our responsibility to
3:41:55 > 3:42:11our people and we are accountable to them. I'm left with a quandary. If
3:42:11 > 3:42:17this place is accountable, who is accountable to provide £350 million
3:42:17 > 3:42:22a week to the NHS? The government denied it for the who is
3:42:22 > 3:42:29accountable. Who is accountable for saying Scotland would get new powers
3:42:29 > 3:42:37over immigration? If only the EU have been successful in getting rid
3:42:37 > 3:42:41of double-decker buses, you wouldn't have so many promises to splash
3:42:41 > 3:42:47across the sides. I will take an intervention over the
3:42:47 > 3:42:57accountability.I'm grateful for the member giving away. -- way. Would he
3:42:57 > 3:43:05like to add to the comments, like one from Dan Hannan, don't worry,
3:43:05 > 3:43:13you can vote for Leave, because we will stay in the singles -- single
3:43:13 > 3:43:19market and the customs union.That is a very good point. I would like
3:43:19 > 3:43:24to quote the lead of the Scottish Conservatives, the problem is with
3:43:24 > 3:43:28quoting her directly, I'm going to have to paraphrase what she said
3:43:28 > 3:43:34because I read out the quote I would be held out of order in this place.
3:43:34 > 3:43:39She said, and I have to paraphrase, she called into question the
3:43:39 > 3:43:45voracity of claims on costs in terms of the EU and claims made by people
3:43:45 > 3:43:51in government on the EU membership of Turkey and on the EU army, as
3:43:51 > 3:43:56well, and I cannot quote Haidara otherwise I would find myself in
3:43:56 > 3:44:04bother -- I cannot quote her direct. Is he aware of the work done by
3:44:04 > 3:44:08economist for free trade which is 350 million promised to the NHS is
3:44:08 > 3:44:12fundable and is here the agreement yesterday at the European Union a
3:44:12 > 3:44:19European army? Both of these things can easily be answered. -- of a
3:44:19 > 3:44:25European army.If only they had seen your talent but you could have been
3:44:25 > 3:44:30in government, implementing these changes. I look forward to the
3:44:30 > 3:44:34conversation that we have as we passed the same lobbies together
3:44:34 > 3:44:39when we sit to get the health funding that was promised by those
3:44:39 > 3:44:47who are now in government.The man from North East Somerset does have
3:44:47 > 3:44:52his supporters, and they were retweeting the speech he made which
3:44:52 > 3:44:59called for a race to the bottom, low regulation Britain.Excellent point.
3:44:59 > 3:45:12The honourable members and I might not agree on much, Ruth Davidson and
3:45:12 > 3:45:15myself might not agree on much, but she was right that we deserve the
3:45:15 > 3:45:20truth. That this place deserves the truth and accountability over the
3:45:20 > 3:45:24promises that were made. I'm wondering if the minister who is in
3:45:24 > 3:45:28this place who was making these promises on behalf of Vote Leave
3:45:28 > 3:45:31will address that and tell us what is going to happen about these
3:45:31 > 3:45:39promises. These promises were made to the people before they voted and
3:45:39 > 3:45:49he has a responsibility on that. Will the member agree that people
3:45:49 > 3:45:53voted to leave the EU because they voted for a better future, they did
3:45:53 > 3:45:58not vote for Brexit at any cost including the cost of democracy.I
3:45:58 > 3:46:04will take one more intervention. And then I will make progress.I hope
3:46:04 > 3:46:14the gentleman will read the report which called into question those
3:46:14 > 3:46:29claims and their voracity on both sides of the campaign.If only he
3:46:29 > 3:46:31had stopped them putting that on the side of a bus, this is
3:46:31 > 3:46:38extraordinary. These who voted gonna are ministers now, they have got to
3:46:38 > 3:46:48take responsibility -- those who voted leave, they are ministers now
3:46:48 > 3:46:53and they have got to take responsibility. If labour got into
3:46:53 > 3:46:55government, they would want them to live up to their promises and take
3:46:55 > 3:47:00responsibility. This is the question, on any future referendum,
3:47:00 > 3:47:05we free to say whatever we like because there will be no one to be
3:47:05 > 3:47:13held account for what happened afterwards, surely members must
3:47:13 > 3:47:19recognise, on also I've, the damage that has been done to politics as a
3:47:19 > 3:47:25whole by the promises that were made by Vote Leave -- on both sides. This
3:47:25 > 3:47:29is one of the many reasons why deserves to fall, this bill, at the
3:47:29 > 3:47:35border compromise and the member for Birkenhead made this point, we need
3:47:35 > 3:47:39to have compromise in a Parliament of minorities, it is almost a year
3:47:39 > 3:47:42since the Scottish Government published its comprise that would
3:47:42 > 3:47:50have seen us remain part of the single market. Leaving the EU is
3:47:50 > 3:47:53something I wanted and not something that my constituents voted for and
3:47:53 > 3:47:58not something that my nation voted for bubbly nature of compromise is
3:47:58 > 3:48:04one of give and take. -- but the nature. Remaining part of the single
3:48:04 > 3:48:08market came from experts because we still listen to experts on this side
3:48:08 > 3:48:14of the house. It was one that was taken by members of other political
3:48:14 > 3:48:17parties, one that was pushed by the Secretary of State for Scotland and
3:48:17 > 3:48:20the leader of the Scottish Conservatives as well. That we
3:48:20 > 3:48:23should remain part of the single market, and I would urge members to
3:48:23 > 3:48:32look at that deal. Amendment 69, instead of having us crashing out of
3:48:32 > 3:48:34the European Union, would have us retaining membership of the EU until
3:48:34 > 3:48:39we sort this out. It is important we are backing Amendment 79 tonight,
3:48:39 > 3:48:45because it is important that democracy does not begin and end in
3:48:45 > 3:48:48this place and the devolved administrations should have a key
3:48:48 > 3:48:55role as we go along, we are now in a situation where no deal is becoming
3:48:55 > 3:48:58more and more of a reality, and I will touch upon that in my
3:48:58 > 3:49:02concluding remarks.In the referendum campaign the former
3:49:02 > 3:49:05Chancellor said if we leave the European Union we would be leaving
3:49:05 > 3:49:09the single market, it was made explicit, but he has spoke about
3:49:09 > 3:49:16future referenda, and he would like a second referendum in Scotland,
3:49:16 > 3:49:23should the Scottish people vote in the referendum, 52%, 48%, to leave
3:49:23 > 3:49:26the UK, will he be arguing for a third referendum after much
3:49:26 > 3:49:32discussion?This is extraordinary. Something the Scottish Government
3:49:32 > 3:49:38dead before the independence referendum, they produced a White
3:49:38 > 3:49:46Paper -- did before. Members here did not agree with it and she
3:49:46 > 3:49:49campaigned and I respect her for campaigning to vote no, but we have
3:49:49 > 3:49:55the courage of our convictions to lay out what we stood for. The mess
3:49:55 > 3:49:59we are in today is because this side of the house does not have the
3:49:59 > 3:50:02courage of their convictions to lay out what voting leave would mean.
3:50:02 > 3:50:13And that means a no deal would mean 80,000 jobs gone, cities like
3:50:13 > 3:50:17Aberdeen and Edinburgh losing billions and the impact on rural
3:50:17 > 3:50:22areas, as well. And on security issues, I welcome what the Prime
3:50:22 > 3:50:29Minister said, we would lose access to the EU's security databases,
3:50:29 > 3:50:32combating cross-border crime with a no deal situation, that is grossly
3:50:32 > 3:50:40irresponsible.May I just say, from the perspective of Northern Ireland,
3:50:40 > 3:50:45no deal would be absolutely disastrous. It would mean inevitably
3:50:45 > 3:50:51a hard border and for those of us who have grown up in Northern
3:50:51 > 3:50:56Ireland through 32 years of violence, killing and mayhem, are
3:50:56 > 3:51:00not prepared to sit here and allow this House to go down the route of
3:51:00 > 3:51:05no deal which endangers people, UK border officials, along the border,
3:51:05 > 3:51:12it is imperative that we have a deal.I would like to thank you, and
3:51:12 > 3:51:16I think members on all sides of this House would do well to listen to the
3:51:16 > 3:51:20words of the honourable lady. Northern Ireland was fastly
3:51:20 > 3:51:27overlooked and continues to be overlooked. One thing that concerns
3:51:27 > 3:51:33me and should concern members on all sides, we have a no deal scenario
3:51:33 > 3:51:36and ministers playing Russian roulette with our futures, with the
3:51:36 > 3:51:41future of people in Northern Ireland and across the UK, the slash and
3:51:41 > 3:51:46burn approach to politics which will profit absolutely nobody whatsoever.
3:51:46 > 3:51:53I will conclude with this, order us may disagree on many issues -- all
3:51:53 > 3:51:59of us. But we come to this place, doing so hoping we will leave the UK
3:51:59 > 3:52:05that bit better off, and I respect members who try to do this. By
3:52:05 > 3:52:10backing this with this level of lack of preparedness, we do no such thing
3:52:10 > 3:52:15to leave future generations better off. So weak are the demands of
3:52:15 > 3:52:19those who backed leaving the EU, I've heard them not so much on the
3:52:19 > 3:52:26SNP benches, but I've heard them tackle Labour and Conservative
3:52:26 > 3:52:28colleagues are questioning why they are trying to put down amendments
3:52:28 > 3:52:32instead of challenging them on the substance of the amendment that we
3:52:32 > 3:52:37are putting down. We will seek to amend this bill as it goes through
3:52:37 > 3:52:39and we will seek to find common cause with colleagues from across
3:52:39 > 3:52:45the house.
3:52:45 > 3:52:48However we know that if we do achieve what we are trying to rip we
3:52:48 > 3:52:52do reach common ground is to make the situation not better but less
3:52:52 > 3:52:55bad.That is not a situation which any member should ever find
3:52:55 > 3:53:00themselves in when they come to this house. Madam Deputy Speaker, I would
3:53:00 > 3:53:04urge members to reconsider and urge the governments to press the reset
3:53:04 > 3:53:08cause. There was far more at stake than the future of this Government
3:53:08 > 3:53:12or indeed the future any with the members of this house. Thank you for
3:53:12 > 3:53:23your time.I would like to start, Madam Deputy Speaker, by simply
3:53:23 > 3:53:26explaining why it is so important, contrary to what the honourable
3:53:26 > 3:53:31gentleman has just spoken suggested, that far from weak arguments as to
3:53:31 > 3:53:37why not we should leave the EU and why we should repeal the European
3:53:37 > 3:53:40Communities Act 1972, why it is so absolutely essential that we do so
3:53:40 > 3:53:46if we are going to have a self-respecting, self-governing,
3:53:46 > 3:53:51democratic country. This Bill, this whole issue is about one main
3:53:51 > 3:53:55question and the word is democracy. It is also from which everything
3:53:55 > 3:54:00else necessarily flows all the economic arguments, all the
3:54:00 > 3:54:03questions relating to trade and the other matters are all ultimately
3:54:03 > 3:54:10dependent upon the question of whether or not we have the right to
3:54:10 > 3:54:15govern ourselves in this sacred House of Commons which is the basis
3:54:15 > 3:54:21on which the people of this country in general elections make decisions
3:54:21 > 3:54:25of their own free choice, whether it is to vote for the Labour Party or
3:54:25 > 3:54:31the Liberal Democrats or the FNP or the Conservative Party, and then to
3:54:31 > 3:54:36make a decision in this house. -- or the SNP. As to how they're going to
3:54:36 > 3:54:41be governed. I will repeat what I have said. We have just had
3:54:41 > 3:54:45Remembrance Day. I don't people to reflect on the fact that for one
3:54:45 > 3:54:50moment, they might just recall the fact that those millions of people
3:54:50 > 3:54:55who died in both world Wars died for a reason. It was to do with
3:54:55 > 3:55:01sustaining the freedom of democracy of this house.I will certainly give
3:55:01 > 3:55:11way.Who are you giving way to? Doesn't democracy presumably
3:55:11 > 3:55:14Government would listen to the will of the House of Commons who are
3:55:14 > 3:55:17individually elected by their representatives? Their
3:55:17 > 3:55:21constituencies? Would not be slightly odd however if he were to
3:55:21 > 3:55:28pursue with this bill without taking at the Henry VIII Palace?Simply,
3:55:28 > 3:55:33this house decided in the European referendum act which was a sovereign
3:55:33 > 3:55:36act of this house and that is the point the honourable gentleman just
3:55:36 > 3:55:44has made, to decree by six to one in this House of Commons that he would
3:55:44 > 3:55:50deliberately transfer decisions of whether to leave or remain in the
3:55:50 > 3:55:55European Union treaty people. I do not believe it is given for us then
3:55:55 > 3:56:01without repealing that act to be able then to read journal the
3:56:01 > 3:56:03decisions in this house as to whether or not we leave or continue
3:56:03 > 3:56:07but I will give way to the honourable gentleman.He has made
3:56:07 > 3:56:15some references to the millions of people who died in two world wars.
3:56:15 > 3:56:20Isn't the fact that those two will was to place before the existence of
3:56:20 > 3:56:24the European Union and the fact that we in Europe have lived in this
3:56:24 > 3:56:30country and in Germany, France for decades in peace, is that not
3:56:30 > 3:56:34because of France and Germany, and other countries, now being in a
3:56:34 > 3:56:38position of never, ever letting it go to war because of the European
3:56:38 > 3:56:43Union?The ads are to be honourable gentleman is that no two democracies
3:56:43 > 3:56:46have ever gone to war with one another and if I made declare an
3:56:46 > 3:56:50interest, I do take a general interest in this because my own
3:56:50 > 3:56:54father was killed in Normandy fighting for this country and I'm
3:56:54 > 3:56:57proud of the fact he got the military Cross in Normandy for that
3:56:57 > 3:57:03reason. -- we got the military Cross in Normandy. I believe many people
3:57:03 > 3:57:08outside in this country really understand and believe, it's not
3:57:08 > 3:57:12just something which is easy to explain. It is to do with the fact
3:57:12 > 3:57:17that people understand the real reasons why self-government is so
3:57:17 > 3:57:23important and this particular proposal of the European community
3:57:23 > 3:57:30act 1972 which we are now repealing was the greatest power grabs since
3:57:30 > 3:57:34Oliver Cromwell. The fact is that we did this in 1972 with good
3:57:34 > 3:57:41intentions. I voted yes in 1975 and I did it because I believed that for
3:57:41 > 3:57:44the sort of reason the honourable gentleman has mentioned, that it
3:57:44 > 3:57:48would actually create a stability in the European Union. The problem is
3:57:48 > 3:57:51it has done exactly the opposite. Look at all the countries throughout
3:57:51 > 3:57:56the European Union and the grass roots movement that have taken
3:57:56 > 3:58:00place. The rise of the far right which I deeply at all which I have
3:58:00 > 3:58:09opposed innocence about the matter and rebellion back in 1990. -- I did
3:58:09 > 3:58:14set out why I was so opposed to that treaty because it was creating
3:58:14 > 3:58:17European governments and making this country ever more subservient to the
3:58:17 > 3:58:23rule-making of the European Union which, as I said in response to the
3:58:23 > 3:58:26Right Honourable member for Rushcliffe, has been conducted in a
3:58:26 > 3:58:30manner which has been behind closed doors. We have been shackled by the
3:58:30 > 3:58:36European wars. The act at one point in his remarks if we could give one
3:58:36 > 3:58:41example. -- shackled by the European laws. -- the Ascot at one point. I
3:58:41 > 3:58:46give one good one, in the House of Commons, we are not allowed to make
3:58:46 > 3:58:49any difference to it. It was opposed by the Government, opposed by the
3:58:49 > 3:58:54opposition, opposed by all the employers and opposed by the trade
3:58:54 > 3:58:58unions. What can we do about it? Absolutely nothing. I will come onto
3:58:58 > 3:59:09that in a minute but I give way. Very grateful to my honourable
3:59:09 > 3:59:14friend for giving way to me. Would he agree that once Parliament has
3:59:14 > 3:59:20passed, the repeal of the 1972 act, ministers will -- once the
3:59:20 > 3:59:25parliament has passed the repeal of the 1972 act, ministers will not
3:59:25 > 3:59:28have to do the many things the European Union insists on which the
3:59:28 > 3:59:34parliament cannot discuss or overturn?And there are at least
3:59:34 > 3:59:4012,000 if not more regulations. Every one of which will have
3:59:40 > 3:59:45required a whole act of Parliament with amendments and stages in both
3:59:45 > 3:59:48houses where the transcript was available, where people had known
3:59:48 > 3:59:53who voted which way and by, and in addition to that, what the outcome
3:59:53 > 3:59:58actually was in a democratic process. Instead of which, as I said
3:59:58 > 4:00:01to my honourable friend from Rushcliffe and even he conceded the
4:00:01 > 4:00:08fact that I was right on this, it is done at these lunches and in the
4:00:08 > 4:00:14Council of ministers in a manner which is really completely lacking
4:00:14 > 4:00:17in democratic legitimacy and yet because of the consent arrangements
4:00:17 > 4:00:22behind closed doors, it ends through section two of the communities act
4:00:22 > 4:00:28becomes part of our law. It is imposed upon us by on voluntary
4:00:28 > 4:00:32consent therefore it is up to either the people of this country to decide
4:00:32 > 4:00:36by their voluntary consent, their freedom of choice, that they will
4:00:36 > 4:00:41get out of this just as it was brought in by a factor parliament
4:00:41 > 4:00:44about the referendum in 1972. I will certainly give way to the honourable
4:00:44 > 4:00:54lady.A bank in forgiving way. Have the member shown just some
4:00:54 > 4:00:56misunderstanding on participate we democracy rather than one country
4:00:56 > 4:01:01dictating to another, this is the whole spirit of the European Union.
4:01:01 > 4:01:07Not one country that is sovereign, it is decided in the round of what
4:01:07 > 4:01:15we are going to take folic.That they disillusioned. I been endless
4:01:15 > 4:01:21hours for many years and I have been in the European Commission for 32 of
4:01:21 > 4:01:26them. -- in this house. I can assure you with what she said is not
4:01:26 > 4:01:32reflected by the practice of the European Union. It is a system which
4:01:32 > 4:01:34is essentially undemocratic but I'm happy to give way to the honourable
4:01:34 > 4:01:40lady.And very grateful for the honourable member giving way. Does
4:01:40 > 4:01:44he not feel that there was a sense of irony that all 12,000 EU
4:01:44 > 4:01:51regulations are now going to be imported into UK law? And under a
4:01:51 > 4:01:55process which is not going to have the detailed scrutiny of this house
4:01:55 > 4:02:05because it is going to use Henry VIII Palace to do it?-- Henry VIII
4:02:05 > 4:02:09powers. The honourable lady might realise there is no other way of
4:02:09 > 4:02:13transposing the regulation. I drafted the original repeal Bill, I
4:02:13 > 4:02:15understand very well. I did so before the referendum because I
4:02:15 > 4:02:18believed that you are going to win, I may say to my honourable friend.
4:02:18 > 4:02:24The frugality is that it is a process whereby bringing it into UK
4:02:24 > 4:02:32law, we will then, for example agriculture, fisheries, customs and
4:02:32 > 4:02:35various other part of our constitutional arrangements, we will
4:02:35 > 4:02:39have our own Bill I primary legislation which will be popularly
4:02:39 > 4:02:43discussed on immigration for example and he will be able to make
4:02:43 > 4:02:46adjustments accordingly. I certainly well. Yellow backpack to forgiving
4:02:46 > 4:02:49way, with my honourable friend agree groovy that every single one of
4:02:49 > 4:02:53those regulations coming into UK law are already applied by violence
4:02:53 > 4:02:59country and is Parliament?And to the satisfaction at the moment?The
4:02:59 > 4:03:04reality is that we have in fact incorporated this bill if and when
4:03:04 > 4:03:09it goes through, and I believe it will, by this method is that the
4:03:09 > 4:03:12honourable member has mentioned on the basis of our consent. We have
4:03:12 > 4:03:17agreed to those but unfortunately it does not have the democratic
4:03:17 > 4:03:21legitimacy which will be conferred upon it when this bill goes through.
4:03:21 > 4:03:26I worried because I just want to proceed with the basis on which the
4:03:26 > 4:03:37importance that I attach to the principle of the question of the
4:03:37 > 4:03:43European Court of Justice. I made this point to the Prime Minister ten
4:03:43 > 4:03:47days ago and again to the Secretary of State for Brexit the week before
4:03:47 > 4:03:54and it is this. In the case of we inherited these cases by virtue of
4:03:54 > 4:03:58the European Community 's act 1972 when the treaties which were then
4:03:58 > 4:04:03accumulated since 1956 came upon pass through section two of the
4:04:03 > 4:04:09European Communities Act. One of the pieces of case law and there are two
4:04:09 > 4:04:14in particular I just mentioned, many others but I will just mention two
4:04:14 > 4:04:21maybe three, there was 1963 and one in 1964. I will quote from the
4:04:21 > 4:04:28judgment of the European Court. What it says is this, in relation to the
4:04:28 > 4:04:32one in 1953, the unity constitutes a new legal order in international law
4:04:32 > 4:04:36for whose benefit the states have limited the sovereign rights. In
4:04:36 > 4:04:43course that in 1964, the court says the transfer by the states from the
4:04:43 > 4:04:47domestic legal system to the treaty 's legal system of rights and
4:04:47 > 4:04:50obligations arising under the treaty carries with it a granite limitation
4:04:50 > 4:04:58of their sovereign rights. In 1970, in another case, the European Court
4:04:58 > 4:05:02said the committee law should take precedence even over the
4:05:02 > 4:05:07constitutional laws of the member states, including in basic
4:05:07 > 4:05:10intentional laws relating to fundamental rights. You cannot get
4:05:10 > 4:05:15more profound than that. They are effectively stating, and by the way,
4:05:15 > 4:05:19they do this as an assertion within that court and we, because of
4:05:19 > 4:05:23section three of the European Communities Act, have set under the
4:05:23 > 4:05:2872 act that we will agree to abide by those decisions which are mere
4:05:28 > 4:05:33assertions by the European Court. I will give way.Will my honourable
4:05:33 > 4:05:39friend agree that all treaties give up sovereignty, and in sovereignty
4:05:39 > 4:05:47by joining the United Nations and Nato? So far as the European Court
4:05:47 > 4:05:49has existed for treaty rights, including operations on an
4:05:49 > 4:05:55amendment, Darcy Ripoll --. He recalled perhaps the most important
4:05:55 > 4:05:59one of all time many British governed whenever, to the European
4:05:59 > 4:06:03sentiment to assert our treaty rights to the City of London and our
4:06:03 > 4:06:07financial services industry could have a passport to financial
4:06:07 > 4:06:11services within the Eurozone? It was worth thousands of jobs and ensure
4:06:11 > 4:06:15the benefit of that court of upholding treaty rights like most
4:06:15 > 4:06:21important treaty rights of the United Kingdom.I also remember
4:06:21 > 4:06:24another case to the judge in question, Northbridge, made it clear
4:06:24 > 4:06:30that by the voluntary consent, we would actually strike down our own
4:06:30 > 4:06:35acts of parliament by virtue of the 72 act, namely the merchant shipping
4:06:35 > 4:06:44act 1988. So, we are in the position and I am not engaged in trying to
4:06:44 > 4:06:49the end anyway disingenuous about this. The fact is that this
4:06:49 > 4:06:51particular European Communities Act 1972 empowers European Court to
4:06:51 > 4:06:57strike down UK acts of Parliament and that is what the sovereignty is
4:06:57 > 4:07:06all about. They are the void that I need to make is that... I will give
4:07:06 > 4:07:08way. Girl-mac the honourable gentleman was talking about
4:07:08 > 4:07:13sovereignty and the bowling of sovereignty.The member of
4:07:13 > 4:07:17Rushcliffe made a point that the pooling of sovereignty... Moving
4:07:17 > 4:07:21forward to the future for more and new trade deals, how will he achieve
4:07:21 > 4:07:27a new trade deals without sovereignty? -- without this leading
4:07:27 > 4:07:30sovereignty? All trade deals require that as said by the members
4:07:30 > 4:07:35Rushcliffe.I must say to the honourable gentleman and the member
4:07:35 > 4:07:39of Rushcliffe there is a world of difference to having agreements by
4:07:39 > 4:07:44virtue of treaties in international law which actually are matters upon
4:07:44 > 4:07:50which you can make your decisions about being absorbed into, and
4:07:50 > 4:07:54entangled into a legal order. That is the difference. It is the
4:07:54 > 4:08:00packaging unit air and its principles which completely
4:08:00 > 4:08:03undermine the sovereignty of the south and I'm prepared to concede
4:08:03 > 4:08:06that some people, sure my honourable friend will be making this point but
4:08:06 > 4:08:11I will try to anticipate it. There are circumstances in which pooling
4:08:11 > 4:08:16of sovereignty by virtue of for example Nato and the rest of it are
4:08:16 > 4:08:21claimed to be a genuine pooling but they are not because you can
4:08:21 > 4:08:24withdraw from it. The whole point about the European Communities Act
4:08:24 > 4:08:28is that you cannot withdraw from it except by repealing it in this
4:08:28 > 4:08:35manner. That is what we are doing now but I will certainly give way.
4:08:35 > 4:08:38He emphasises strongly the importance of the sovereignty of
4:08:38 > 4:08:42this house, and I agree with him, and as we leave, isn't it there for
4:08:42 > 4:08:45all the more important that this sovereign house has a meaningful
4:08:45 > 4:08:50vote upon the terms upon which we leave, not one that is a take it or
4:08:50 > 4:08:54leave it at the end of the process? Isn't that the ultimate expression
4:08:54 > 4:08:57of sovereignty? Will he not therefore support that?
4:08:57 > 4:09:01The answer is that I am supporting the outcome of the referendum, which
4:09:01 > 4:09:06by virtue of our sovereign Acts of Parliament, we decided we would pass
4:09:06 > 4:09:12over... Point of order.
4:09:12 > 4:09:18Delightful though it is to sit listening to the honourable
4:09:18 > 4:09:25gentleman expiated on all manners of things, I am struggling to discover
4:09:25 > 4:09:29what it possibly has to do with new clause 49, or for that matter, any
4:09:29 > 4:09:35of the other amendments or new clauses that are linked to it.
4:09:35 > 4:09:38I thank The Right Honourable gentleman for his point of order.
4:09:38 > 4:09:45However, we are debating clause one. It is quite wide-ranging, and the
4:09:45 > 4:09:51honourable gentleman is in order in his remarks.I am most grateful. I
4:09:51 > 4:09:54had actually spotted that, and I am most grateful for your confirmation
4:09:54 > 4:10:00of the fact that I am within order. But I will have to just also touch
4:10:00 > 4:10:05on some of the issues that arise by virtue of this continuous emphasis
4:10:05 > 4:10:10on the virtues of the European Court of Justice. There is a
4:10:10 > 4:10:15constitutional principle, as I have already explained. There is also the
4:10:15 > 4:10:18case law, which I have already explained. But it goes further than
4:10:18 > 4:10:28that, and I would just mentioned the very great lord justice being --
4:10:28 > 4:10:33gingham, who in his own book, The Rule Of Law, chapter 12, describes
4:10:33 > 4:10:37the relationship between the courts in Parliament. And he unequivocally
4:10:37 > 4:10:41comes down in favour of Parliament and makes it clear that when
4:10:41 > 4:10:48Parliament decides to pass an act, and in the context, I am referring
4:10:48 > 4:10:54to this bill which we are an acting, when we pass this bill, it will then
4:10:54 > 4:10:58become an override of all the laws that have shackled us from the
4:10:58 > 4:11:05European system so far, and also all the court judgments, save only that
4:11:05 > 4:11:11we have agreed by virtue of the retained law to bring into, by
4:11:11 > 4:11:14transposition, some aspects of the process which we got used to, and
4:11:14 > 4:11:19which we can then decide what to do at a future date. I certainly will.
4:11:19 > 4:11:24I have been waiting for my right honourable friend. And learn it
4:11:24 > 4:11:28friend, who I happen to know very well, and have great respect for, so
4:11:28 > 4:11:33I will listen to him with interest. If I may just say to my honourable
4:11:33 > 4:11:36friend, I don't think he can have it both ways. He was talking a moment
4:11:36 > 4:11:42ago about direct effect. If we leave the European Union, there is no
4:11:42 > 4:11:48doubt that direct effect will cease on the day that we go, but in fact,
4:11:48 > 4:11:53as he, I'm sure, nose, there are about 800 treaties to which we are
4:11:53 > 4:11:57signed up that have mechanisms which can lead to judgments that affect
4:11:57 > 4:12:03the UK, and we then undertake to implement, sometimes by changing our
4:12:03 > 4:12:07own laws. So I don't quite understand why he has this obsession
4:12:07 > 4:12:13with the court of justice of the European union if in fact its direct
4:12:13 > 4:12:16effect is removed, but we have to be subject to it during the
4:12:16 > 4:12:18transitional period when we are leaving.
4:12:18 > 4:12:22He makes that point, but I have to say I don't think that matter has
4:12:22 > 4:12:28been entirely settled by any means. The honourable lady from the SNP
4:12:28 > 4:12:32earlier referred to a lunch she was at in which it appears that she was
4:12:32 > 4:12:37told that we are going to be subject to the European Court of Justice,
4:12:37 > 4:12:40and my right honourable friend has made exactly the same point. I have
4:12:40 > 4:12:44to say that there are serious questions about the nature of the
4:12:44 > 4:12:49European court, and I would like to turn to some of those right now. The
4:12:49 > 4:12:57problem is this girl European court itself is essentially not an
4:12:57 > 4:13:06impartial court at all. And I can only say this: That it has never
4:13:06 > 4:13:10discharged its function impartially, and that from the 1960s, it
4:13:10 > 4:13:13developed a range of principles such as those of the uniform application
4:13:13 > 4:13:18of effectiveness of EU law, which are then expanded its own volition
4:13:18 > 4:13:22into the general principles of the supremacy of direct effect of the EU
4:13:22 > 4:13:28national law. These principles had no basis in the EU treaties until
4:13:28 > 4:13:32the Lisbon Treaty, which is a matter of fact, my right honourable friend
4:13:32 > 4:13:37was then Attorney General and actually opposed. So the fact is,
4:13:37 > 4:13:46until Lisbon,... I'm afraid not, I'm think I must proceed. The fact is,
4:13:46 > 4:13:49none of these principles had any bases in EU treaties, and the
4:13:49 > 4:13:55principal of the primacy of EU law is a judicial creation recently
4:13:55 > 4:14:00codified and no more than that. However, because we have accepted
4:14:00 > 4:14:06the judgments of the European court under section three of the European
4:14:06 > 4:14:09Communities Act, which we are going to repeal, we are saddled with this,
4:14:09 > 4:14:15and that is one of the things we are going to unshackle. Also, in terms
4:14:15 > 4:14:20of interpretation, it is done in the European court by what is known as
4:14:20 > 4:14:25the purposive approach. Of course, there are many different purposes
4:14:25 > 4:14:28which can be in conflict with one another, and the method of
4:14:28 > 4:14:32interpretation which is applied is anything but satisfactory. I would
4:14:32 > 4:14:36say to those who want to advocate the European court, whether in the
4:14:36 > 4:14:41transitional period or in general, beware what you wish for, because
4:14:41 > 4:14:46the actual European court can create havoc in relation to our trading
4:14:46 > 4:14:54arrangements.If the gentleman is so opposed to the European Court of
4:14:54 > 4:14:57Justice, what is his dispute resolution mechanism than going to
4:14:57 > 4:15:00be? Independent States need a dispute resolution mechanism where
4:15:00 > 4:15:05they cede sovereignty. You give some of your sovereignty, get some of
4:15:05 > 4:15:09somebody else's will stop so what is it going to be?
4:15:09 > 4:15:11Will the honourable gentleman
4:15:15 > 4:15:18before the honourable gentleman response, I have been generous in
4:15:18 > 4:15:22letting him range over a number of subject.I would like to gently
4:15:22 > 4:15:25remind him there aren't number of speakers in this debate, so I'm sure
4:15:25 > 4:15:29his list is now a little shorter than it was before in terms of the
4:15:29 > 4:15:32European Court of Justice. Test there are a number of speakers.
4:15:32 > 4:15:36On that point, the European court is seriously deficient in a whole range
4:15:36 > 4:15:42of matters, but on the question that has just been raised, which I would
4:15:42 > 4:15:46like to deal with before I sit down, in fact, the idea has been put
4:15:46 > 4:15:52forward by Martin Howard QC, and I put it forward myself in the house
4:15:52 > 4:15:56with regard to a system of jurisdiction which would be more in
4:15:56 > 4:16:00the nature of an arbitration, where there might for example be retired
4:16:00 > 4:16:07European court judges, or for that matter... Or whatever, who would
4:16:07 > 4:16:11then be able to adjudicate, but it would be on a bilateral basis, not
4:16:11 > 4:16:15on the basis of a decision that was taken by the European court itself.
4:16:15 > 4:16:20It is possible to come up with a solution to this problem, but I
4:16:20 > 4:16:25recognise the problem. On that note, mad and deputy speed, I would simply
4:16:25 > 4:16:30say that we are now embarked upon a massive restoration of
4:16:30 > 4:16:34self-government in this country. This bill is essential to achieve
4:16:34 > 4:16:39it, and in my opinion, it should be passed without any of the obstacles
4:16:39 > 4:16:41and frustrating tactics that have been putting its way.
4:16:41 > 4:16:51Yvette Cooper. Thank you. I want to speak to
4:16:51 > 4:16:53amendment 386, which has cross-party support and which I tabled late last
4:16:53 > 4:17:02night. The minister who has just left... I apologise, no, he is
4:17:02 > 4:17:06there. He said in his remarks that my amendment was somehow introducing
4:17:06 > 4:17:12chaos into this process. Now, with the greatest of respect, to the
4:17:12 > 4:17:16minister, after a fortnight in which the government has seen the Foreign
4:17:16 > 4:17:18Secretary, the development secretary, the former and current
4:17:18 > 4:17:22Defence Secretary and the Cabinet Secretary also assumed in
4:17:22 > 4:17:24controversies, I think the government is doing quite well on
4:17:24 > 4:17:31the chaos front without any help from me. And also, the idea that the
4:17:31 > 4:17:38minister could somehow say that it introduces chaos into the process to
4:17:38 > 4:17:42take out the date XXXX it day and put it in a different bill, when
4:17:42 > 4:17:48ministers didn't even want it in any bill at all, just five days ago,
4:17:48 > 4:17:55makes the government's argument look rather silly. So to talk about the
4:17:55 > 4:17:58purpose of what this amendment would do, it would require Parliament to
4:17:58 > 4:18:02vote on the terms of withdrawal through primary legislation before
4:18:02 > 4:18:08Brexit day. It would mean that exit date in UK law would be set not in
4:18:08 > 4:18:12this bill, but in a future bill, either in the withdrawal agreement
4:18:12 > 4:18:16and implementation bill that the government announced yesterday, or
4:18:16 > 4:18:19if there is no deal at all, through an alternative bill setting out the
4:18:19 > 4:18:25terms of departure and presumably whatever implementation plan would
4:18:25 > 4:18:31be needed in those circumstances. So the focus of the amendment is not to
4:18:31 > 4:18:34dispute the government's intentions about the timing of accident day, it
4:18:34 > 4:18:38is simply to ensure that there is a proper parliamentary, democratic
4:18:38 > 4:18:43process before we get to that date. The central focus is not the date
4:18:43 > 4:18:48itself, but a requirement on the government to do as it has promised
4:18:48 > 4:18:56and set out a meaningful vote for Parliament in advance of that date.
4:18:56 > 4:19:00And it also ensures that Parliament can properly respond, whatever the
4:19:00 > 4:19:04outcome of the government's negotiations might be, rather than
4:19:04 > 4:19:09being inadvertently timed out if things go badly wrong. Yesterday, we
4:19:09 > 4:19:13learned from the government that there would be a second bill
4:19:13 > 4:19:16implementing the withdrawal agreement, and that is welcome,
4:19:16 > 4:19:21because it was the subject of other amendments I had put down, the right
4:19:21 > 4:19:25honourable member for Beaconsfield had put down, because we were
4:19:25 > 4:19:27concerned Parliament should not give the executive a blank check through
4:19:27 > 4:19:30this bill on the limitation of withdrawal bill that has not yet
4:19:30 > 4:19:35happened. Rather less welcome was the government's admission that
4:19:35 > 4:19:38further legislation might not actually happen before Brexit day
4:19:38 > 4:19:43itself. Even less welcome was the Brexit Secretary's admission that
4:19:43 > 4:19:47the vote on the withdrawal agreement itself will simply be a take it or
4:19:47 > 4:19:53leave it vote, and that therefore if the government negotiates a bad deal
4:19:53 > 4:19:57with no implementation plan in place or things go the wrong way,
4:19:57 > 4:20:04Parliament simply has too accept it or choose no deal at all. And
4:20:04 > 4:20:08because Brexit day, another government's proposals, would be
4:20:08 > 4:20:12embedded in the primary legislation through this bill, it would become
4:20:12 > 4:20:15legally and constitutionally possible for ministers to just let
4:20:15 > 4:20:20us drift towards accident day without Parliament being able to
4:20:20 > 4:20:24insist on any kind of implementation preparations or any kind of plan at
4:20:24 > 4:20:31all. And that is a concentration of power in ministers' hands, a
4:20:31 > 4:20:34concentration of power in the hands of the executive that is simply
4:20:34 > 4:20:38unacceptable, that no legislature should never accept, and certainly
4:20:38 > 4:20:43not this legislature, certainly not right now, when we have a hung
4:20:43 > 4:20:48parliament that we were given by the electorate less than six months ago.
4:20:48 > 4:20:52And certainly not our Parliament, for whom the sovereignty of this
4:20:52 > 4:20:56Parliament has been such a key issue throughout the debates on the
4:20:56 > 4:21:02referendum. What this amendment does is strengthen the democratic process
4:21:02 > 4:21:05around Brexit. It makes sure that Parliament actually gets to vote on
4:21:05 > 4:21:09the terms of withdrawal, whether there is a deal or no deal. Before
4:21:09 > 4:21:17we get to exit date. It implements the government's commitments to a
4:21:17 > 4:21:21meaningful parliamentary vote. If all goes to the government's plan
4:21:21 > 4:21:25and according to their promises, if they have the timetable that they
4:21:25 > 4:21:28want around transition agreement being agreed in the early part of
4:21:28 > 4:21:31next year, around the withdrawal agreement being agreed by the
4:21:31 > 4:21:35autumn, if all goes to plan and we get the kind of deal that the
4:21:35 > 4:21:40government has promised in terms of the benefits that it will bring,
4:21:40 > 4:21:45then all that this amendment does is simply hold the government to that,
4:21:45 > 4:21:47and it simply implements the government's intentions and
4:21:47 > 4:21:52timetables. But it does hold the government to what the Brexit
4:21:52 > 4:21:56secretary said yesterday it was his primary plan in terms of the
4:21:56 > 4:21:59timetable. It holds ministers to it on the face of the bill, and it
4:21:59 > 4:22:06would prevent the government from delaying the legislation beyond a
4:22:06 > 4:22:12withdrawal date. It links the timing of exit to the terms of Exeter in
4:22:12 > 4:22:17the parliamentary process. -- the terms of X it. It prevents the
4:22:17 > 4:22:19Parliament from getting time-out, because it gives Parliament the
4:22:19 > 4:22:24final say. If the government's plans go wrong, which I hope they will
4:22:24 > 4:22:29not, it also gives Parliament a say in how the country should respond.
4:22:29 > 4:22:34If, for example, we end up with no deal at all, or run out of time, I
4:22:34 > 4:22:37hope that will not happen, but in those circumstances, if the whole
4:22:37 > 4:22:42thing goes belly up, it gives Parliament a role, allows for a
4:22:42 > 4:22:45debate on whether the government should go back to the negotiating
4:22:45 > 4:22:49table or should just walk away. It allows for a debate about the timing
4:22:49 > 4:22:53of Brexit day. It allows Parliament debates and decide rather than just
4:22:53 > 4:22:57bring up our hands and leaving it to ministers, rather than just ripping
4:22:57 > 4:23:02along. Let me give you a specific example. Let's suppose the
4:23:02 > 4:23:05government comes forward with withdrawal terms which do not
4:23:05 > 4:23:10include a security deal. The Home Secretary has said that is
4:23:10 > 4:23:13unthinkable, and like her, I expect the security deal to be done, as it
4:23:13 > 4:23:19is in all of our interests, here and on the continent. However, the EU
4:23:19 > 4:23:21security commissioner has warned, just because every body agrees that
4:23:21 > 4:23:25something is the right thing to do, doesn't mean it is easy. What if we
4:23:25 > 4:23:31get some kind of deal that doesn't include security deal? Is Parliament
4:23:31 > 4:23:38really going to bind its hands now and let the UK crash out on March 29
4:23:38 > 4:23:41without any kind of arrangements for security cooperation, so people
4:23:41 > 4:23:45literally have to be released from police custody because you cannot
4:23:45 > 4:23:50use the arrest warrant? Or without an aviation deal, so that claims
4:23:50 > 4:23:54literally have to be stuck on the ground? I do not expect that to
4:23:54 > 4:24:00happen. But I'll is an that it is not impossible.
4:24:00 > 4:24:04If it does happen, I want the chance to argue for urgent action to make
4:24:04 > 4:24:08sure that we don't, to make sure that we have an urgent contingency
4:24:08 > 4:24:13plan, to make sure action is taken to protect our security and keep our
4:24:13 > 4:24:19country safe.It's a very important point. She heard with me this
4:24:19 > 4:24:23morning the Mayor of London setting out very clearly the implications of
4:24:23 > 4:24:26not having a security treaty in place for safety of London, let
4:24:26 > 4:24:32alone the rest of the country. I would agree with appointees making.
4:24:32 > 4:24:36That was the evidence that we heard and Parliament itself has a
4:24:36 > 4:24:40responsibility to contingency plan. Whatever it is we hope might happen
4:24:40 > 4:24:44over the course of the next 12 months, we have a responsibility to
4:24:44 > 4:24:49make sure we have the plans in place for every eventuality and that
4:24:49 > 4:24:54Parliament can take some responsibility in responding. Right
4:24:54 > 4:24:58now, with the government's amendments put in and without my
4:24:58 > 4:25:01amendment, it would theoretically be possible for us to just drift
4:25:01 > 4:25:05towards exit day without any substantive opportunity for
4:25:05 > 4:25:09Parliament to step in. Maybe to amend the Bill on the withdrawal
4:25:09 > 4:25:15terms, to require the government changes plan, maybe to negotiate
4:25:15 > 4:25:19some more. That would be up to us in Parliament to decide, but we won't
4:25:19 > 4:25:23get the chance to decide on the current plan of the government.I'm
4:25:23 > 4:25:29sure she will have noticed the sensible comments by the policy
4:25:29 > 4:25:33resources chairman of the City of London Corporation that whilst an
4:25:33 > 4:25:38orderly Brexit might not be the desired outcome that she and I would
4:25:38 > 4:25:43have, and orderly Brexit with proper transitions is manageable flower
4:25:43 > 4:25:48financial services sector. But a disorderly one, one which for
4:25:48 > 4:25:51example was a result of our inability to extend negotiations for
4:25:51 > 4:25:56a short period if need be would be a disaster for this country and is
4:25:56 > 4:26:00regarded as being on the same level by some firms as the threat to cyber
4:26:00 > 4:26:07security. On that basis isn't it foolish for the government to put
4:26:07 > 4:26:12alleviate on the face of the Bill.I share the concerns of the honourable
4:26:12 > 4:26:17member, a fellow select committee chair. We've both heard evidence
4:26:17 > 4:26:21around the concerns for Security and of the wider issues. I share with
4:26:21 > 4:26:25him to my personal views about the importance of having a transition
4:26:25 > 4:26:30period. The importance of a smooth process in place. To be honest,
4:26:30 > 4:26:35whatever our member's views are, whatever views are and whether there
4:26:35 > 4:26:39should be a transition, or they shouldn't, how we should respond to
4:26:39 > 4:26:43different negotiating outcomes, it should still come back to Parliament
4:26:43 > 4:26:49to debate and decide before we reach exit day and not after. That is what
4:26:49 > 4:26:54Parliament should be about, that is what Parliament should be for. The
4:26:54 > 4:26:57government were irresponsible not to give Parliament the opportunity to
4:26:57 > 4:27:02debate and to take a view on the terms and on the timing once those
4:27:02 > 4:27:07are agreed. There is actually a common in what the ministers said
4:27:07 > 4:27:15earlier. -- a con. Led the government does recognise there may
4:27:15 > 4:27:20be circumstances in which exit day has to be changed. The Minister said
4:27:20 > 4:27:25that clause 17 wouldn't apply, that somehow this wouldn't allow the
4:27:25 > 4:27:28government to change the exit day through regulations after it had
4:27:28 > 4:27:32been passed through the Bill. That's not the advice I've had. It's not
4:27:32 > 4:27:38the advice of the House of Commons library gave me. The combination of
4:27:38 > 4:27:45clause nine and amendment 383 would still allow ministers to change exit
4:27:45 > 4:27:50day if it so chooses, and if it thinks it is appropriate. That is
4:27:50 > 4:27:56the impact of the Henry VIII powers we have. We understand, ministers in
4:27:56 > 4:28:01fact may want to have the provision to be able to come back and say exit
4:28:01 > 4:28:06day needs to change because we've reached the 11th hour. Because the
4:28:06 > 4:28:09negotiations may need to be extended by an extra month, or the process
4:28:09 > 4:28:15may need to be changed. Ministers have kept that power in the Bill for
4:28:15 > 4:28:20themselves. But why should the power just be reserved for ministers? Why
4:28:20 > 4:28:24can't Parliament have that power to? I think that is the floor at the
4:28:24 > 4:28:29heart of their bills. If an unforeseen or difficult
4:28:29 > 4:28:34circumstances, ministers need to change the timetable they can. But
4:28:34 > 4:28:40Parliament will have no choice, no say and no ability to do so.Does
4:28:40 > 4:28:44the honourable lady agree that if Parliament does have that
4:28:44 > 4:28:48opportunity it would be taking back control. It would be returning
4:28:48 > 4:28:53sovereignty, and it would be returning sovereignty not to the
4:28:53 > 4:29:00executive but to this House.I think she is right. We've had all of these
4:29:00 > 4:29:04debates about taking back control, Parliamentary 70, yet somehow the
4:29:04 > 4:29:08ministers seem to want to rip that up. What they are trying to do is
4:29:08 > 4:29:11concentrate huge amounts of power in the hands of ministers rather than
4:29:11 > 4:29:16giving the whole of Parliament a save. I think ministers have to stop
4:29:16 > 4:29:20infantilising Parliament and treating it as if it is the enemy.
4:29:20 > 4:29:25The truth is, the sky didn't fall in because Parliament had a vote on
4:29:25 > 4:29:31Article 50. They told us the whole process would be stopped, it didn't.
4:29:31 > 4:29:36Each and every one of us understands that we have obligations and
4:29:36 > 4:29:41responsibilities towards the referendum result, just as we have
4:29:41 > 4:29:43obligations and responsibilities towards the negotiation process that
4:29:43 > 4:29:47the government has to conduct on our behalf, and we cannot directly
4:29:47 > 4:29:52conduct for it. We know that we have those different responsibilities and
4:29:52 > 4:29:57we know that we have to take mature and responsible decisions, given the
4:29:57 > 4:30:00complexity of the situation that every single one of us is faced
4:30:00 > 4:30:05with. We don't think those decisions should be entirely in the hands of
4:30:05 > 4:30:10ministers. We think the whole of Parliament should have a say on
4:30:10 > 4:30:16something so important.I thank you for giving way. She's making an
4:30:16 > 4:30:19incredibly powerful speech and argument. Would she not also agree
4:30:19 > 4:30:25with me that to have the vote and support of Parliament behind the
4:30:25 > 4:30:29government and the action it takes would also strengthen its hand in
4:30:29 > 4:30:34relation to negotiations in the European Union?I do agree with
4:30:34 > 4:30:40that, because I think credit should be about the whole of Parliament. As
4:30:40 > 4:30:44Parliament did when we had the Article 50 debate. We know it's
4:30:44 > 4:30:48complex, it is our job and our responsibility in a democracy to
4:30:48 > 4:30:53deal with that complexity, not to just abdicate our responsibility,
4:30:53 > 4:30:57and to hand it over to ministers because somehow it's too difficult
4:30:57 > 4:31:02for us in Parliament to deal with. Of course it isn't, of course we are
4:31:02 > 4:31:07capable of dealing with the complex situation we face.Does she also
4:31:07 > 4:31:13agree with me that in having the debate, which we haven't had, we
4:31:13 > 4:31:17simply haven't had them, but of course is not lost on the European
4:31:17 > 4:31:22Union but it's also not lost on the people of this country. If we had
4:31:22 > 4:31:26those debates and we actually had a real say in what Brexit was going to
4:31:26 > 4:31:31look like, we would begin to form a consensus and would begin to bring
4:31:31 > 4:31:40people right across the UK together in getting that good deal and
4:31:40 > 4:31:44reuniting so many divided communities, families and friends.I
4:31:44 > 4:31:49do agree with the honourable member, because the truth is that the plans
4:31:49 > 4:31:54that our Brexit future have to be sustainable. They have to come and
4:31:54 > 4:31:58consent. They will have implications for very many decades to come. They
4:31:58 > 4:32:03have to give us the chance to heal the Brexit divide across the country
4:32:03 > 4:32:06from the referendum. They have to give Parliament the chance to debate
4:32:06 > 4:32:10the details, to have that proper honest debate about what that will
4:32:10 > 4:32:17mean across the country.Would she agree that perhaps if things had
4:32:17 > 4:32:21gone differently in last week 's debate, where the information had
4:32:21 > 4:32:26been laid before the House, and that the motions might not be running so
4:32:26 > 4:32:30high -- emotions might not be running so high?We need more
4:32:30 > 4:32:35transparency. I want to draw my remarks to a close now. This
4:32:35 > 4:32:40amendment gives Parliament the opportunity to take back control.
4:32:40 > 4:32:49The honourable member for Stone said he wants us to debate in this House
4:32:49 > 4:32:52how we are governed. Don't concentrate power in the hands of
4:32:52 > 4:32:57ministers. At a time when we have seen democratic values and
4:32:57 > 4:33:00democratic institutions undermined and under threat across the world,
4:33:00 > 4:33:05we have a greater responsibility to ensure there is a proper democratic
4:33:05 > 4:33:11process and we follow our obligations that come with the
4:33:11 > 4:33:15Parliamentary oath that we took. So much of the debate that we had in
4:33:15 > 4:33:19the referendum was about Parliamentary sovereignty. What this
4:33:19 > 4:33:25amendment does is make that real. Dominic Grieve.
4:33:29 > 4:33:32It's a great pleasure to follow the right honourable lady in this
4:33:32 > 4:33:36debate. Particularly as the matters on which I wish to touch concern her
4:33:36 > 4:33:41amendments. I hope the House will forgive me if I start briefly with
4:33:41 > 4:33:46the opening remarks of the honourable member for Birkenhead. I
4:33:46 > 4:33:50hope you'll forgive me and I'm sorry if he's not in his place but I hope
4:33:50 > 4:33:54you'll forgive me if I say that the words he articulated were ones I
4:33:54 > 4:34:01could fully understand and appreciate, I've heard them often
4:34:01 > 4:34:04enough from right-thinking people who want the best from our country.
4:34:04 > 4:34:11They also contained with them simplicity. Those simplicities do
4:34:11 > 4:34:18not match the problems this House faces in disentangling our
4:34:18 > 4:34:22relationship from the European Union. This has been an issue that
4:34:22 > 4:34:30has bedevilled the entire debate on Brexit and Remain, and is one of the
4:34:30 > 4:34:34reasons we find ourselves where we are today. I happen to believe that
4:34:34 > 4:34:39what we did last year was a great and historic error. I can't help it,
4:34:39 > 4:34:44nothing that has happened since is going to alter my view. But I also
4:34:44 > 4:34:48recognise my responsibility as a member of Parliament to try to give
4:34:48 > 4:34:52effect to what the public asked for in their response to that
4:34:52 > 4:34:58referendum. In doing so, I am certainly not willing to suspend my
4:34:58 > 4:35:04own judgment, particularly when I have to witness what I see as an
4:35:04 > 4:35:09extraordinarily painful process of national self mutilation which I am
4:35:09 > 4:35:13required to facilitate. I can't escape that, that's what I feel. I'm
4:35:13 > 4:35:17not going to abandon that because I'm ordered to do so by anybody
4:35:17 > 4:35:25else. With that in mind, I have to say to the honourable member for
4:35:25 > 4:35:30Birkenhead that what he's asking for is the desire perhaps of many people
4:35:30 > 4:35:34in this country which is to go to bed at night and wake up and find
4:35:34 > 4:35:37the whole being is over and done with. Unfortunately it's not going
4:35:37 > 4:35:42to be over and done with for a very long time. The problem we have in
4:35:42 > 4:35:49this Bill on which we have to focus is how we tried to take this risky,
4:35:49 > 4:35:55dangerous, for our economy, for our national security, our national
4:35:55 > 4:36:01well-being, difficult and dangerous process to a reasonable outcome.
4:36:01 > 4:36:05Bear with me one moment and I'll give way. That is the challenge
4:36:05 > 4:36:13we've got. In doing that, Parliament cannot simply abdicate its
4:36:13 > 4:36:16responsibility to the executive. Of course the executive has to get on
4:36:16 > 4:36:20with the business of complex negotiations. But Parliament is
4:36:20 > 4:36:27entitled to take a check on this at every conceivable stage. The problem
4:36:27 > 4:36:31is, as the difficulties have piled up and frankly in my view the
4:36:31 > 4:36:36difficulties were predictable and predicted, the tendency has been,
4:36:36 > 4:36:41and I have to say this to my honourable friends on the Treasury
4:36:41 > 4:36:48bench, is that everybody has got more and more brittle, more and more
4:36:48 > 4:36:53unwilling to listen, more and more persuaded that every suggestion is a
4:36:53 > 4:37:01form of treason, and finally culminating last Friday with a mad
4:37:01 > 4:37:03amendment, table I believe actually without any collective
4:37:03 > 4:37:09decision-making in government at all, and accompanied by
4:37:09 > 4:37:13bloodcurdling threats that anybody who might stand in its way was in
4:37:13 > 4:37:19some way betraying the country's destiny and mission.
4:37:19 > 4:37:22And I am afraid I am just not prepared to go along with that. I
4:37:22 > 4:37:26will give way. I thank him for giving way, and then
4:37:26 > 4:37:32I welcome his amendments, to get through the Alistair the looking
4:37:32 > 4:37:35glass absurdity of different Exeter St David's were different purposes.
4:37:35 > 4:37:42-- Alice Through The Looking Glass. All His amendments are eminently
4:37:42 > 4:37:45sensible. The right Honourable member has a ready describe very
4:37:45 > 4:37:53entertaining reasons for a bill that allowed ministers to name different
4:37:53 > 4:37:57days to one that named a specific time. That was a sop to the denizens
4:37:57 > 4:38:01of what he called the rear fourth gallery under the balcony. But have
4:38:01 > 4:38:06the right honour member reflected on what such a fundamental change
4:38:06 > 4:38:10signals to our partners in the EU as to how serious we are and how
4:38:10 > 4:38:16carefully we have thought this context processed through?
4:38:16 > 4:38:20There is no doubt that some of the problems that we have are
4:38:20 > 4:38:24undoubtedly not going to be helpful, I think, in our negotiation.
4:38:24 > 4:38:29Equally, it is right to say that the more we can have mature, sensible
4:38:29 > 4:38:32and considered debate in this house, I would have thought the more our
4:38:32 > 4:38:37ability to negotiate with our EU partners is improved. As far as I am
4:38:37 > 4:38:40concerned, I have tabled a number of amendments. Like all amendments,
4:38:40 > 4:38:47some are multiple choice. We don't have to do this in this house. This
4:38:47 > 4:38:50is how we actually go about looking and examining legislation. Some are
4:38:50 > 4:38:55probing amendments. Some in my view more important others. The one
4:38:55 > 4:38:59highlighted by the honourable gentleman is indeed the fact that
4:38:59 > 4:39:04the government did not explain it wanted to have multiple exit dates.
4:39:04 > 4:39:07I wanted to tease out what that was four and suggest that perhaps one
4:39:07 > 4:39:11exit date might be better because of the consequences and using Henry
4:39:11 > 4:39:14VIII powers thereafter. There might even be a justification for doing
4:39:14 > 4:39:18what the government is doing. So all that needs to be worked through in
4:39:18 > 4:39:22this legislation, and that is what I have sought to do, and if I may say
4:39:22 > 4:39:27to my friends on the Treasury bench, in the course of the last few weeks,
4:39:27 > 4:39:31we have had some really sensible, constructive discussions on some of
4:39:31 > 4:39:36the areas of the amendments which I have presented. I hope very much we
4:39:36 > 4:39:40can achieve some degree of consensus, in which case, some of
4:39:40 > 4:39:43these amendments may not be required, whether it is the triage,
4:39:43 > 4:39:49whether it is the way we treat retained EU law. I don't wish to get
4:39:49 > 4:39:52diverted into that. We will come back to it at this bill goes
4:39:52 > 4:39:58through. The trouble is, and I repeat this, all this gets marred
4:39:58 > 4:40:03when you get events like last Friday, and you get these
4:40:03 > 4:40:05extraordinary amendments suddenly magic out of the blue Ridge simply
4:40:05 > 4:40:14do not make any sense. And I might add, the other problem which comes,
4:40:14 > 4:40:19when I read the amendments and the consequentials, which I must say, I
4:40:19 > 4:40:22only saw this morning, one of the consequentials that has already been
4:40:22 > 4:40:26highlighted seems to me to totally undermine the purpose of the main
4:40:26 > 4:40:29amendment to the point where the conspiracy theorist in me maybe
4:40:29 > 4:40:33thought it was a sort of double deceit, double bluff, that it was
4:40:33 > 4:40:37intended in some way to give the impression to some of my honourable
4:40:37 > 4:40:39friends, who really worry about this, that they were being offered
4:40:39 > 4:40:44this stone tablet of our departure, but in fact, it was teasingly
4:40:44 > 4:40:49capable of being shifted. My honourable friend the Solicitor
4:40:49 > 4:40:52General sent me a text earlier saying I am mistaken about this,
4:40:52 > 4:40:57that it was not the intention, it was the very reverse. I have to say,
4:40:57 > 4:41:03these are one of those matters where, I am not a parliamentary
4:41:03 > 4:41:06draughtsman, and I certainly know that there are always different ways
4:41:06 > 4:41:11in which you can read and amendments to a statute. But I remain of the
4:41:11 > 4:41:16view that it is very peculiar wording indeed, if the intention is
4:41:16 > 4:41:20to exclude the possibility of playing around with the except date,
4:41:20 > 4:41:25which is being offered as this talisman. -- the except date. I must
4:41:25 > 4:41:28say, I did not really begin to wonder whether or not the
4:41:28 > 4:41:32parliamentary draughtsman was so appalled at the folly of what the
4:41:32 > 4:41:38government was doing that here had sneakily altered this clause to try
4:41:38 > 4:41:42to offer them a lifeline in case they came to regret what they had
4:41:42 > 4:41:51done! But I'm sure that is being very unfair to the parliamentary
4:41:51 > 4:41:54draughtsman, who, I know, always does what is requested of him or
4:41:54 > 4:41:59her. I will give way.Isn't the tendency of any government,
4:41:59 > 4:42:02specially when it has a major project on its hands such as this,
4:42:02 > 4:42:08to try to manage the project and try to manage Parliament? But has he
4:42:08 > 4:42:12discovered over recent weeks, the truth of the matter is, in this
4:42:12 > 4:42:17House, there is a consensus. It embraces all of these benches, a
4:42:17 > 4:42:20significant number of the backbenchers on that side, and
4:42:20 > 4:42:24actually, half the government. I can see at least three, possibly four
4:42:24 > 4:42:27government ministers on the front bench now who would be signing up to
4:42:27 > 4:42:31his amendments. Would be far more rational for the governments in the
4:42:31 > 4:42:36to calm down about this process and try to establish a consensus that
4:42:36 > 4:42:43can carry the country forward? Iron doors what the honourable
4:42:43 > 4:42:46gentleman says, and that's precisely what I wanted to start suggesting
4:42:46 > 4:42:53the front bench. It seems to me there are a number of key areas in
4:42:53 > 4:42:57this debate this afternoon. The first is the recognition, belated,
4:42:57 > 4:43:01but I am grateful for it nonetheless, that leaving the EU
4:43:01 > 4:43:04requires statutory authority from this house to make it part of the
4:43:04 > 4:43:11rule of law of our land. It is a very important principle. Indeed, I
4:43:11 > 4:43:15begin to detect that the government also recognises at some point in the
4:43:15 > 4:43:18future, if we get beyond transition, we will probably need another
4:43:18 > 4:43:21statute to alter the law of our land for any final agreement that we have
4:43:21 > 4:43:28with our EU partners. And we are going to have to take it in a
4:43:28 > 4:43:31measured way, and the government is going to have to accept that
4:43:31 > 4:43:37parliament being sovereign, must at the end of the day, have the ability
4:43:37 > 4:43:42to support or reject this. There is no way around it. Of course, we can
4:43:42 > 4:43:44have hypothetical questions about, well, there might be nothing to
4:43:44 > 4:43:48reject because we might be falling out of the EU with no agreement.
4:43:48 > 4:43:53Indeed, yes. But we will discover that when the time comes. In the
4:43:53 > 4:43:56meantime, the government should get on with his negotiation, and we can
4:43:56 > 4:44:00continue scrutinising them about that, and at the end, we want a
4:44:00 > 4:44:03statute. And that statute, and I think it has been acknowledged by
4:44:03 > 4:44:06the Right or gentleman and that member for whole Tim Price and
4:44:06 > 4:44:14Howden, has got to come, obviously, before we leave. -- Holton price.
4:44:16 > 4:44:21That brings one to a critical issue in this debate. The best point made
4:44:21 > 4:44:28by the Right Honourable gentleman yesterday, and I will be questioning
4:44:28 > 4:44:33him, was whereas moving into a transition is a qualified decision,
4:44:33 > 4:44:35actually getting extension, for example, to Article 50, requires
4:44:35 > 4:44:40unanimity. So the government may be dealing with legitimate anxiety that
4:44:40 > 4:44:47there could be circumstances where the whole thing running up to the
4:44:47 > 4:44:53wire, it could be in difficulty implementing by statute. I
4:44:53 > 4:44:56personally think this seems inherently implausible, because on
4:44:56 > 4:44:59the face of it, if our parliaments agree a deal with this, why they
4:44:59 > 4:45:03should then turn around and talk about perfidious Albion, and we'd
4:45:03 > 4:45:07probably think they are all sort of garlic eaters, but on the whole, I
4:45:07 > 4:45:12can't really see why, at the end of the day, if they want to do a deal
4:45:12 > 4:45:16with us, they should decide to pull the rug from under our feet in such
4:45:16 > 4:45:20an extraordinary fashion in order to tell us that we can't have an
4:45:20 > 4:45:23extension to article 54 the necessary two or three months to
4:45:23 > 4:45:28take through our statutory processes while, of course, they have to take
4:45:28 > 4:45:33their processes to the EU parliament as well. I will give way.I am
4:45:33 > 4:45:38grateful for him giving way. Was he alarmed yesterday as I was when I
4:45:38 > 4:45:43asked the honourable member, the Secretary of State, that given the
4:45:43 > 4:45:46Prime Minister had asked in September for this extension, six
4:45:46 > 4:45:50months after she trickled Article 50, this to a three-month extension,
4:45:50 > 4:45:55he did not have any clue when the EU 27 might agree? I know a number of
4:45:55 > 4:45:57the media think this is automatically coming, but there is
4:45:57 > 4:46:01no guarantee as we speak. Would he find that alarming that the EU might
4:46:01 > 4:46:06indeed find itself out because of his own actions and marched? -- in
4:46:06 > 4:46:11March.There are massive uncertainties in this, and I don't
4:46:11 > 4:46:18want to pile gloom and the Treasury bench. All I would say is, there are
4:46:18 > 4:46:21risks, and the government has got an important point on this. But if that
4:46:21 > 4:46:27is the case, the proper dialogue that should be taking place between
4:46:27 > 4:46:30the Treasury bench and the house is how we craft and alter this
4:46:30 > 4:46:36legislation, both to emphasise the statutory processes that are going
4:46:36 > 4:46:40to be followed, and to make sure that the only circumstances in which
4:46:40 > 4:46:47they are not followed and Clause nine has to be used as an example,
4:46:47 > 4:46:52is where in fact, it would be impossible to get an Article 50
4:46:52 > 4:46:57extension to enable the statutory process to take place before we go.
4:46:57 > 4:47:02If we start doing that, then if I may beg the suggestion, we are going
4:47:02 > 4:47:05to start talking sense and this has rather than ending up where we have
4:47:05 > 4:47:09been in the last three days, which is talking polemical nonsense. I
4:47:09 > 4:47:16give way. I am very grateful. When
4:47:16 > 4:47:19Czechoslovakia decided to form two countries with two governments, a
4:47:19 > 4:47:24very complicated task, it took six months' planning and was implemented
4:47:24 > 4:47:28over a weekend. Why does my right honourable friend think that the 16
4:47:28 > 4:47:33months that remains is not enough to reach an agreement or to reach the
4:47:33 > 4:47:36sad conclusion that an agreement is not possible in the mutual interests
4:47:36 > 4:47:43of both sides at, and do all that in an orderly way? Surely 16 months is
4:47:43 > 4:47:48more than enough time to sort this out.
4:47:48 > 4:47:52I can't help the fact that the reality is, we entered into a
4:47:52 > 4:47:56partnership which now includes 27 other member states. And you know,
4:47:56 > 4:47:59you can't just magic that away. They'll have their interests, and
4:47:59 > 4:48:03they are all going to have to be taken into consideration at the end.
4:48:03 > 4:48:06As we have seen with trade agreements reached with the EU and
4:48:06 > 4:48:11other states, they take time. Indeed, I have to say, I think my
4:48:11 > 4:48:14right honourable friend and some friends on the side of the house are
4:48:14 > 4:48:18frankly delusional in the belief of the speed with which these wonderful
4:48:18 > 4:48:22new trade agreements are going to be concluded with third countries once
4:48:22 > 4:48:27we leave the EU. The main anxiety I have that topic is that there are
4:48:27 > 4:48:33759 external treaties which come throughout membership of the EU,
4:48:33 > 4:48:40which we are in danger of losing via the amendment 381, tabled by the
4:48:40 > 4:48:47government in respect to putting a written in stone date on when we
4:48:47 > 4:48:51have to leave, and that is what should be worrying us just as much
4:48:51 > 4:48:57as any other aspect of leaving the EU. I give way.I am grateful for
4:48:57 > 4:49:02him giving way on that specific point. Isn't the real ludicrousness
4:49:02 > 4:49:05of amendment 381 that it is unenforceable, and that there is no
4:49:05 > 4:49:09punishment if that law is actually broken? As a former Attorney
4:49:09 > 4:49:12General, could he just say what is the point of having a law for which
4:49:12 > 4:49:18if the data is extended or broken, there is absolutely no consequence,
4:49:18 > 4:49:21and the minister will not be sent to prison for breaking it? It is a
4:49:21 > 4:49:26worthless political gesture. I hope the honourable gentleman
4:49:26 > 4:49:30would forgive me, but I don't think I entirely agree with him. If this
4:49:30 > 4:49:36stays on the statute book, the consequences that at 11pm on March
4:49:36 > 4:49:3929, even though the agreements and transitional arrangements and
4:49:39 > 4:49:44everything else have not been worked out, we would drop out of the EU,
4:49:44 > 4:49:47potentially, into the void which so much of this legislation is
4:49:47 > 4:49:51apparently designed to present. And all the benefits possible benefits
4:49:51 > 4:49:55of continuing transition would not be available, so I do think it
4:49:55 > 4:50:01actually matters very much indeed. And so that brings me, and I do not
4:50:01 > 4:50:05want to take up the house's time, to this famous point from this
4:50:05 > 4:50:10amendment, 381. Sprung on the house, sprung on the Conservative Party,
4:50:10 > 4:50:14certainly sprung on me after weeks of talking generally to my
4:50:14 > 4:50:18ministerial colleagues and trying to find a sensible way through, which I
4:50:18 > 4:50:26continue to want to do. And suddenly landed on us as being diktat. It is
4:50:26 > 4:50:39simply unacceptable become, because what it does is cast doubt upon the
4:50:39 > 4:50:42government's own ability, and makes me cast doubt on their confidence.
4:50:42 > 4:50:45Prevents the house from being able to exercise its scrutiny role
4:50:45 > 4:50:50properly, to the extent that it is almost invitation to run into the
4:50:50 > 4:50:53buffers. And while I do not believe this is what the government wants to
4:50:53 > 4:50:56do, certainly appears to play into the hands of those who seem to be so
4:50:56 > 4:50:59eager that we should leave the EU and absolutely no agreement
4:50:59 > 4:51:06whatsoever. I seriously worry that I go to audiences of the kind that
4:51:06 > 4:51:09seem to extol the virtues of some of my colleagues on the side of the
4:51:09 > 4:51:13house, and I am told that only a departure from the EU without any
4:51:13 > 4:51:18agreement at all can detoxify us of the taint of our participation, the
4:51:18 > 4:51:24very words that were used to be a big Conservative Party conference.
4:51:24 > 4:51:28-- used to me at the Conservative Party conference. I think the
4:51:28 > 4:51:33individuals who are saying these things are utterly misguided, do not
4:51:33 > 4:51:35understand how a parliamentary democracy nor an international
4:51:35 > 4:51:39community operates, and whatever their grievances may be, they are
4:51:39 > 4:51:42the people to whom we have to sensibly articulate an alternative
4:51:42 > 4:51:50approach. And so for that reason, what I would urge, I really pleased
4:51:50 > 4:51:55that amendment 381 does not have to be put to the vote and cannot be
4:51:55 > 4:51:58this afternoon, because I have to say to my honourable and right
4:51:58 > 4:52:05honourable friend, I will vote against it. Now ifs, no buts, no
4:52:05 > 4:52:09maybes about this, no arm-twisting, nothing that can be done to me in
4:52:09 > 4:52:13the intervening period. It is unacceptable, and I will not vote
4:52:13 > 4:52:18for it. I will not vote for it if I am the only person to go through the
4:52:18 > 4:52:21lobby to vote against it.
4:52:26 > 4:52:31So, the sensible thing is for them to go away, have several cups of
4:52:31 > 4:52:34tea, think again, continue talking to me about all those other sensible
4:52:34 > 4:52:38things we have been talking about and where we are likely to reach
4:52:38 > 4:52:42agreement, and just focus for a moment on where I think there is
4:52:42 > 4:52:49unanimity in this house about how we should proceed. A recognition of the
4:52:49 > 4:52:53government's problem. I should go away and try to craft an amendment
4:52:53 > 4:52:58myself as an alternative to my amendment number seven. See if I can
4:52:58 > 4:53:02do something that enables the government to have that backstop,
4:53:02 > 4:53:06but at the same time, ensure that that backstop cannot be used under
4:53:06 > 4:53:12any other circumstances than article 15 not being extendable, which is
4:53:12 > 4:53:16the obvious way of resolving this problem and not these barmy sort of
4:53:16 > 4:53:25cut-off dates and insistence on some magical formula to which we all have
4:53:25 > 4:53:30too subscribed and bow down to. I will not do so, the government wants
4:53:30 > 4:53:35my support, it will have it in spades. If we just get on with
4:53:35 > 4:53:38focusing on how we can carry out this difficult and frankly dangerous
4:53:38 > 4:53:46task, sensibly and in the national interest.
4:53:46 > 4:53:52I remind the House what Dame Rosie said earlier. There are a long list
4:53:52 > 4:53:58of colleagues still waiting to speak. So unless we have brief
4:53:58 > 4:54:02contributions, many colleagues would be disappointed because the first
4:54:02 > 4:54:12votes come at 6:51pm.
4:54:16 > 4:54:21This amendment would require the UK Government to gain the consent of
4:54:21 > 4:54:26the devolved parliaments and assemblies before it revealed the
4:54:26 > 4:54:31European act 1972. It would require proper consideration, consistence
4:54:31 > 4:54:35with constitutional settlements within these islands. For the Prime
4:54:35 > 4:54:39Minister have all four parts of the UK in agreement before the European
4:54:39 > 4:54:52Union Withdrawal Bill could come into force. The civil convention
4:54:52 > 4:54:57requires it would not normally do so without the consent of the devolved
4:54:57 > 4:55:07legislature.
4:55:08 > 4:55:13To proceed without the available agreement of at least two parts of
4:55:13 > 4:55:20the UK, Scotland and Wales, and the agreement of the other parts, which
4:55:20 > 4:55:28currently are obscured to me, would in my judgment be for Hardy and
4:55:28 > 4:55:33outrageous. As far as I can see, and I hope the Minister can perhaps
4:55:33 > 4:55:37correct me, the government has launched us into this process
4:55:37 > 4:55:41without properly considering how the views of the four parts of the UK
4:55:41 > 4:55:44could be ascertained, without proper consideration of the views of the
4:55:44 > 4:55:50Scottish and Welsh governments, with the means of ascertaining the views
4:55:50 > 4:55:55of Northern Ireland, and of course the elephant in the room, explaining
4:55:55 > 4:56:00precisely who speaks the England. Something which I think is always
4:56:00 > 4:56:06either unconsidered or unspoken in this place. What we do know from the
4:56:06 > 4:56:10following publication of the EU Withdrawal Bill, the Scottish SNP
4:56:10 > 4:56:13and Welsh Labour governments issued a joint statement calling it a naked
4:56:13 > 4:56:19power grab. But the worst government and the Scottish Government have
4:56:19 > 4:56:24since made this clear that the Bill as it stands would be rejected by
4:56:24 > 4:56:28the respective devolved governments -- both of the Welsh governments and
4:56:28 > 4:56:33the Scottish Government. Governments in Westminster are compelled
4:56:33 > 4:56:39unwillingly to take the powers to itself and the dispute in Northern
4:56:39 > 4:56:44Ireland between the parties, it is unclear to me at least how opinion
4:56:44 > 4:56:52in Northern Ireland is to be gauged. Lastly,... I will stop
4:56:57 > 4:57:00There is not a Northern Ireland Assembly in place to grant a
4:57:00 > 4:57:05resolution. Whilst we hope there to be one soon, surely we have decanted
4:57:05 > 4:57:15as a possibility that we could get to March 2019 without that.As I
4:57:15 > 4:57:19said earlier it is unclear to me what the situation is in Northern
4:57:19 > 4:57:22Ireland. There are rumours one way or the other that they are extremely
4:57:22 > 4:57:36close to resolution. Anything could happen. It is a principle of our
4:57:36 > 4:57:39amendment that democratically elected Assembly in Wales, Northern
4:57:39 > 4:57:42Ireland and in the Parliament of Scotland should have its say.I'm
4:57:42 > 4:57:48very grateful for allowing me to intervene. It is a constitutional
4:57:48 > 4:57:55convention of the utmost importance that the consent is given by all of
4:57:55 > 4:57:59the devolved institutions. Particularly with such a major
4:57:59 > 4:58:02constitutional change. In Northern Ireland we have no Northern Ireland
4:58:02 > 4:58:08Assembly. And we have no expectation of having one in the future. Even if
4:58:08 > 4:58:15I were to be surprised that the main parties could agree an Assembly, the
4:58:15 > 4:58:22figures such within the of 19 that the majority of them are anti-Brexit
4:58:22 > 4:58:27and will not give legislative consent. This Bill is going nowhere
4:58:27 > 4:58:34without the consent of Northern Ireland.I thank the honourable lady
4:58:34 > 4:58:38for that point. I'm loathe to stray into Northern Ireland politics for
4:58:38 > 4:58:47clear reasons. Only to say that it has been mentioned to me that some
4:58:47 > 4:58:53in Northern Ireland would surely see the government actually taking its
4:58:53 > 4:59:03decision with no Assembly in place. But lastly, the elephant in the
4:59:03 > 4:59:12room, who speaks the England? This is the last constitutional conundrum
4:59:12 > 4:59:16that successive governments have failed to address. Clearly on this
4:59:16 > 4:59:22matter it appears that this Conservative government does. Is the
4:59:22 > 4:59:29Labour opposition sanguine about this? I do not know how they will
4:59:29 > 4:59:33vote on this but I wish to remind them that for Labour colleagues in
4:59:33 > 4:59:38Cardiff, they are certainly not sanguine. The Minister points to the
4:59:38 > 4:59:43resurrected joint ministerial committee as a cover for that...I'm
4:59:43 > 4:59:48grateful. The House will of course be aware that the joint ministerial
4:59:48 > 4:59:52committee on EU negotiations has only met twice in the last year.
4:59:52 > 4:59:59Would my honourable friend agree that this committee fails to give a
4:59:59 > 5:00:02real voice in these negotiations and in its current form it is wholly
5:00:02 > 5:00:10inadequate for facilitating discussion and agreement?I thank
5:00:10 > 5:00:17him for his points. The government might wish to use the joint
5:00:17 > 5:00:20ministerial committee as a cover for proceeding with this matter but I
5:00:20 > 5:00:24have to tell the House that this committee so far hasn't proved
5:00:24 > 5:00:28itself to be a substitute for proper agreements obtained directly with
5:00:28 > 5:00:33the Welsh Assembly and Scottish Parliament. This committee, as
5:00:33 > 5:00:38obscure to many members of this place as it is to the press and the
5:00:38 > 5:00:42population at large, this JNC met in February and didn't meet again until
5:00:42 > 5:00:50October. The most important and momentous events were taking place
5:00:50 > 5:00:53and important decisions were being taken. The government sought to
5:00:53 > 5:00:58gloss over the real concerns of the Scottish and Welsh governments. As I
5:00:58 > 5:01:04said earlier, these have now been made clear. Lastly, as for the JMC
5:01:04 > 5:01:08itself, in the Brexit select committee of the 23rd of October I
5:01:08 > 5:01:12asked the Brexit Secretary what was the formal relationship between
5:01:12 > 5:01:18himself and the first Secretary of State who is handling the JMC. I
5:01:18 > 5:01:22asked him what is the formal relationship between your department
5:01:22 > 5:01:27and his and the specific issue. He replied, there is none at all. He is
5:01:27 > 5:01:32one of my oldest friends. To which I replied, he's a fine man I'm sure
5:01:32 > 5:01:38but I've been in this place long enough to know the ways of working
5:01:38 > 5:01:42and there are two conditions I believe. Whether it's a former
5:01:42 > 5:01:47relationship between departments there is accountability, and where
5:01:47 > 5:01:53there is no formal relationship and there is no accountability. No
5:01:53 > 5:01:58formal JMC report back but perhaps a chat between old friends. I have a
5:01:58 > 5:02:03large number of old friends, find people. I respect them but I
5:02:03 > 5:02:07certainly wouldn't base my decision about the future of my children and
5:02:07 > 5:02:16my grandchildren on them...Would he agree with me that the crucial issue
5:02:16 > 5:02:19is less the issue he is pressing in his amendment today but whether the
5:02:19 > 5:02:22government responds to the amendments put down a cross party
5:02:22 > 5:02:26bases about the Scotland and Wales act, other important matters in line
5:02:26 > 5:02:30with what the Scottish and Welsh governments have said? Responding to
5:02:30 > 5:02:34those in a positive way would show true respect for the constitutional
5:02:34 > 5:02:39settlement.I accept the force of the words of the honourable
5:02:39 > 5:02:43gentleman and as he knows we have supported a number of Labour
5:02:43 > 5:02:47amendments including this one. Plaid Cymru who have been warning of these
5:02:47 > 5:02:51problems for some time. We pray to the Welsh Secretary over the summer
5:02:51 > 5:02:56outlining positions for the Withdrawal Bill and asking for
5:02:56 > 5:03:01answers -- we wrote to the Welsh Secretary. The response was an
5:03:01 > 5:03:12aspiration received in September. Wholly inadequate. We raised it in a
5:03:12 > 5:03:17general debate on Brexit and foreign affairs on the 26th of June. We
5:03:17 > 5:03:20raised it during Brexit ministerial drop-in sessions on July the 19th.
5:03:20 > 5:03:25We raised it during the Queen's Speech on the 26th of July. We
5:03:25 > 5:03:34raised it in Welsh questions in September. We raised it on the 17th
5:03:34 > 5:03:42of October in the Brexit Committee. Not once have they told us how they
5:03:42 > 5:03:45plan to proceed if all legislatures do not support the Bill. The only
5:03:45 > 5:03:50conclusion we can draw is that they will press ahead regardless. It is
5:03:50 > 5:03:55after all within their legal right to do so, for the time being. The
5:03:55 > 5:04:00final step in...It would be fascinating if they did press on
5:04:00 > 5:04:08regardless. Three of the four Assembly or polymers were against
5:04:08 > 5:04:12and would show we weren't in a union but in a superstate which is what
5:04:12 > 5:04:19many in here say we are trying to get away from. That is the point
5:04:19 > 5:04:23with this amendment might elucidate and it's very well put by the
5:04:23 > 5:04:26honourable gentleman. The final step in trying to prise an answer out of
5:04:26 > 5:04:30the UK Government as to how they will act of the devolved parliaments
5:04:30 > 5:04:37reject this Bill is by gauging its reaction to this amendment. Calling
5:04:37 > 5:04:41for this Bill to be legally binding. That is why I will be pressing
5:04:41 > 5:04:47amendment 79 to a vote. It already has the support of the SNP, Lib
5:04:47 > 5:04:53Dems, Green Party and at least one Labour MP. In my view it would be
5:04:53 > 5:04:56unthinkable for Labour, the largest party in Wales, to oppose Wales
5:04:56 > 5:05:01having a say on a country to the stance of their colleagues in
5:05:01 > 5:05:05Cardiff. If the UK Government is deadly serious about having all four
5:05:05 > 5:05:11nations on board, if it is determined to respect the agenda, it
5:05:11 > 5:05:14will accept this amendment. If not we must assume the Prime Minister
5:05:14 > 5:05:19intends to ignore the clearly expressed will of the National
5:05:19 > 5:05:25Assembly for Wales and the Scottish Parliament, to deliver an approach
5:05:25 > 5:05:30that works for the whole of the UK, I urge everyone in this House to
5:05:30 > 5:05:40support our amendment 70 nine.Mr John Redwood.Clause one of this
5:05:40 > 5:05:45historic Bill is the most important constitutional matter to come before
5:05:45 > 5:05:51the House of Commons since the passage of the 1972 act itself. I
5:05:51 > 5:05:55have read some of those debates that Parliament then conducted. Indeed,
5:05:55 > 5:06:02you could say that today the repeal is more significant than the House
5:06:02 > 5:06:08believed the passage of the original act to be. When the original act was
5:06:08 > 5:06:12passed, the government reassured the House. The government told the House
5:06:12 > 5:06:20that this was no passage or surrender of sovereignty to a
5:06:20 > 5:06:26supranational body. This was no major transfer of power. It was
5:06:26 > 5:06:30instead a measured development of a Common Market that the areas in
5:06:30 > 5:06:33which the European Economic Community would have competence,
5:06:33 > 5:06:39would be very narrow and limited, and that the UK would preserve a
5:06:39 > 5:06:42veto so that if the EEC wish to propose anything, that the UK did
5:06:42 > 5:06:49not like, the UK would be able to exercise its veto and show that
5:06:49 > 5:06:54Parliament was still sovereign. That was a long time ago. Over the years
5:06:54 > 5:07:01we've seen that what appeared to be a modest measure to form a Common
5:07:01 > 5:07:05Market transformed itself into a mighty set of treaties through
5:07:05 > 5:07:11endless amendment and new treaty provision, into a very large and
5:07:11 > 5:07:16complex legal machine which became the true sovereign of our country.
5:07:16 > 5:07:19It exercised its sovereignty through the European Court of Justice, the
5:07:19 > 5:07:25one supreme body in our country all the time we remain in the EEC, and
5:07:25 > 5:07:29now the EU, and we have seen how that body can strike down Act of
5:07:29 > 5:07:34Parliament, can prevent ministers from taking any action they wish,
5:07:34 > 5:07:37can prevent this Parliament expressing a view and turning it
5:07:37 > 5:07:41into action.
5:07:42 > 5:07:47We were told EU would be unable to control our tax system, but there
5:07:47 > 5:07:51are items today which members of all sides of the house would like to
5:07:51 > 5:07:55abolish, but we are not allowed to bind European legal requirement. The
5:07:55 > 5:08:04two main parties which tried the route rid renegotiation of our
5:08:04 > 5:08:07relationship both agree that they wanted certain modest benefit
5:08:07 > 5:08:10changes to our welfare system, but both had to accept that they were
5:08:10 > 5:08:15quite illegal, and therefore it would have been inappropriate and
5:08:15 > 5:08:21impossible for this house to have taken action, which would have
5:08:21 > 5:08:24withstood the ECJ challenges. I will not take interventions. I am
5:08:24 > 5:08:27conscious we have very little time, and I wish other colleagues to be
5:08:27 > 5:08:32able to speak in this debate. We were unable all the time we were in
5:08:32 > 5:08:35the EU to have our own migration policy and decide who we wish to
5:08:35 > 5:08:39welcome them to our country. We can't have our own fishing policy,
5:08:39 > 5:08:44aren't farming policy, we have seen how we have moved into massive
5:08:44 > 5:08:49deficit both on fishing and farming, where we used to be in good trading
5:08:49 > 5:08:53surplus on fish before we joined the European Economic Community, and we
5:08:53 > 5:08:57used to produce most of the temperate food we needed before the
5:08:57 > 5:09:01Common Agricultural Policy started to bite. The British people decided
5:09:01 > 5:09:07in their wisdom that which take that control -- that we should take back
5:09:07 > 5:09:11control, and we should do that by this very important piece of
5:09:11 > 5:09:15legislation. And it is above all clause one which takes back that
5:09:15 > 5:09:21control, and the great news for colleagues on all sides of the house
5:09:21 > 5:09:26who have different views on whether we should leave or me is that
5:09:26 > 5:09:29they're genuine passion for democracy, which many happenings
5:09:29 > 5:09:33pressing from both sides of the argument today, can be satisfied by
5:09:33 > 5:09:37the passage of that clause one by the repeal of that piece of
5:09:37 > 5:09:42legislation. Once that has happened, when the repeal has taken place,
5:09:42 > 5:09:49then this parliament once again can hear the wishes of the British
5:09:49 > 5:09:53people and can change VAT, can change our fishing policy, can
5:09:53 > 5:09:56change our agriculture policy, can change our borders policy, can
5:09:56 > 5:10:01change our welfare policy in the ways I have already explained there
5:10:01 > 5:10:09are many colleagues wishing to join in. I am just hoping that the
5:10:09 > 5:10:11honourable and right honourable gentleman opposite will recognise
5:10:11 > 5:10:15that far from being a denial of democracy, as some seem to fear,
5:10:15 > 5:10:19they seem to think it is some ministerial power grab, this piece
5:10:19 > 5:10:23of legislation does the exact opposite. It means that once it has
5:10:23 > 5:10:29gone through, any minister of the Crown, no matter how grand, will not
5:10:29 > 5:10:33be able to use the excuse that they have to do something to satisfy the
5:10:33 > 5:10:36ECJ and the EU. They will have to answer to this House of Commons, and
5:10:36 > 5:10:40if they cannot command a majority for what they wish to do, then it
5:10:40 > 5:10:45will be changed. And that is the system that I and many opposition
5:10:45 > 5:10:49members believe in and that is the system which we are seeking to
5:10:49 > 5:10:58reintroduce into our country after many years ' absence, with this
5:10:58 > 5:11:01piece of legislation. There are also concerns about whether the date of
5:11:01 > 5:11:07exit should be included on the face of the bill. I think it is good
5:11:07 > 5:11:09parliamentary practice to put something of that importance on the
5:11:09 > 5:11:13face of the bill and to allow us extensive debate as they are having
5:11:13 > 5:11:16to date and doubtless which we will have more before the completion of
5:11:16 > 5:11:21this piece of legislation by both houses, so that the public can see
5:11:21 > 5:11:25we have considered it fully and come to review. I listen carefully to the
5:11:25 > 5:11:28right honourable member for Birkenhead, and was very sympathetic
5:11:28 > 5:11:32to what he was trying to do. But I will take the advice of ministers
5:11:32 > 5:11:36and support their particular version of the amendment, for the reasons
5:11:36 > 5:11:40which the minister set out very well. You need complete certainty,
5:11:40 > 5:11:45and that requires a precise time of transfer so that people know which
5:11:45 > 5:11:49law they are obeying and which caught they are ultimately
5:11:49 > 5:11:54answerable, minute by minute, as you approach the transfer of power on
5:11:54 > 5:11:59the day in question. That is a very important part of the process. I
5:11:59 > 5:12:03would also say to the house, those who have genuine fears that we will
5:12:03 > 5:12:07not have enough time to negotiate, I hope, are wrong. I think 16 months
5:12:07 > 5:12:11is a very long time to allow to see whether we can reach a really good
5:12:11 > 5:12:16agreement or not, and of course, we all hope we can reach a good
5:12:16 > 5:12:19agreement. Some of us know that if there is no agreement, it will be
5:12:19 > 5:12:25fine. We can trade in the WTO terms, we can put in place over the next 16
5:12:25 > 5:12:29months all the things you need to do on a contingency basis to make sure
5:12:29 > 5:12:34that if we just leave without an agreement, things will work. And
5:12:34 > 5:12:39again, I would appeal to all members in the house to understand that it
5:12:39 > 5:12:43may be a contingency members don't want, but it is a possible outcome.
5:12:43 > 5:12:48We cannot make the EU offer a sensible agreement which is in our
5:12:48 > 5:12:52mutual interest, and so surely this house has a duty to the public to
5:12:52 > 5:12:54plan intelligently and to scrutinise ministers as they go about putting
5:12:54 > 5:13:02in place the necessary devices to make sure it all works. The right or
5:13:02 > 5:13:05the Lady who leads the Home Affairs Select Committee should relax. She
5:13:05 > 5:13:08is talented, she is quite capable of leading her committee, I'm sure she
5:13:08 > 5:13:11can make it quite valuable contribution. Nobody is stopping
5:13:11 > 5:13:15hair or her committee is criticising, asking, producing
5:13:15 > 5:13:19ideas, helping the government, making sure there is that smooth
5:13:19 > 5:13:25transition. She and I both believe parliamentary democracy. She has an
5:13:25 > 5:13:29important position for this house and I wish you every success in
5:13:29 > 5:13:33pursuing it in the national interest so that ministers can be held to
5:13:33 > 5:13:37account. So, Sir David, the task before us should be one that brings
5:13:37 > 5:13:39Parliament together. We should not still be disputing whether we are
5:13:39 > 5:13:44leaving or not. We let the British people decide that, and then this
5:13:44 > 5:13:49has voted overwhelmingly to send in our notice. I explained at the time
5:13:49 > 5:13:52when we sent in the note is that that would be the decision point.
5:13:52 > 5:13:59Most members took it relatively willingly, some very willingly, and
5:13:59 > 5:14:03we now need to make sure that it works in the best interests of the
5:14:03 > 5:14:07British people. I would urge the house to come together to work on
5:14:07 > 5:14:09all those details to make sure that we can have a successful Brexit even
5:14:09 > 5:14:16if there is no agreement on offer after a suitable time of
5:14:16 > 5:14:20negotiating, and would urge the EU to understand that it is greatly in
5:14:20 > 5:14:26their interests to discuss as soon as the a future relationship,
5:14:26 > 5:14:30because if they don't do it soon, we will simply have to plan for no
5:14:30 > 5:14:36agreement, because it is our duty to make sure that everything works very
5:14:36 > 5:14:42smoothly at the end of March 20 19. Mr George Howarth.
5:14:42 > 5:14:50Thank you, Sir David. It is, I think, a pleasure to follow the
5:14:50 > 5:14:53right honourable gentleman, the member for Wokingham, who invited
5:14:53 > 5:14:59the house to come together and sort these problems out between us. The
5:14:59 > 5:15:03problem with his invitation, however, was exposed in the rest of
5:15:03 > 5:15:10his speech, whereby he was arguing that if we do come together, it has
5:15:10 > 5:15:15to be on his terms. There was no scope for those of us who believe
5:15:15 > 5:15:19there is a different way of doing this. We only can do it in the way
5:15:19 > 5:15:22that The Right Honourable gentleman and those who are agreed with him
5:15:22 > 5:15:29over many years think that it can be done, and certainly, it is an
5:15:29 > 5:15:35invitation that I am more than prepared to resist. I have written
5:15:35 > 5:15:44to speak in favour of my right honourable friend, the member for
5:15:44 > 5:15:47Pontefract and Castleford's amendment, which I think is very
5:15:47 > 5:15:53helpful, and also to speak in favour of the amendment in the right
5:15:53 > 5:15:58honourable member for Beaconsfield's name,
5:15:58 > 5:16:00honourable member for Beaconsfield's name,. Before I get on to that
5:16:00 > 5:16:05argument, I would like to say a word about the speech of my right
5:16:05 > 5:16:08honourable friend, the member for Birkenhead, who is a good friend of
5:16:08 > 5:16:14mine, and I have known for many years, and always respected. And my
5:16:14 > 5:16:17right honourable friend, the member for Birkenhead, compare this process
5:16:17 > 5:16:26to buying a house. And it was, you know, Sir David, quite seductive as
5:16:26 > 5:16:32a way of looking at it. But what my right honourable friend, the member
5:16:32 > 5:16:37for Birkenhead, neglected to realise is that in the process of buying a
5:16:37 > 5:16:47house, there is a thing called sold subject to contract. Now, Article 50
5:16:47 > 5:16:52might have represented sold subject to contract. We have yet to see what
5:16:52 > 5:16:58the contract is. And so my right honourable friend's analogy was
5:16:58 > 5:17:02perhaps more apposite than he realised, because we are in fact in
5:17:02 > 5:17:07that sort of process, but in a completely different stage to the
5:17:07 > 5:17:14one that he said. I will return directly to The Right Honourable
5:17:14 > 5:17:16member for Wokingham's argument about why the house should come
5:17:16 > 5:17:23together and white many of us -- why many of us believe that that might
5:17:23 > 5:17:27be possible, but we are not at that point yet. I have two yardsticks
5:17:27 > 5:17:33which I will apply before I decide, if I get the opportunity, provided
5:17:33 > 5:17:38by the amendments I have referred to, I which I will decide whether or
5:17:38 > 5:17:43not it is the right thing to do. The first one, everyone has rightly said
5:17:43 > 5:17:50that the people of this country voted to leave, and it is true. They
5:17:50 > 5:17:55did, by a smallish margin, but nevertheless, in my constituency,
5:17:55 > 5:17:58they voted exactly the same as the national results. So there is an
5:17:58 > 5:18:03obligation on us to recognise, as knowledge, and deal with the
5:18:03 > 5:18:10implications of that referendum vote. But what they didn't vote for
5:18:10 > 5:18:20was for an agreement, the dimensions of which we don't even understand.
5:18:20 > 5:18:25And that is where we are at the moment. So the yardsticks I will
5:18:25 > 5:18:29judge them by our, first of all, those that my constituents on the
5:18:29 > 5:18:33doorstep raised with me. First of all, they said they were going to
5:18:33 > 5:18:36vote to leave because they did not like the amount of immigration that
5:18:36 > 5:18:41was happening in this country. I argued with them, but that was the
5:18:41 > 5:18:47argument that was put to me. The second thing they argued for was
5:18:47 > 5:18:53parliamentary sovereignty. Quite often, I did try to explore that
5:18:53 > 5:18:57more fully with people, but it didn't often end up in a very
5:18:57 > 5:19:02productive conversation. And the third thing they argued for was
5:19:02 > 5:19:08greater economic freedom. There were other arguments that had been
5:19:08 > 5:19:12discussed and will be debated, no doubt. But they were the three main
5:19:12 > 5:19:18issues that were raised on the doorsteps. And so, I can directly
5:19:18 > 5:19:20back to the right honourable gentleman for Wokingham and his
5:19:20 > 5:19:28question. What are we as a house supposed to unite and? At this
5:19:28 > 5:19:31stage, I don't know whether any of the reasons that my constituents
5:19:31 > 5:19:39voted the way they did will be addressed not by this, but why the
5:19:39 > 5:19:43final deal the government comes to. I don't know, the government doesn't
5:19:43 > 5:19:46know, my constituents don't know, the house doesn't know, and yet,
5:19:46 > 5:19:50somehow or other, we're asked to take it on trust that at some point,
5:19:50 > 5:19:55all will be revealed and there will be nothing that we need to worry
5:19:55 > 5:20:00about. Well, forgive me, I have been in this house a number of years in
5:20:00 > 5:20:04opposition and government, and I know that there is always something
5:20:04 > 5:20:08to worry about! Particularly when a government is in a position where
5:20:08 > 5:20:13they don't need to -- where they don't even know what the end of the
5:20:13 > 5:20:16process is likely to bring. I will give way, but only this once,
5:20:16 > 5:20:20because I do want to conclude.Is the integration of what he is saying
5:20:20 > 5:20:26that unless he is satisfied with an agreement, he will not allow us to
5:20:26 > 5:20:33leave the European Union?I will come... I will answer before I
5:20:33 > 5:20:41finished precisely that point. If he will forgive me, I will do it on my
5:20:41 > 5:20:49own particular way. The second test I would reply, Sir David, is a
5:20:49 > 5:20:56fairly straightforward one. Are we heading into economic disaster?
5:20:56 > 5:21:01Because at this stage, we are unable to say. We don't know what the trade
5:21:01 > 5:21:07terms will be, we don't know how it will affect businesses in this
5:21:07 > 5:21:10country, we don't know how will affect workforces, and all of that
5:21:10 > 5:21:19is to be negotiated. Now, if at the end of this process, all of those
5:21:19 > 5:21:25things have been answered to the satisfaction of my constituents, I
5:21:25 > 5:21:29could vote at the end of it, provided I have the opportunity,
5:21:29 > 5:21:38still to leave the European Union. But at this stage, there is so much
5:21:38 > 5:21:43lack of clarity about where we stand and where we are going to get to
5:21:43 > 5:21:47that any commitment to say I would definitely do so, any commitment to
5:21:47 > 5:21:52say to my constituents, everything you have voted for isn't going to
5:21:52 > 5:21:57happen, on top of which, it will be economic or disastrous for us, I am
5:21:57 > 5:22:03not prepared to give that out. So I say this to the government, get on
5:22:03 > 5:22:09with the negotiation, or we want the opportunity to say, this is not
5:22:09 > 5:22:12right for our constituents. And I will vote with The Right Honourable
5:22:12 > 5:22:16gentleman for Beaconsfield and my right honourable friend with their
5:22:16 > 5:22:19amendments, just to make sure that we have exactly that opportunity to
5:22:19 > 5:22:25do so. Mr Bernard Jenkin.
5:22:25 > 5:22:29Thank you. I reflect on this debate, having often taken part in such
5:22:29 > 5:22:34debates and feeling in the minority when opposing a new European treaty.
5:22:34 > 5:22:37I wonder whether I am still in the minority in this house, that this
5:22:37 > 5:22:42has actually probably has more Remainer is that lever is in it, and
5:22:42 > 5:22:47that probably rather colours the judgment of many people taking part
5:22:47 > 5:22:55in this debate. -- more Remainers than Leavers. Let me finish the
5:22:55 > 5:23:02point. I believe as passionately in my case as she does in his, and I am
5:23:02 > 5:23:07sympathising, I understand. But the truth is, we have to accept the
5:23:07 > 5:23:14country voted leave, and the one thing we know about what the people
5:23:14 > 5:23:17voted for, whether they voted for this deal that the law they believe
5:23:17 > 5:23:21that bit of or disbelieve that bit, the one thing it said on the ballot
5:23:21 > 5:23:24paper was that they will voting to leave the European Union. That they
5:23:24 > 5:23:30were voting to leave. And I cannot understand how anyone, and he just
5:23:30 > 5:23:33did, can come to this house and say, there might be circumstances where
5:23:33 > 5:23:37riots city not going to respect that decision, because that is what it
5:23:37 > 5:23:40amounts to. -- where I am not going to respect that decision. I am going
5:23:40 > 5:23:46to give way very little, but I will give way.
5:23:46 > 5:23:50So Winston Churchill said the role of an MP was to pick country first,
5:23:50 > 5:23:54constituency and then party. If the government comes back with a bad
5:23:54 > 5:23:59deal, does he not accept that allowing it to go forward would be
5:23:59 > 5:24:03putting none of those three first? That brings me to my next point. I
5:24:03 > 5:24:06feel a lot of this debate is re-running many of the arguments
5:24:06 > 5:24:11that took place during the referendum. The Remain case was
5:24:11 > 5:24:15premised on the idea that it's a horrible cruel world and you can't
5:24:15 > 5:24:18survive outside the EU, it's going to be completely disastrous, and
5:24:18 > 5:24:22unless they give us lots of help and support and agree to a lot of stuff
5:24:22 > 5:24:29but we would like, then we are going to be out on our own in the cold. Do
5:24:29 > 5:24:32you know what? It's not true. Most countries aren't in the EU and they
5:24:32 > 5:24:36are fine. Sometimes this debate loses sight of that. I want to speak
5:24:36 > 5:24:50in favour of clause stand part. This is a very important Bill. The most
5:24:50 > 5:24:55important joint. It's so much more significant than it was after 45
5:24:55 > 5:25:01years of membership. The principle of democracy is this the Parliament
5:25:01 > 5:25:04legislates and ministers have to obey the law and implement the law.
5:25:04 > 5:25:08The problem with the European Union is it turned out ministers into
5:25:08 > 5:25:16legislators. They go to Brussels, they sit in Council, they legislate,
5:25:16 > 5:25:20and then they bring back faked a company legislation which is imposed
5:25:20 > 5:25:31on this House. -- fait accompli legislation. There is something a
5:25:31 > 5:25:35bit inconsistent, and I understand why they are saying it, but a bit
5:25:35 > 5:25:39inconsistent in people complaining about this Parliament not being
5:25:39 > 5:25:42treated properly when the whole principle of our membership of the
5:25:42 > 5:25:45EU was to take away the of right this House to make the laws of this
5:25:45 > 5:25:51country.I note the honourable member just said it was wholly
5:25:51 > 5:25:55inappropriate for ministers to go to Brussels and bring back a fait
5:25:55 > 5:26:01accompli. Would it not therefore, in relation to this negotiation, be
5:26:01 > 5:26:05wholly inappropriate for ministers to go to Brussels and bring back a
5:26:05 > 5:26:08fait accompli, and not give Parliament it proper opportunity to
5:26:08 > 5:26:13say you've got this wrong, you've got to renegotiate?Completely
5:26:13 > 5:26:17agree, which is why this House should have the right to accept or
5:26:17 > 5:26:23reject the deal. And it will. It will have the right to accept or
5:26:23 > 5:26:27reject the withdrawal Act. But it will not change the decision whether
5:26:27 > 5:26:32or not we leave the European Union. That decision has been taken. That's
5:26:32 > 5:26:38why I want to come to the main point... I will give way in a
5:26:38 > 5:26:44moment. I want to come to the whole point about the date. The referendum
5:26:44 > 5:26:50said leave. We were all told we had to use Article 50. Article 50 says
5:26:50 > 5:26:56on the outside of the tin it takes two years maximum. So the date is
5:26:56 > 5:27:00already fixed. There is no choice about the date. The date has got to
5:27:00 > 5:27:05be in the Bill otherwise we are actually weakening our negotiating
5:27:05 > 5:27:10position. We are putting ourselves... Let me make the point
5:27:10 > 5:27:15and then I will give way. We can't go into the negotiations saying
5:27:15 > 5:27:19we've signed up to Article 50 but we don't accept we might have to leave
5:27:19 > 5:27:23after two years. We might come begging asking for a bit more time.
5:27:23 > 5:27:30That will not put us in a strong negotiating position.And most
5:27:30 > 5:27:34grateful. In my view there is absolutely no evidence at the moment
5:27:34 > 5:27:41that public opinion on this issue has shifted at all. Let's suppose as
5:27:41 > 5:27:46a hypothesis that by the end of next year it becomes clear from opinion
5:27:46 > 5:27:51polls that 90% of the population believe a mistake has been made in
5:27:51 > 5:27:57triggering Article 50. Is it seriously his position that as a
5:27:57 > 5:28:02house we would in those circumstances entirely ignore that?
5:28:02 > 5:28:08If that was in fact the evidence being presented repeatedly?He's a
5:28:08 > 5:28:15very able barrister and present his case extremely well but we are into
5:28:15 > 5:28:23hypotheticals.LAUGHTERHe used the word hypotheticals. The fact is,
5:28:23 > 5:28:28Article 50 was passed by an Act of Parliament by this House by 498
5:28:28 > 5:28:35votes to 114 at the second reading. All that these three amendments do
5:28:35 > 5:28:40is simply a line this Bill with what this House voted for so
5:28:40 > 5:28:48overwhelmingly. I will give way but...I'm very interested in the
5:28:48 > 5:28:50point my honourable friend makes about the fact that the date should
5:28:50 > 5:28:54have been on the Bill. That was a really important thing. Can he tell
5:28:54 > 5:28:58us why it was he didn't put down an amendment to the Bill to put the
5:28:58 > 5:29:03date into this Bill?Would I be telling tales out of school if I
5:29:03 > 5:29:09said I thought about it? And I discussed it, and there was plenty
5:29:09 > 5:29:14of friendly discussion about it. In the end of the government has
5:29:14 > 5:29:18decided this for itself and I am supporting the government. Given
5:29:18 > 5:29:24that we are in a slightly minority situation in this Parliament, and we
5:29:24 > 5:29:31have to deliver a very difficult Brexit, negotiations, I think it's
5:29:31 > 5:29:34incumbent on all of us on this side of the House to support the
5:29:34 > 5:29:39government whenever we can.I completely agree with the vast
5:29:39 > 5:29:44amount of what he has said. Article 50 sets the date. Article 50 also
5:29:44 > 5:29:51sets the process. The last part of the process is a vote in the
5:29:51 > 5:29:56European Parliament. As I recall from my time in that Parliament,
5:29:56 > 5:30:02that Parliament often asks for a little bit extra at the last minute.
5:30:02 > 5:30:06My concern with hard-wiring this date is it makes it more difficult
5:30:06 > 5:30:13for our government and the other 27 national governments to give that
5:30:13 > 5:30:18little bit of extra time should they need it, and therefore it loses our
5:30:18 > 5:30:23flexibility, it doesn't give more. That's my only concern.
5:30:23 > 5:30:27Unfortunately, even the European Parliament can't change the exit
5:30:27 > 5:30:31date. It would have to be agreed by all the other member states. To
5:30:31 > 5:30:38premise our negotiating position, on our ability to persuade 27 member
5:30:38 > 5:30:41states and the commissioner and the negotiating team in Brussels that we
5:30:41 > 5:30:49want to extend the date is a completely wrong thing to do.
5:30:49 > 5:30:52Anybody who's going to vote against this date really has to have
5:30:52 > 5:31:02confidence that they can change the date that has already been set. The
5:31:02 > 5:31:13whole point about this deal, no deal scenario, is, as I've already said,
5:31:13 > 5:31:17is that we either accept the deal and this House either plates on the
5:31:17 > 5:31:23deal, or there is no deal. That is the choice available to this House.
5:31:23 > 5:31:32This House cannot veto Brexit. Anybody... I wish to conclude.
5:31:32 > 5:31:37Anyone who voted for the Article 50 notification of Withdrawal Bill
5:31:37 > 5:31:44really is obliged to support this amendment, because that is the date
5:31:44 > 5:31:47that they implicitly voted for when they voted for that Bill, the
5:31:47 > 5:31:55two-year period. Anyone who voted for Article 50 but then do not wish
5:31:55 > 5:31:59to fix the date, they are open to the charge that they do not actually
5:31:59 > 5:32:08want us to leave the European Union. Absolutely disgraceful.The idea
5:32:08 > 5:32:16that if we don't have the deal, we're jumping into a "Void"
5:32:16 > 5:32:18that if we don't have the deal, we're jumping into a "Void", putting
5:32:18 > 5:32:24this in is going to constrain our negotiations, putting this date
5:32:24 > 5:32:27disenfranchises Parliament. I respect the sincerity of my right
5:32:27 > 5:32:32honourable friend's passion but to call this a balmy cut-off date when
5:32:32 > 5:32:41he voted for this date, when he voted for the Article 50 Bill. What
5:32:41 > 5:32:45this amendment does is it rumbles those who have not really accepted
5:32:45 > 5:32:53that we are leaving the European Union.My honourable friend knows
5:32:53 > 5:32:56that I share his fundamental beliefs about the need for us to leave the
5:32:56 > 5:33:02European Union. But reflecting on what he has said, is there not merit
5:33:02 > 5:33:10in his suggestion that we needn't have a fixed date? Suppose our own
5:33:10 > 5:33:16negotiators wish an extension. It is curtailing the flexibility of room
5:33:16 > 5:33:19for manoeuvre. Mike Leonard friend has proposed an ingenious and what I
5:33:19 > 5:33:24would suggest commendable solution, which is that we write into the Bill
5:33:24 > 5:33:28the debate but we create exceptions or circumstances in which the
5:33:28 > 5:33:36negotiators might need it. I would urge all my friends who shared the
5:33:36 > 5:33:42views I do to reflect carefully and the suggestions made by the Right
5:33:42 > 5:33:50honourable member for Beaconsfield. It requires careful reflection.If
5:33:50 > 5:33:54we are begging the European Union to extend the time because they have
5:33:54 > 5:33:57runners up against the timetable, and let's face it, it's the European
5:33:57 > 5:34:01Union that is refusing to negotiate on substantive issues at the moment,
5:34:01 > 5:34:09not us. We should be clear, we should be strong, but if they do not
5:34:09 > 5:34:12reach an agreement with us by a certain date we are leaving without
5:34:12 > 5:34:18a deal, and that would put us in a stronger negotiating position than
5:34:18 > 5:34:22ever.While I'm pleased to start by saying that irrespective of what
5:34:22 > 5:34:27might or might not be in this particular Bill, of course I would
5:34:27 > 5:34:31not want us to leave the European Union. I must say there have been
5:34:31 > 5:34:37some rational speeches from the Conservative benches opposite, in
5:34:37 > 5:34:40particular those from the Right honourable member for Rushcliffe and
5:34:40 > 5:34:44Beaconsfield. I've also seen a significant level of rational
5:34:44 > 5:34:54nodding off heads during their speeches as well. What I hope is
5:34:54 > 5:34:57that as this debate develops, many more of those rational Conservatives
5:34:57 > 5:35:08are willing to speak out. Of course, I think that they as I do believe
5:35:08 > 5:35:12that leaving the EU was going to cause significant damage before the
5:35:12 > 5:35:17referendum, but they continue to believe that to this day. And as
5:35:17 > 5:35:21they see the Brexit negotiations proceeding I suspect their view has
5:35:21 > 5:35:25been reinforced. I hope we will see many more outspoken speeches from
5:35:25 > 5:35:34Conservatives opposite. The debate has inevitably been peppered from
5:35:34 > 5:35:39the government benches, the fourth row which has been referred to
5:35:39 > 5:35:42frequently, with the usual cliches from the usual suspects about the
5:35:42 > 5:35:48impact of the European Union. The European bureaucrats plundering our
5:35:48 > 5:35:55fish, the secrecy that implies. The Right honourable member of the Stone
5:35:55 > 5:35:59is no longer in his place but I don't know if he's ever participated
5:35:59 > 5:36:03in a Cabinet committee meeting. If he's worried about secrecy he can
5:36:03 > 5:36:07perhaps participate in some of those and see how clear that
5:36:07 > 5:36:13decision-making process is. And of course, there have been many
5:36:13 > 5:36:17references to the importance of sovereignty in this Parliament,
5:36:17 > 5:36:23which of course is important and drawing unfavourable comparisons
5:36:23 > 5:36:28with the European Union but also completely disregarding the way that
5:36:28 > 5:36:33that body conducts itself through the Council of ministers and the
5:36:33 > 5:36:37role of members of the European Parliament. I think the only thing
5:36:37 > 5:36:41that has been missing from the debate today has been a reference to
5:36:41 > 5:36:49the European Union requiring, or in fact stopping children blowing up
5:36:49 > 5:36:51balloons, and no doubt of the Foreign Secretary had been here he
5:36:51 > 5:36:57would have been able to add to that list of cliches about the impact of
5:36:57 > 5:37:01the European Union. It is a shame he's not here to add to that, to
5:37:01 > 5:37:07reheat that particular one. I'm going to make no apologies for
5:37:07 > 5:37:12seeking to amend this Bill and supporting a large number of
5:37:12 > 5:37:15amendments proposed by others on both sides, although I don't have
5:37:15 > 5:37:19much confidence that this Bill is one which can in fact been knocked
5:37:19 > 5:37:25into shape. I will give way at a later stage, particularly from
5:37:25 > 5:37:29people who haven't perhaps had an opportunity to intervene. I don't
5:37:29 > 5:37:35know whether the right honourable gentleman for Birkenhead who is no
5:37:35 > 5:37:40longer in his place... He's over there. I don't know whether his new
5:37:40 > 5:37:46clause was in fact a politically inspired amendment, but it's very
5:37:46 > 5:37:52clear the Prime Minister's, and there's been many reference to it,
5:37:52 > 5:37:57was very much a political initiative.
5:37:57 > 5:38:02I will give way once. As I think you should, given what
5:38:02 > 5:38:07you are imputing. It was politically inspired, of course, because I
5:38:07 > 5:38:11wanted to see a date in the bill. If one was suggesting that somebody
5:38:11 > 5:38:19else was actually directing what I should table, I might have a word
5:38:19 > 5:38:25with the whips her and see how easy a job that is. -- here.Well, I
5:38:25 > 5:38:29thank him for that intervention, but I am a little bit perplexed, because
5:38:29 > 5:38:32I was not suggesting that anyone had been pulling his strings. I just
5:38:32 > 5:38:36wondered whether his own political inspiration had led him to put this
5:38:36 > 5:38:43forward. But I think what he has done, and what a government
5:38:43 > 5:38:46amendment has done the same, is point out that these amendments are
5:38:46 > 5:38:54both damaging and irresponsible, and that the government could of their
5:38:54 > 5:38:59own volition choose to change this at any date. One must wonder whether
5:38:59 > 5:39:02if, in fact, we were very close to a deal just a matter of days or hours
5:39:02 > 5:39:10away, whether the government would seek to do that. I will give way to
5:39:10 > 5:39:14be honourable lady. I am grateful. Thank you. Does he
5:39:14 > 5:39:18accept, though, that we are actually coming out of the EU, and this is
5:39:18 > 5:39:24not a game of Okey Kirtley with one foot in and one foot out?
5:39:24 > 5:39:28Well, I don't think we often play games of okey cokey in this chamber,
5:39:28 > 5:39:31and I do not think I would want us to do that today. In fact, what we
5:39:31 > 5:39:35are debating is something that is without a doubt the most serious
5:39:35 > 5:39:39issue the UK has faced in the last 50 years, and one which I'm afraid
5:39:39 > 5:39:43the government are not conducting terribly efficiently, and we have
5:39:43 > 5:39:45seen from the Prime Ministersamendment that what she
5:39:45 > 5:39:50secured from that was perhaps one or two newspaper headlines. What it did
5:39:50 > 5:39:55not succeed in doing, I'm very pleased to see, is stemming the Tory
5:39:55 > 5:40:00resistance. I do perhaps encourage the use of the word resistance. I
5:40:00 > 5:40:05don't know whether many members have read Matthew Parris' article where
5:40:05 > 5:40:08he has suggested we should use resistance as the way of describing
5:40:08 > 5:40:13us in the way that perhaps some of the people opposite would prefer to
5:40:13 > 5:40:17describe us as we moaners or indeed traitorous. On that point, I am
5:40:17 > 5:40:24happy to give way. Call the honourable member a Remon,
5:40:24 > 5:40:29but he is a Democrat, a Liberal Democrat, and I wonder if he -- I
5:40:29 > 5:40:33wonder what kind of Democrat he is, when he does not accept the result
5:40:33 > 5:40:37of the referendum, he does not accept the 52% of people voted to
5:40:37 > 5:40:41leave, and that the Prime Minister made it clear we would accept the
5:40:41 > 5:40:47result. 41% of his constituents voted for him. 52% voted to leave
5:40:47 > 5:40:51the European Union. When Healy going to ask a rerun in his own seat?
5:40:51 > 5:40:54I'm sure whatever about to say to him will reassure him that I am
5:40:54 > 5:40:57Democrat, because he will be very aware what the Liberal Democrats are
5:40:57 > 5:41:01saying is that the only way in which the vote on June 23 last year could
5:41:01 > 5:41:05be undone as by means of a referendum, if everybody in the
5:41:05 > 5:41:09country who might have changed their minds, and I would like perhaps him
5:41:09 > 5:41:14to explain why it is that on this particular one issue, that the
5:41:14 > 5:41:19people have the right to express their will, but only once, and never
5:41:19 > 5:41:24again. That is not what we are arguing democratically. We are I
5:41:24 > 5:41:26doing there should be another opportunity. I am not going to give
5:41:26 > 5:41:32way. I am going to give way to my honourable friend.
5:41:32 > 5:41:37Would he agree that there is a fundamental lack of understanding of
5:41:37 > 5:41:41our democracy? Democracy is not a thing fixed in stone. A decision
5:41:41 > 5:41:45that has been made once is not a decision that is there forever on
5:41:45 > 5:41:50the day, and indeed, our parliamentary democracy is based on
5:41:50 > 5:41:54every five years, that people can change their vote and vote for
5:41:54 > 5:41:57something else. And indeed, referendum should not be seen as
5:41:57 > 5:42:01something that is ever fixed in stone.
5:42:01 > 5:42:07Indeed, of course, there are, and the honourable member for Stone as
5:42:07 > 5:42:10someone who thinks our democracy is set in stone and decision. It is
5:42:10 > 5:42:14interesting that when there was an intervention for the honourable
5:42:14 > 5:42:19member for Harrow and North Essex, when he was asked the question if 12
5:42:19 > 5:42:21months from now, 90% of the population felt that this was in
5:42:21 > 5:42:25fact a mistake that had been made the 23rd of June, it seemed to me as
5:42:25 > 5:42:29if was saying we're still going to proceed with this regardless,
5:42:29 > 5:42:36completely overlooking the change in public opinion. In relation to new
5:42:36 > 5:42:39clause 49, clearly we will be opposing it. I did learn one thing
5:42:39 > 5:42:44during that debate, that is apparently that the honourable
5:42:44 > 5:42:51member for Birkenhead is not an ardent Brexiteer. Well, I am
5:42:51 > 5:42:55surprised to learn that, but I welcome that for him it was evenly
5:42:55 > 5:43:00balanced, although I was a bit worried that he did at one point say
5:43:00 > 5:43:05that we did not need more facts. Actually, I think it is important to
5:43:05 > 5:43:09our fact, not necessarily always to act on one's. Field. I said would
5:43:09 > 5:43:14give way.I think you completely misrepresented what I said. They
5:43:14 > 5:43:17said was hypothetical. Does he really believe the British people
5:43:17 > 5:43:21are going to change their minds about this? It may be a pious hope,
5:43:21 > 5:43:24but if anything, if there was another referendum, Leave would win
5:43:24 > 5:43:30by a far bigger majority next time. How indeed he has answered a
5:43:30 > 5:43:33hypothetical with a hypothetical, so I think we should better leave it
5:43:33 > 5:43:37there. So no, I will not be supporting the new clause 49, as the
5:43:37 > 5:43:41member for Birkenhead has articulated. I think the difficulty
5:43:41 > 5:43:47with his amendment on the government amendment is that actually, we are
5:43:47 > 5:43:50making our negotiating position much worse by having a fixed deadline and
5:43:50 > 5:43:55not leaving the scope to allow Article 50 to be extended if the
5:43:55 > 5:43:58negotiations were close to a conclusion but were there. I think
5:43:58 > 5:44:04that is constraining us unnecessarily. In relation to the
5:44:04 > 5:44:09government's position, I think they have been fairly comprehensive that
5:44:09 > 5:44:11their amendments have been demolished by others during this
5:44:11 > 5:44:14debate, and my concern in the intervention that was made is that
5:44:14 > 5:44:19the government seem to still be arguing that no deal is something
5:44:19 > 5:44:26that they will happily pursue or they are considering as an option,
5:44:26 > 5:44:31notwithstanding the huge level of concern expressed by all sectors and
5:44:31 > 5:44:37all the businesses I have met about the impact of no deal, and I would
5:44:37 > 5:44:40recommend the members present, if they haven't already bent, to go to
5:44:40 > 5:44:44the Port of Dover and watch the process of trucks arriving at the
5:44:44 > 5:44:49port, getting on a ferry, the ferry leaving, and on the ferry coming in
5:44:49 > 5:44:55on the other direction, trucks getting up and leaving the port.
5:44:55 > 5:44:59That is a seamless process that does not stop. The lorry is barely slowed
5:44:59 > 5:45:03down as it approaches Dover, as they get onto the ferry and leave.
5:45:03 > 5:45:07Anything that gets in the way of that process, even if it is an extra
5:45:07 > 5:45:14minute's processing time, we'll lock that port down, and I think that
5:45:14 > 5:45:18members who think that no deal is a happy, easy option need to go and
5:45:18 > 5:45:23talk to them and see where the outcome would be. Amendment 79, I am
5:45:23 > 5:45:27very happy to be supporting that, because that is about ensuring that
5:45:27 > 5:45:30the devolved assemblies have some say in this. So far, that is
5:45:30 > 5:45:35something that has been very significantly denied. And if we have
5:45:35 > 5:45:41a vote on clause one to stand apart, certainly, I will be ensuring
5:45:41 > 5:45:45that... I am happy to give way. I am very grateful to him for giving
5:45:45 > 5:45:56way. Like him, I am sceptical about clause one, because it is asking
5:45:56 > 5:46:03Parliament to agree to sweep away the whole body of the 1972 European
5:46:03 > 5:46:09Communities Act without knowing what on earth will replace it. It is
5:46:09 > 5:46:13asking us to embark upon a journey without knowing the destination. I
5:46:13 > 5:46:18think conditions should be placed on the repeal of the 1972 act, for
5:46:18 > 5:46:21instance, we should have a treaty with the European Union before that
5:46:21 > 5:46:26repeal is allowed to take place. I thank you very much for that
5:46:26 > 5:46:31intervention, and I think there may be an opportunity to put that to the
5:46:31 > 5:46:35test shortly. And with that, I conclude my remarks, but just to say
5:46:35 > 5:46:40that I think unfortunately again, this debate has revealed some of
5:46:40 > 5:46:45the, I think, the obsession that Europe holds in the hearts of some
5:46:45 > 5:46:51of those opposite, who I think, I'm afraid, when it comes to Europe, our
5:46:51 > 5:46:54membership of the EU, have left their rationality at the door of
5:46:54 > 5:47:00this chamber and a leading the country down a path which I think,
5:47:00 > 5:47:04if we proceed and we exit the European Union, will in my view, in
5:47:04 > 5:47:09the view of many Cabinet members sitting there on the front bench,
5:47:09 > 5:47:12many Conservative members of Parliament, and indeed, many members
5:47:12 > 5:47:16on this site, will do us long-lasting damage as the country.
5:47:19 > 5:47:24My concern here is related to the typing issues, which apply to the
5:47:24 > 5:47:27phase one X it period and by implication the transition period,
5:47:27 > 5:47:33and also by extension, how those periods linking to the proposed
5:47:33 > 5:47:37timing of the phase two deal on a future relationship with the EU
5:47:37 > 5:47:40following Brexit. This is the subject of a number of
5:47:40 > 5:47:43interconnected amendments. In terms of timing, the key point is that we
5:47:43 > 5:47:51rightly or on wrongly, have cropped our insistence that the terms of
5:47:51 > 5:47:54withdrawal for what is known as phase one should be negotiated at
5:47:54 > 5:47:58the same time per the terms of our future relationship known as phase
5:47:58 > 5:48:03two. As things stand, the EU are saying we should get phase one
5:48:03 > 5:48:06sorted out, Northern Ireland, citizens rights, the amount of
5:48:06 > 5:48:09money, before we start phase two discussions. The government says
5:48:09 > 5:48:13pays to discussions should start in December, but the EU says it with
5:48:13 > 5:48:19your move forward with the next couple of weeks, clearly from the
5:48:19 > 5:48:22EU's commission's perspective and some business perspective, timelines
5:48:22 > 5:48:27are moving from tight to critical in terms of the need for transitional
5:48:27 > 5:48:30arrangement and the phase two outcome. I separate the two because
5:48:30 > 5:48:34the transitional period is legally derived from and relates to the
5:48:34 > 5:48:40phase one X it to withdraw exit date set out in Article 50. This would
5:48:40 > 5:48:44provide time to change over regulators and allow company systems
5:48:44 > 5:48:49to be changeover as well, and then incidentally, it would also be used
5:48:49 > 5:48:52as a standstill period during which time the government could conduct
5:48:52 > 5:48:57its negotiations in respect of phase two. Having heard the debate so far
5:48:57 > 5:49:00today in this place and indeed elsewhere, I am still unsure as to
5:49:00 > 5:49:06why we should fix an accident date. It would thereby fix the date of the
5:49:06 > 5:49:09transitional agreement. I can only see a downside in terms of the
5:49:09 > 5:49:13government losing control of one of the levers that it could use to
5:49:13 > 5:49:17control the negotiations. Briefings I have just received indicate also
5:49:17 > 5:49:22that removing the flexibility of having different exit date is the
5:49:22 > 5:49:27different issues could undermine the banking and insurance sectors'
5:49:27 > 5:49:31abilities to amend their systems in time, risking financial instability.
5:49:31 > 5:49:36This proposal to fix a date also possibly pushes us into a corner and
5:49:36 > 5:49:41increases the EU team's Loveridge, absolutely unnecessarily in my view.
5:49:41 > 5:49:44As has been said today, when ministers came to the Brexit select
5:49:44 > 5:49:49committee, the flexibility to set multiple exit dates was described to
5:49:49 > 5:49:55us as a tool for setting different commencement dates for different
5:49:55 > 5:49:58provisions, and providing for possible transitional arrangements.
5:49:58 > 5:50:02So I ask, what has changed in the government's approach over the last
5:50:02 > 5:50:05few weeks. This is really something I think ministers have to address.
5:50:05 > 5:50:11It is now seemingly the government's intention to have this bill followed
5:50:11 > 5:50:14by further primary legislation which will provide Fernand lamentation up
5:50:14 > 5:50:21there with period -- provide for an implementation period.
5:50:23 > 5:50:28This receives a lot of cross-party support. We are debating at a later
5:50:28 > 5:50:32debate, of course. But I have to say, this initiative is welcome. It
5:50:32 > 5:50:37will not in itself protect us from the dead-end option of fixing the
5:50:37 > 5:50:40exit date, which seems to me to pander to those who would welcome a
5:50:40 > 5:50:46no deal Brexit. I note also, my right honourable friend, the member
5:50:46 > 5:50:51for Rushcliffe tabled an amendment which provides securing a
5:50:51 > 5:50:55transitional arrangement a period of two years. While this will be
5:50:55 > 5:51:00debated later, for the purposes of this debate, I think this is very
5:51:00 > 5:51:04conservatively worded. When the Brexit select committee went to
5:51:04 > 5:51:08Brussels recently, Mr Barnier did talk of the adequacy of two years'
5:51:08 > 5:51:12negotiations, as did our own Secretary of State, but nearly
5:51:12 > 5:51:15everyone else, including the European Parliament representative
5:51:15 > 5:51:18and the French CBI representative, thought that three years would be
5:51:18 > 5:51:22needed or up to five years. In terms of settling the provisions of phase
5:51:22 > 5:51:2612 years from the accident date may be enough time, before negotiating
5:51:26 > 5:51:33an FTA, most experts have said two years is widely overoptimistic. We
5:51:33 > 5:51:35do need to consider what would happen if the government does not
5:51:35 > 5:51:40reach certain targets by certain dates. For Brexiteers, it may simply
5:51:40 > 5:51:47be that we going to hard Brexit mode. I think this would be
5:51:47 > 5:51:50extremely damaging to British business, but it is of course the
5:51:50 > 5:51:54default position under Article 50. So for those of us who want a
5:51:54 > 5:51:57negotiated phase two settlement, more attention is needed in this
5:51:57 > 5:52:00area by the government. Looking through the moment, I saw a very
5:52:00 > 5:52:03thoughtful one tabled by the Honourable Lady for Feltham and
5:52:03 > 5:52:08Heston, which asked what would happen if the government is not so
5:52:08 > 5:52:13core and withdrawal deal or if Parliament is not approved one by
5:52:13 > 5:52:162018, rather than jumping off the proverbial no deal hard Brexit
5:52:16 > 5:52:21cliff, there is a suggestion of ending the two-year period or
5:52:21 > 5:52:25agreeing a new transition period. But for this approach to work, we
5:52:25 > 5:52:29would have to ensure that we do not have a fixed exit date. It would in
5:52:29 > 5:52:36effect involve taking up the offer previously made by the honourable
5:52:36 > 5:52:39member for Sheffield Central, for the government to start talking to
5:52:39 > 5:52:43the opposition. Given where we are, I think that will have to happen one
5:52:43 > 5:52:45another, and we should face up to it now.
5:52:45 > 5:52:49Thank you. It has been a pleasure to listen to this wide-ranging debate.
5:52:49 > 5:52:53I do not intend, nor do I have the time, to summarise the debate. What
5:52:53 > 5:53:00I wanted to do, which my honourable friend would not allow him to do,
5:53:00 > 5:53:03was respond to the amendment in the name of the honourable member who is
5:53:03 > 5:53:08not in his place at the moment.
5:53:08 > 5:53:13He rightly spoke about how the spill was about continuity, certainty and
5:53:13 > 5:53:19control. That matters to every part of the UK -- this Bill. We are
5:53:19 > 5:53:24committed to securing a deal that works for the entire UK. For Wales,
5:53:24 > 5:53:28Scotland, Northern Ireland and all parts of England. There is
5:53:28 > 5:53:31considerable common ground between the UK Government and devolved
5:53:31 > 5:53:35administrations and what we want to get out of the process. We expect
5:53:35 > 5:53:40the outcome to be a significant increase in power for each devolved
5:53:40 > 5:53:45administration. No part of the UK has a veto over leaving the EU. We
5:53:45 > 5:53:49voted as one UK and we will leave as one UK. This government has already
5:53:49 > 5:53:59shown its commitment...Thank you. I think what he said is important. But
5:53:59 > 5:54:06has the Minister said a signal this evening that he is prepared to rip
5:54:06 > 5:54:10ignored the requirement of the legislative consent of the Northern
5:54:10 > 5:54:16Ireland Assembly, the Scottish Parliament and the Welsh Assembly?
5:54:16 > 5:54:20The honourable lady pre-empts my next point. What I would say before
5:54:20 > 5:54:25making this point is of course we all want to see a Northern Ireland
5:54:25 > 5:54:31Assembly in place and functioning. So that they can give assent to this
5:54:31 > 5:54:35Bill. The government has already shown its commitment to the
5:54:35 > 5:54:43convention. We are seeking legislative consent for this Bill in
5:54:43 > 5:54:49the usual way. We want to make the positive case for legislative
5:54:49 > 5:54:53consent and work closely with them to achieve this. Crucial to
5:54:53 > 5:54:57understanding this Bill is the ongoing work on common frameworks
5:54:57 > 5:55:00which the honourable gentleman referred to. Determining areas where
5:55:00 > 5:55:04frameworks will and will not be required, which will reduce the
5:55:04 > 5:55:10scope and effect of clause 11. We acknowledge that will be crucial to
5:55:10 > 5:55:14a consideration of legislative consent.The position of the UK
5:55:14 > 5:55:20Government is that three of the four UK legislators oppose this he will
5:55:20 > 5:55:30ride roughshod over it. This is not a union it is a superstate 's.The
5:55:30 > 5:55:37honourable gentleman doesn't serve the interests of this -- his own
5:55:37 > 5:55:40argument. There has not been a vote in the Scottish Parliament or the
5:55:40 > 5:55:44Welsh Assembly on this and we remain confident we will reach a position
5:55:44 > 5:55:49which can attract support. I want to stress this Bill takes no
5:55:49 > 5:55:53decision-making away from devolved administrations or legislatures. We
5:55:53 > 5:55:58will return in more detail on day four and day five of the committee.
5:55:58 > 5:56:01We are pressing on with our engagement with the Scottish and
5:56:01 > 5:56:06Welsh governments. The Secretary of State for Exiting the EU in union
5:56:06 > 5:56:13has been in contact with them to progress discussions. In addition at
5:56:13 > 5:56:21the recent committee meeting the principles that underpin those
5:56:21 > 5:56:24frameworks were agreed with the Welsh and Scottish governments. We
5:56:24 > 5:56:28are now moving into the next phase of this work with detailed analysis
5:56:28 > 5:56:33of the policy areas. This is a clear sign of progress. I reiterate the
5:56:33 > 5:56:39point I made earlier, we would like to see a Northern Irish executive,
5:56:39 > 5:56:44power-sharing back in place so they can engage further. In tandem
5:56:44 > 5:56:46officials met yesterday for technical discussions on the
5:56:46 > 5:56:53amendments of the Scottish and Welsh governments. I have spoken to no
5:56:53 > 5:56:58less than four committees with colleagues from across government. I
5:56:58 > 5:57:02welcome their detailed scrutiny. We will continue disengagement and we
5:57:02 > 5:57:06had to make the case for this Bill in every part of the UK. This
5:57:06 > 5:57:10amendment would do is provide scope for individual vetoes on our exit
5:57:10 > 5:57:14from the EU. We've already held it referendum that gave us a clear
5:57:14 > 5:57:18answer on the question of leaving the EU which Parliament subsequently
5:57:18 > 5:57:24endorsed. If this amendment goes against the grain of our
5:57:24 > 5:57:31constitutional settlement and the referendum.Order, order. Mr Frank
5:57:31 > 5:57:38Field.In this debate many have expressed worries about democracy.
5:57:38 > 5:57:44Although the member for North East Fife totally opposed to the position
5:57:44 > 5:57:48I was putting, it was a stunning speech. If people can be returned to
5:57:48 > 5:57:52this House with those abilities I don't think we can worry too much on
5:57:52 > 5:57:55that front. The member for Beaconsfield accused me of
5:57:55 > 5:58:02simplicity. I hold his abilities higher than he does his own
5:58:02 > 5:58:12abilities. Sometimes choices are clear. It is a clear how do we
5:58:12 > 5:58:16negotiate the group that we are facing in Europe. I think these
5:58:16 > 5:58:23amendments are necessary. As the government, without any fingerprints
5:58:23 > 5:58:30of anybody else have tabled the amendment strengthening the one type
5:58:30 > 5:58:38it, I wish withdraw the amendment. Is it your pleasure at the new
5:58:38 > 5:58:52clause be withdrawn?Ay.We now come to amendment 79 to clause one. The
5:58:52 > 5:59:01question is that amendment 79 be made.Ay.To the contrary know.No.
5:59:01 > 5:59:13Division.
6:01:04 > 6:01:09The question is that amendment 79 be made. As many as are of the opinion,
6:01:09 > 6:01:18say aye. To the contrary, no. The tellers for the ayes and the tellers
6:01:18 > 6:01:30for the noes.
6:07:05 > 6:07:13Lock the doors.
6:13:22 > 6:13:33The ayes to the right, 52, the nos to the right, 315. The question is
6:13:33 > 6:13:43that
6:13:44 > 6:13:50clause one, of that opinion, say ayes, to the contrary, say nos.
6:16:24 > 6:16:31Order! The question is that clause one stand part of the Bill. As many
6:16:31 > 6:16:44of that opinion say aye. On the contrary, no. Tell us the ayes. Tell
6:16:44 > 6:16:46us of the noes.
6:21:56 > 6:21:58Lock the doors!
6:27:16 > 6:27:35Order!The ayes to the right 318. The noes to the left 68.The ayes to
6:27:35 > 6:27:43the right 318. The noes to the left 68. The ayes have it, the ayes have
6:27:43 > 6:27:54it. Unlock. We now continue with new clause 14 with which it will be
6:27:54 > 6:27:57convenient to consider the amendments listed on the order paper
6:27:57 > 6:28:09and clause six stand part. Mr Chris Leslie.Thank you. If we don't have
6:28:09 > 6:28:16a transitional period after exit date, if we find ourselves moving to
6:28:16 > 6:28:27a substantially different arrangement, we could find great
6:28:27 > 6:28:31turmoil in our economy, significant jobs moving to different
6:28:31 > 6:28:36jurisdictions, and most people now in this debate apart from the fabled
6:28:36 > 6:28:44hardliners on the fourth row back access that a transition is needed.
6:28:44 > 6:28:50The Prime Minister made this point in her foreign speech remarks.
6:28:50 > 6:28:54However, I can see many honourable members looking closely at the Bill
6:28:54 > 6:28:58that they have before them. They will see there isn't much in this
6:28:58 > 6:29:03piece of legislation about the transitional arrangement. It's left
6:29:03 > 6:29:11very much up in the air exactly how that will take place. New clause 14
6:29:11 > 6:29:15seeks to get some clarity from the government about how a transition
6:29:15 > 6:29:21would operate. How that transition would be put in place. New clause 14
6:29:21 > 6:29:26simply calls for a report from ministers one month after the Royal
6:29:26 > 6:29:31assent for this Act to clarify a number of things, but principally
6:29:31 > 6:29:39the question of how retained European law would be interpreted
6:29:39 > 6:29:44during that transition period. And by extension, how the European Court
6:29:44 > 6:29:47of Justice and many of those other aspects would apply during that
6:29:47 > 6:29:55transition period.Does he share my incredulity that the government
6:29:55 > 6:30:00hasn't just simply said yes of course we need to inform businesses
6:30:00 > 6:30:03and regulators are retained EU law will be interpreted during the
6:30:03 > 6:30:07transition? It is odd they aren't recognising this is a basic thing
6:30:07 > 6:30:12that needs to be done.I suspect it's because the government a
6:30:12 > 6:30:15struggling with getting the transition. They've admitted that
6:30:15 > 6:30:21one is necessary which is a good step. In the Florence speech the
6:30:21 > 6:30:26Prime Minister made that concession. In fact it was probably the biggest
6:30:26 > 6:30:30single negotiating input we've seen from the government since the
6:30:30 > 6:30:35triggering of Article 50. If we don't have that transition and I've
6:30:35 > 6:30:40been talking to businesses, they are hearing that by January - February,
6:30:40 > 6:30:45if we haven't got some clarity, they will have no choice but to put in
6:30:45 > 6:30:49place contingency plans if no deal happens. If we have that fabled
6:30:49 > 6:30:58cliff edge at the end of March 20 19. This goes beyond the financial
6:30:58 > 6:31:01services issues, it applies to a number of sectors of the economy. We
6:31:01 > 6:31:05need to make sure we have some certainty which is why so much is on
6:31:05 > 6:31:11the shoulders of the Prime Minister in the December European Council
6:31:11 > 6:31:15meeting, when we are told that potentially we may get some movement
6:31:15 > 6:31:21from the European Union and this particular issue.An excellent point
6:31:21 > 6:31:27about transition. There are a series of amendments on this issue. Has he
6:31:27 > 6:31:32not also spoken to businesses that are already having to make difficult
6:31:32 > 6:31:35and costly decisions because of the uncertainty that's been caused by
6:31:35 > 6:31:39the government and the fact they see this siren call from a first small
6:31:39 > 6:31:44number who want us to go off that cliff into a no deal catastrophic
6:31:44 > 6:31:49Brexit? I don't know whether it's sadism or masochism from a small
6:31:49 > 6:31:53number of honourable members who relish the idea of that no deals
6:31:53 > 6:32:02scenario. WTO is a fantastic set of circumstances, let's just dive in.
6:32:02 > 6:32:06There is a consensus in this House that a transition is necessary.
6:32:06 > 6:32:10We've got to work together across the party to make sure we put in
6:32:10 > 6:32:16place the right legislative framework for that. The point the
6:32:16 > 6:32:22Prime Minister made herself in her Florence speech was that the
6:32:22 > 6:32:25European Court of Justice would "Still govern the roles we are part
6:32:25 > 6:32:28of during the transition". The Prime Minister is right. The European
6:32:28 > 6:32:38Union have said, the entirety needs to apply during that transitional
6:32:38 > 6:32:43period. But it is the equivalent of the single market, the customs union
6:32:43 > 6:32:48and the four freedoms that are within that. That has to include the
6:32:48 > 6:32:52European Court of Justice, if you're going to sign up to that particular
6:32:52 > 6:32:58set of arrangements. By the way that is also the policy of the front
6:32:58 > 6:33:06bench of the Labour Party. My honourable friends will want to
6:33:06 > 6:33:10envisage how that transition takes place very shortly. It is worth
6:33:10 > 6:33:16reminding ourselves wide during a transition we would still need to
6:33:16 > 6:33:19have a resolution mechanism through the European Court of Justice. The
6:33:19 > 6:33:24honourable member for Rushcliffe mentioned earlier during an
6:33:24 > 6:33:29intervention how we saw the UK take the European Central Bank to the
6:33:29 > 6:33:34European Court when there was some question about whether euro
6:33:34 > 6:33:36clearance arrangements might not be feasible in the City of London. From
6:33:36 > 6:33:44time to time we have benefited from having that resolution arrangement.
6:33:44 > 6:33:50What would happen for instance if during a transition other
6:33:50 > 6:33:53circumstances arise? For instance if UK citizens needed some redress
6:33:53 > 6:33:58because they lived abroad and wanted to get pension payments, but perhaps
6:33:58 > 6:34:02there was some obstacle. They would need, during that transition, and
6:34:02 > 6:34:06ability to get some redress for that and the European Court could provide
6:34:06 > 6:34:10it. If there was a breach of competition rules adversely
6:34:10 > 6:34:15affecting a UK firm, those firms might seek to get redress during
6:34:15 > 6:34:19that transition period. If the European Union started parsing rules
6:34:19 > 6:34:24in conflict with the transition agreement that we had, you would
6:34:24 > 6:34:30want that sort of circumstances to resolve in our favour. If UK firms
6:34:30 > 6:34:34were denied market access within the European Union, you would need some
6:34:34 > 6:34:38sort of resolution arrangement during that transition period. The
6:34:38 > 6:34:42application of the European Court of Justice is quite integral. The Prime
6:34:42 > 6:34:46Minister was right to accept that. The legislation we have before us
6:34:46 > 6:34:57today presents a problem.He's listed a whole series of issues,
6:34:57 > 6:35:02each one of which is a legal issue. How does he suppose that we could
6:35:02 > 6:35:06delegate to the government by prerogative power to decide how
6:35:06 > 6:35:12courts would decide those issues?My amendment seeks to elicit from the
6:35:12 > 6:35:16government how they are going to deal with this. The Prime Minister
6:35:16 > 6:35:20has said she accepts the European Court of Justice would need to
6:35:20 > 6:35:24continue to have jurisdiction during the transition. But if you look at
6:35:24 > 6:35:27the Bill, there are problems. I would invite honourable members to
6:35:27 > 6:35:31turn to Page three where they will see clause five, sub clause one
6:35:31 > 6:35:38states clearly the principle of the supremacy of EU law doesn't apply to
6:35:38 > 6:35:42any enactment or all of law passed or made on or after exit day. The
6:35:42 > 6:35:47ECJ arrangements in the Bill, as it is framed, do not apply beyond exit
6:35:47 > 6:35:53day. If you look further down on page three at clause six, honourable
6:35:53 > 6:36:00members will also see similarly no regard made to the European Court
6:36:00 > 6:36:05after exit date.The honourable gentleman is absolutely right, the
6:36:05 > 6:36:11way in which this Bill is framed takes no account of the possibility
6:36:11 > 6:36:16of a transitional arrangement whatsoever. My honourable friend
6:36:16 > 6:36:21says it's not meant to but I can't criticise the honourable gentleman
6:36:21 > 6:36:26from raising this point because we hear more and more about
6:36:26 > 6:36:29transitional arrangements. That highlights the fact that this Bill
6:36:29 > 6:36:34can only do part of the task that we have to do altogether. I think it's
6:36:34 > 6:36:38right that we can seek in vain to amend this Bill because we aren't
6:36:38 > 6:36:42going to be able to make it do something which deals with
6:36:42 > 6:36:47transitional arrangements which currently we know nothing about.He
6:36:47 > 6:36:51isn't entirely correct. The whole purpose of the scrutiny at Committee
6:36:51 > 6:36:55Stage is to try and get some sense out of what is a very complicated
6:36:55 > 6:37:00set of arrangements. In some ways the Bill was drafted in an era
6:37:00 > 6:37:09pre-Florence speech were you moved from state aid to state B. The Prime
6:37:09 > 6:37:13Minister has now accepted there is a transition. The interim period has
6:37:13 > 6:37:17been floated but of course there is no legal architecture proposed
6:37:17 > 6:37:26around that at this stage. The government yesterday, the Secretary
6:37:26 > 6:37:28of State for Exiting the EU European Union floated the idea there might
6:37:28 > 6:37:31be an Act of Parliament which would also include details about
6:37:31 > 6:37:35implementation after some indeterminate point, potentially
6:37:35 > 6:37:42after exit day. This amendment seeks clarity from ministers. They must
6:37:42 > 6:37:48set out in more detail precisely what would be happening to the legal
6:37:48 > 6:37:55framework within that transitional period.
6:37:55 > 6:37:58Does my honourable friend share with media establishment at the answer
6:37:58 > 6:38:02that we got earlier this afternoon to my question as to how the
6:38:02 > 6:38:08transition period, what the legal base would be, and does he agree
6:38:08 > 6:38:14with me that what the government has succeeded in doing is minimising
6:38:14 > 6:38:19their room for negotiation by fixing the exit date but maximising the
6:38:19 > 6:38:22legal uncertainty, which was the one thing that business were calling for
6:38:22 > 6:38:30before Christmas.As my honourable friend has said, my mind started to
6:38:30 > 6:38:33wonder whether the government will reverse a little bit on this fixed
6:38:33 > 6:38:39date within the legislation. We will wait and see. I think it is quite
6:38:39 > 6:38:42obvious that it has not been as thought through as it should have
6:38:42 > 6:38:50been.He is making some excellent points. Various businesses in Maicon
6:38:50 > 6:38:54Slough constituency and the unions have pointed out the need for a
6:38:54 > 6:39:00transitional period and the benefits of that. Does he, like me, because
6:39:00 > 6:39:04the actions of the government, that we are sleepwalking towards a no
6:39:04 > 6:39:09deal scenario which would have a catastrophic impact on our economy?
6:39:09 > 6:39:14I fear that is a scenario that is beginning to loom on the horizon. We
6:39:14 > 6:39:19know that the Prime Minister doesn't want that because she says she wants
6:39:19 > 6:39:22a transitional arrangement, but more flesh needs to be put on the bones,
6:39:22 > 6:39:26both in how the UK envisages that transition but also the European
6:39:26 > 6:39:31Council. If we don't get that deal on the transition signalled and
6:39:31 > 6:39:36perhaps more flesh put on the bone in December, a lot of those firms
6:39:36 > 6:39:41not unreasonably are going to start to say, well, we have to plan for a
6:39:41 > 6:39:47scenario where perhaps we will be able to sell our services legally to
6:39:47 > 6:39:55the other 500 million customers we have across those other 27
6:39:55 > 6:39:59countries, or we have been hearing a situation where American banking
6:39:59 > 6:40:03corporations that currently have their place within London looking at
6:40:03 > 6:40:07all sorts of convoluted branch back arrangements so that they subsidiary
6:40:07 > 6:40:12eyes back into the UK. It is getting terribly collocated and expensive.
6:40:12 > 6:40:18Ultimately these are all issues that will hit consumers in the UK,
6:40:18 > 6:40:27workers in the UK, and I did promise I would give way.I share his hope
6:40:27 > 6:40:31and the Prime Minister's hope that there will be a sensible in
6:40:31 > 6:40:35fermentation period. Though it is a diminishing asset as the Secretary
6:40:35 > 6:40:42of State has said unless, if it is left later and later. But I welcome
6:40:42 > 6:40:46the enquiring way that he has put forward his amendment. But I think
6:40:46 > 6:40:50he has made his own point, that if there are to be any enforceable
6:40:50 > 6:40:55legal obligations arising from a withdrawal agreement or any
6:40:55 > 6:41:00agreement after we have left, they should be done through the act of
6:41:00 > 6:41:04Parliament that was announced yesterday and not incorporated into
6:41:04 > 6:41:07this Bill. That is why it is safe to put in this build the exit date
6:41:07 > 6:41:12because the exit date ends the jurisdiction of the European Court
6:41:12 > 6:41:17of Justice.Imagine the circumstances when the exit date
6:41:17 > 6:41:26falls on that fateful 11pm on the 29th of March, 2019, and there is no
6:41:26 > 6:41:31legislative architecture in place for that transitional period, from
6:41:31 > 6:41:3611:01pm and thereafter. There is no guarantee at present from the
6:41:36 > 6:41:41government that that legislation will be put in place, will be
6:41:41 > 6:41:44published, consulted upon, that businesses will know what that
6:41:44 > 6:41:50transitional legal framework is going to be from that time on the
6:41:50 > 6:41:5329th of March onwards. The government have said that it might
6:41:53 > 6:41:56be the case that we don't get this latest offer of an act of Parliament
6:41:56 > 6:42:03until not only after a withdrawal treaty has been signed and sealed by
6:42:03 > 6:42:08ministers but also after Exit day. So there is a hiatus. What is the
6:42:08 > 6:42:10legal architecture that fills that gap within that particular
6:42:10 > 6:42:21transition? I will give way.This Bill as it stands seems to me to say
6:42:21 > 6:42:28that upon Exit day, thereafter, all European law and legal obligations
6:42:28 > 6:42:36goes. So if we have the transition period as proposed by the Florence
6:42:36 > 6:42:40speech, this subsequent Bill will presumably have to amend this Bill
6:42:40 > 6:42:46and change the government's position and suddenly start producing new
6:42:46 > 6:42:49provisions that qualified. As the Florence speech seems to be the only
6:42:49 > 6:42:55policy we can cling to, agreed by both front in theory, wouldn't it be
6:42:55 > 6:42:59logical just above the substance of the Florence speech into this Bill
6:42:59 > 6:43:04and adjust it so it complies with it?He and I have shared inspiration
6:43:04 > 6:43:08in the form of an amendment that will also come up on day eight of
6:43:08 > 6:43:14the committee stage and of course the Labour front bench, my front
6:43:14 > 6:43:19bench, we'll be talking to their own amendment 278 very shortly that
6:43:19 > 6:43:25seeks to deal with this problem by dithering exit date until after the
6:43:25 > 6:43:27transition has been completed because essentially you would keep
6:43:27 > 6:43:31the existing legal framework in place, not just for this period,
6:43:31 > 6:43:36until Exit day, but also for the period of transition. That would be
6:43:36 > 6:43:39one way to solve this particular arrangement. This Bill blow cannot
6:43:39 > 6:43:46adequately deal with transition, not just of the contradictions in clause
6:43:46 > 6:43:50five and six, but even if you try to sort of stand on one leg and squint
6:43:50 > 6:43:55a little bit at the transitional, the order making powers in clause
6:43:55 > 6:44:01seven, sub clause three, or clause nine, none of those rule-making
6:44:01 > 6:44:07regulatory changes are capable of dealing with the implementation of a
6:44:07 > 6:44:11transitional period. So it's clear that we do need some answers from
6:44:11 > 6:44:14ministers. They have said they are going to bring forward an act but
6:44:14 > 6:44:18they have to make sure that we have certainty for business for that
6:44:18 > 6:44:23period of transition. It could be a two year plus transition period. I
6:44:23 > 6:44:29think two years is too short a period for the transition, but if it
6:44:29 > 6:44:32is two years, that is a long period of time for businesses to operate
6:44:32 > 6:44:38without legal certainty. And new clause 14 simply says that ministers
6:44:38 > 6:44:42must give details within one month of Royal assent for how that
6:44:42 > 6:44:45European Court of Justice arrangement will apply during the
6:44:45 > 6:44:53transition.Is it not clear, looking at what is being said in Europe and
6:44:53 > 6:44:57what is being set by business, that what they actually want is the
6:44:57 > 6:45:02transition deal to be the same as what we have now with all the same
6:45:02 > 6:45:08obligations so they don't have to go through two sets of changes?That is
6:45:08 > 6:45:11absolutely deep reference that I think most sensible observers to
6:45:11 > 6:45:18this arrangement would want to see. The reason you need the transition
6:45:18 > 6:45:21is that the trade deal arrangements can't possibly be made adequately by
6:45:21 > 6:45:28the time we get to Exit day, unless the Secretary of State for
6:45:28 > 6:45:32international trade is going to pull a rabbit out of a hat but I doubt
6:45:32 > 6:45:36very much we are going to get that and so that period of transition is
6:45:36 > 6:45:45absolutely vital. So the UK can salvage and stitched together some
6:45:45 > 6:45:56talk of -- some sort of trade arrangements. Those have got to be
6:45:56 > 6:46:03copied and pasted into UK arrangements. The honourable member
6:46:03 > 6:46:06for Beaconsfield talked about the 759 different international
6:46:06 > 6:46:11treaties. We don't know how those are going to apply. And in law, we
6:46:11 > 6:46:14have to not just think about the circumstances after the transition
6:46:14 > 6:46:20but during the transition. This is a massively complex read -- legal step
6:46:20 > 6:46:26that we have to make and we have no clarity from ministers apart from
6:46:26 > 6:46:30this concession yesterday that there might be an act, possibly after Exit
6:46:30 > 6:46:37day, maybe with a vacuum. I will give way to the Minister. If he is
6:46:37 > 6:46:44saying no, he will enact this legislation well ahead of Exit day?
6:46:44 > 6:46:48It proves my point, we need to get a report from the government quickly
6:46:48 > 6:46:53after Royal assent to answer this particular question. It's a very
6:46:53 > 6:46:58gentle, soft amendment that I've tabled. Hopefully, it would merge
6:46:58 > 6:47:04the government to answer this particular question.A transition
6:47:04 > 6:47:09implies moving from one place to another. If we write into statute on
6:47:09 > 6:47:15this Bill the date we leave and industry and our economy except the
6:47:15 > 6:47:20next day and we're out of the jurisdiction of of the European
6:47:20 > 6:47:24Court of Justice, the customs union, the single market, that is not a
6:47:24 > 6:47:28transition, that is an overnight crash from which the government is
6:47:28 > 6:47:32then saying we will transition to something else and we will pick up
6:47:32 > 6:47:36the pieces. This is like Roadrunner hitting the ground and then having
6:47:36 > 6:47:40to pick himself up afterwards. This is not an orderly transition, this
6:47:40 > 6:47:46is a car crash by any definition. Does he not agree?There are massive
6:47:46 > 6:47:50risks to this happening and if we don't have an ordinary transition,
6:47:50 > 6:47:54big consequences will flow from that. But in a way we have been
6:47:54 > 6:48:00talking about this day, the 29th of March, 2019, as a key date. There is
6:48:00 > 6:48:07another critical date. We have got to have certainty about what is
6:48:07 > 6:48:11going to be the shape of this transition by that particular time.
6:48:11 > 6:48:15The clock is ticking much more swiftly than ministers may have
6:48:15 > 6:48:20appreciated. So we need to know that ministers are rolling up their
6:48:20 > 6:48:25sleeves ahead of the European Council in December. We may just
6:48:25 > 6:48:30complete the committee stage of this Bill in the week, I think it is the
6:48:30 > 6:48:3414th of December. But it is vital that businesses get that certainty
6:48:34 > 6:48:38and it's also vital that ministers set out how aspects of that
6:48:38 > 6:48:43transition are going to take place. In a way it would be disloyal to the
6:48:43 > 6:48:49Prime Minister for them not to do so.He has mentioned the concerns of
6:48:49 > 6:48:56business and that is widespread. It is from the CBI, the Federation of
6:48:56 > 6:49:01Small Businesses, right across. And it also is a concern of the workers
6:49:01 > 6:49:06and their representatives, the TUC and many trade unions have also
6:49:06 > 6:49:09pointed to this issue. So why on earth is the government being so
6:49:09 > 6:49:15stubborn?We can only speculate. There was even a suggestion at one
6:49:15 > 6:49:20point that ministers haven't even yet broached the topic of transition
6:49:20 > 6:49:26with their counterparts in the EU. But thankfully the Prime Minister
6:49:26 > 6:49:30raised it in the Florence speech so I hope that her ministers are now
6:49:30 > 6:49:39getting that underway. We need more certainty, more clarity. There is a
6:49:39 > 6:49:43serious two year plus period of time when legal arrangements need to be
6:49:43 > 6:49:48put in place. It is not unreasonable for this House to ask ministers to
6:49:48 > 6:49:53clarify that at the earliest opportunity, especially at the end
6:49:53 > 6:49:56of Royal assent for this particular act. I commend clause 14 to the
6:49:56 > 6:50:04House. The interpretation of retained EU
6:50:04 > 6:50:08law during transitional period.The question is that new law 14B read a
6:50:08 > 6:50:17second time. Cheryl Gillan. I rise to my feet to move amendments
6:50:17 > 6:50:21303 and 304 that stand in my name. To return to a matter that I raised
6:50:21 > 6:50:29at second reading, I would hasten to add that these particular amendments
6:50:29 > 6:50:34relate to a specific constituency case of mine, but I don't want to
6:50:34 > 6:50:38aid the details, I want to state the principles, because I think the case
6:50:38 > 6:50:43in itself raises a problem which I would like government to have a look
6:50:43 > 6:50:51at. This Bill transfers all EU law into UK law, effective on the day of
6:50:51 > 6:50:54exit, ensuring that all rights enjoyed by British citizens as they
6:50:54 > 6:51:01stand today will be available to them after Brexit. But due to some
6:51:01 > 6:51:03practical things, there are some rights that cannot be transferred
6:51:03 > 6:51:11easily. They are entirely reliant on the European Court. The right of an
6:51:11 > 6:51:15individual to sue a member state for damages with the law has been
6:51:15 > 6:51:20incorrectly applied and has cause them harm is a right that is
6:51:20 > 6:51:24ultimately reliant upon the rulings of the European Court and a legal
6:51:24 > 6:51:29precedent that I think many of the lawyers I am surrounded by her no.
6:51:29 > 6:51:35Although I am sure the UK courts will deal with this kind of case,
6:51:35 > 6:51:39they must refer questions on interpretation or application of EU
6:51:39 > 6:51:43law or EU equal principles to the European Court, particularly when
6:51:43 > 6:51:48that interpretation is unclear and applies to every member state. This
6:51:48 > 6:51:52reference to the European Court will occur, for example, when the
6:51:52 > 6:52:01interpretation of rules in relation to VAT is required. After Brexit,
6:52:01 > 6:52:04the UK court will determine all law and there will be no references to
6:52:04 > 6:52:10the European Court. I want to give the government an opportunity to
6:52:10 > 6:52:16ensure that the principle underlying, the protection of
6:52:16 > 6:52:21individuals against malfeasance by the state, will develop within the
6:52:21 > 6:52:24British legal system. In the meantime, however, there is a
6:52:24 > 6:52:27transitional issue arising from changes in the law that impacts
6:52:27 > 6:52:32individuals who have already commenced such legal action prior to
6:52:32 > 6:52:36Brexit or who may wish to commence such an action after Brexit in
6:52:36 > 6:52:39relation to an issue that occurred in the period prior to Brexit. I
6:52:39 > 6:52:45give way to my right honourable friend.
6:52:45 > 6:52:49Shirov 's is a really important issue and it's not just a
6:52:49 > 6:52:54transitional issue it is a rule of law issue. It's about legal
6:52:54 > 6:52:57certainty and I have to say she's absolutely right to raise and she
6:52:57 > 6:53:00may agree with me that the government is going to have to deal
6:53:00 > 6:53:05with this. Ultimately, it's a fundamental principle of law that
6:53:05 > 6:53:11people should be able to have that certainty when they commence action.
6:53:11 > 6:53:15He is also my neighbour in Buckinghamshire and knows I have
6:53:15 > 6:53:20been preoccupied with this for some time and of course there is that
6:53:20 > 6:53:24principle of UK law called legitimate expectation, which is
6:53:24 > 6:53:28based on principles of natural justice and fairness and seeks to
6:53:28 > 6:53:30prevent authorities from abusing power and I think that is most
6:53:30 > 6:53:35important. Essentially, this principle ensures that rules cannot
6:53:35 > 6:53:41be changed halfway through the game if an individual had a reasonable
6:53:41 > 6:53:46expectation they would continue. Changes to UK law can only happen,
6:53:46 > 6:53:51they can only apply from a point in the future onwards, they cannot be
6:53:51 > 6:53:55applied in the past so anyone lodging court proceedings can do so
6:53:55 > 6:53:58knowing that the rules that applied at the time they lodged those
6:53:58 > 6:54:04proceedings will apply to their case. If that was not so, then the
6:54:04 > 6:54:11law could be retrospectively changed in favour of the state. I give way.
6:54:11 > 6:54:16She is making a powerful case and I agree with her about the need to
6:54:16 > 6:54:21deal with the Francovich issue. As she served as the member of the
6:54:21 > 6:54:24Parliamentary assembly Council of Europe, which we agree with me that
6:54:24 > 6:54:30to leave people without law in these cases and to bridge that more of
6:54:30 > 6:54:33expectation would not be consistent without people being given their
6:54:33 > 6:54:37full entitlement under our commitments as part of the Council
6:54:37 > 6:54:45of Europe will stophe served with great distinction on the Council of
6:54:45 > 6:54:49Europe and I am thrilled to have input on the Council of Europe today
6:54:49 > 6:54:55and I think it is, with several colleagues across the benches, and I
6:54:55 > 6:55:00happen to think that this is extremely important, as is our
6:55:00 > 6:55:04membership of the Council of Europe and I think my honourable friend is
6:55:04 > 6:55:10right, it will be looked at with some suspicion by the other 46
6:55:10 > 6:55:18members of the Council of Europe. For that reason I think it's
6:55:18 > 6:55:22important that if we change the law with this Bill, changes that result
6:55:22 > 6:55:28from this Bill only apply from a point in the future, so that
6:55:28 > 6:55:33individuals can rely on the law as it has stood up to the point that
6:55:33 > 6:55:39the law changed. I give way.I am sympathetic to the arguments she is
6:55:39 > 6:55:45putting forward. Following on the intervention from the member for
6:55:45 > 6:55:48Bromley and Chislehurst, does she not agree with me that if people's
6:55:48 > 6:55:53legitimate expectations and right to effective remedy is withdrawn as a
6:55:53 > 6:55:57result of government action then those individuals might have caused
6:55:57 > 6:56:09for action against the government under the EEC HR?--EEC HR.What I
6:56:09 > 6:56:12am trying to do here is to give the government and opportunity to
6:56:12 > 6:56:15examine this because I think it is so serious and I also think that no
6:56:15 > 6:56:20British government would want the sort of unfairness thrown up by this
6:56:20 > 6:56:24anomaly if you like that has arisen from the way the bill is drafted.
6:56:24 > 6:56:34The repeal bill already states in schedule eight, part four, 23, that
6:56:34 > 6:56:38Francovich can continue and rely on principles however I think there is
6:56:38 > 6:56:42an error in the bill in that the bill does not allow anyone who has
6:56:42 > 6:56:46commenced an action prior to the day of exit the right of a reference to
6:56:46 > 6:56:51the European Court which they could have reasonably expected when
6:56:51 > 6:56:59lodging their claim in court prior to Brexit.I'm grateful to her. That
6:56:59 > 6:57:04must be wrong as well. In the past when we have had references to the
6:57:04 > 6:57:07Privy Council, for example, and the country has terminated those
6:57:07 > 6:57:12references, the references have continued after the date of
6:57:12 > 6:57:15termination until all the cases going through the system are
6:57:15 > 6:57:19completed so it must follow that references to the ECJ, CJ you
6:57:19 > 6:57:24perhaps to give it its full title, must be able to continue after the
6:57:24 > 6:57:31date of exit.He is making the same point as I am trying to make with my
6:57:31 > 6:57:35intervention at this stage because the bill does not allow anyone who
6:57:35 > 6:57:40has suffered harm calls an act of the state in the period prior to the
6:57:40 > 6:57:44day of exit the right to lodge a claim under the rules as they stood
6:57:44 > 6:57:53at the time.I am grateful to you for giving way. This is incredibly
6:57:53 > 6:57:58important for people such as those in my constituency who are
6:57:58 > 6:58:03potentially facing issues surrounding HS two where there may
6:58:03 > 6:58:09be a right of claim that arises between now and exit day, whenever
6:58:09 > 6:58:12that is set and it is absolutely vital that in that period their
6:58:12 > 6:58:18rights are not changed.She is leading me down a path I would don't
6:58:18 > 6:58:27wish to go. I was hoping I could make my contribution today without
6:58:27 > 6:58:30mentioning HST but the problem is if I don't mention it, then someone
6:58:30 > 6:58:33else does but I agree with him entirely and I think to deny people
6:58:33 > 6:58:38these rights would be an abuse. Retrospective removal of rights
6:58:38 > 6:58:45which is leaked principles of legitimate expectation because
6:58:45 > 6:58:47people have and expect taking at their grievances should be heard at
6:58:47 > 6:58:52the time they were affected so it's for this reason I am proposing these
6:58:52 > 6:58:57minor amendments to the bill that I believe don't undermine the overall
6:58:57 > 6:59:01effect of the bill but give some legal certainty to those who are
6:59:01 > 6:59:06caught in this transitionary period. Anyone who has a claim originating
6:59:06 > 6:59:09within the period prior to Brexit should be able to have their claim
6:59:09 > 6:59:14heard under the walls as they stood prior to Brexit, including a right
6:59:14 > 6:59:19to a reference to the European Court. The British people voted to
6:59:19 > 6:59:22Brexit to improve their rights and the rights of their fellow citizens,
6:59:22 > 6:59:25they didn't vote to cause legal confusion or harm or frustrate the
6:59:25 > 6:59:29rights of those in the courts during this transitionary phrase. And the
6:59:29 > 6:59:38bill already states that cases occurring during the transition
6:59:38 > 6:59:42period can continue, I think my amendments do nothing other than
6:59:42 > 6:59:46ensure that that happens fairly and I really hope that the government
6:59:46 > 6:59:49will respond positively to these amendments and just remember that
6:59:49 > 7:00:02justice delayed or denied is justice denied.It's a pleasure to follow
7:00:02 > 7:00:08the Right Honourable member who made very thoughtful and sensible points
7:00:08 > 7:00:15in the moving amendments which we would support.But I rise to move
7:00:15 > 7:00:19amendment on hundred 78 and the consequential amendments to 79
7:00:19 > 7:00:23through two to 84-macro, which allow for transitional arrangements within
7:00:23 > 7:00:29the existing structure of rules and regulations and I will be moving
7:00:29 > 7:00:35amendments 306 but returned to their separate issues later. Starting with
7:00:35 > 7:00:42Amendment 278, this follows on from our earlier debate around clause one
7:00:42 > 7:00:46but it brings into even sharper focus the issue of the court of
7:00:46 > 7:00:49justice of the European Union's jurisdiction during a transition
7:00:49 > 7:00:54period. As I said in the previous bait and my honourable friend the
7:00:54 > 7:00:59member for Nottingham East has highlighted in this debate there can
7:00:59 > 7:01:03be no transitional period on current terms as the Prime Minister wishes
7:01:03 > 7:01:12without that jurisdiction. The foreign speech has been much quoted
7:01:12 > 7:01:14already -- the Florence speech has been much credibility refer to it
7:01:14 > 7:01:22one more time, briefly. The Prime Minister made the speech after the
7:01:22 > 7:01:28bill was published and so perhaps in its early drafting it didn't have
7:01:28 > 7:01:32the opportunity to accommodate the emphasis that she put in it on, and
7:01:32 > 7:01:38I quote, the "Important steps that have added an impetus to the
7:01:38 > 7:01:44process." And she said to the second of those steps, "I propose a
7:01:44 > 7:01:48time-limited in meditation period based on current terms, which is in
7:01:48 > 7:01:53interest of both the UK the EU." Except in the case made by business
7:01:53 > 7:01:58and trade unions and crucially, game, making the point that it is on
7:01:58 > 7:02:03current terms. As I said in the earlier debates, we were pleased she
7:02:03 > 7:02:10caught up with Labour on this position but seven weeks on from the
7:02:10 > 7:02:16Florence speech, the government have failed to reflect the ambition of
7:02:16 > 7:02:19her minister had them in any amendments to the Bill. They have
7:02:19 > 7:02:25come up with the bizarre amendments we debated around clause one but
7:02:25 > 7:02:33they failed to address that ambition and so we have helped police stepped
7:02:33 > 7:02:39in with Amendment 278 to 284 to fill that gap. These amendments mean in
7:02:39 > 7:02:43relation to the jurisdiction of the court of justice, exit day should
7:02:43 > 7:02:47come at the end of the transitional period and for a simple reason.
7:02:47 > 7:02:50Without acceptance of the continuing role of the course of justice during
7:02:50 > 7:02:56the transition, the idea that the meditation period based on current
7:02:56 > 7:02:59terms could it happen in the way the Prime Minister described is,
7:02:59 > 7:03:06frankly, delusional. The government have a choice.I get the feeling
7:03:06 > 7:03:12there is a bit of cart before the horse here. No transitional
7:03:12 > 7:03:17implementation has yet been agreed. It has got to be part of the deal
7:03:17 > 7:03:21and it would be a mistake for this House to start putting things into
7:03:21 > 7:03:25this bill in the expectation of certain things, which may may not
7:03:25 > 7:03:30happen and that is why my right honourable friend has announced a
7:03:30 > 7:03:33separate act of Parliament to implement any agreement when these
7:03:33 > 7:03:37things are dealt with. This bill is a much simpler bill than the
7:03:37 > 7:03:48opposition would like be.There are some strands of fair comment in that
7:03:48 > 7:03:52intervention, which is precisely why we are moving our amendments because
7:03:52 > 7:03:57we don't want the government in relation to the debate we had
7:03:57 > 7:04:00previously, we didn't want to see the government closing down options
7:04:00 > 7:04:07and without clear jurisdiction of the Court of justice during a
7:04:07 > 7:04:19transitional period, options would be closed down. I won't, I have... I
7:04:19 > 7:04:23gave way many, many times during the previous debate and I'm conscious
7:04:23 > 7:04:31that there are many more amendments to this clause. I've said no. I want
7:04:31 > 7:04:35to give others the opportunity. I took every single intervention, I
7:04:35 > 7:04:38think with the exception of one of my honourable friends, towards the
7:04:38 > 7:04:45end of the last debate so I just want to make some progress. The
7:04:45 > 7:04:55government have a choice to make today and... I wish honourable
7:04:55 > 7:04:58members would stop chuntering. The government have a choice to make
7:04:58 > 7:05:03today and they have to make it on our amendments to hundred 78. For
7:05:03 > 7:05:07goodness' sake, the honourable member could do better than that,
7:05:07 > 7:05:20even from a sedentary position. We are...Go on, just ignore him.I
7:05:20 > 7:05:26have explained why, in interest of other members, having taken every
7:05:26 > 7:05:30single intervention, of which came from government benches in the last
7:05:30 > 7:05:35debate, I'm not going to on this occasion. He can chant on...Ignore
7:05:35 > 7:05:40him.The government have a choice to make today and it is a choice on
7:05:40 > 7:05:45Amendment 200 78. Are they serious about pursuing a transitional period
7:05:45 > 7:05:50and ensuring the economy does not fall off a cliff edge in March 2019
7:05:50 > 7:05:53when we leave the U or does the ideological breadline on the cause
7:05:53 > 7:05:57of justice take greater priority than jobs and livelihoods of people
7:05:57 > 7:06:03in this country? But there are other issues to be addressed on this
7:06:03 > 7:06:07clause, too, and our amendments 306 seeks to do that. It makes provision
7:06:07 > 7:06:14for UK courts to take account of court of justice sessions on
7:06:14 > 7:06:16entitlements, rights and protections, employment equality and
7:06:16 > 7:06:20health and safety and the intention of the amendment is to help to
7:06:20 > 7:06:26ensure we maintain and keep up with the social standards within the EU,
7:06:26 > 7:06:34not simply holding our workers and equality writes in status but to
7:06:34 > 7:06:40keep up as the EU 27 move forward. The EU have made it very clear that
7:06:40 > 7:06:44they will want a level playing field in all of these areas if we are to
7:06:44 > 7:06:49strike an effective trade deal. We are regularly told that the
7:06:49 > 7:06:57government doesn't want to erode rights and protections but we have a
7:06:57 > 7:07:01Prime Minister who has repeatedly criticised the social chapter and a
7:07:01 > 7:07:05Foreign Secretary who decried the back breaking weight of EU
7:07:05 > 7:07:09employment legislation so we do have two ensure that we secure the clear
7:07:09 > 7:07:15guarantees in this bill. Our Amendment 306 addresses the concerns
7:07:15 > 7:07:21of the former president of the UK supreme court. On the 8th of August
7:07:21 > 7:07:26he raised concerns about clause six, section two and the position in
7:07:26 > 7:07:30which left the judiciary on the interpretation of EU retained law
7:07:30 > 7:07:35saying that a court or tribunal need not have regard to anything done on
7:07:35 > 7:07:41or after exit today by the European Court, another EU entity or the EU
7:07:41 > 7:07:47but may do so if it considers it appropriate to do so. He has said in
7:07:47 > 7:07:50relation to that clause if the government doesn't express clearly
7:07:50 > 7:07:54what the judges should do about decisions that the ECJ after Brexit
7:07:54 > 7:07:59or about any topic after Brexit then the judges will have to do their
7:07:59 > 7:08:05best.
7:08:05 > 7:08:12Our amendment 306 six to address those concerns by removing the vague
7:08:12 > 7:08:16reference to, if it considers it appropriate to do so, and requires
7:08:16 > 7:08:22UK courts to take account of, to take account of, Court of Justice
7:08:22 > 7:08:24decisions in relation to employment, equality and health and save the
7:08:24 > 7:08:43right. We do need to resolve this. Isn't part of the problem that this
7:08:43 > 7:08:51is an area of law which has quite a political aspect to it because in
7:08:51 > 7:08:55reality, this law has been in trench when it has come from the EU and
7:08:55 > 7:09:01also represents a number of areas that have been treated by some as
7:09:01 > 7:09:04being fundamental rights. The difficulty therefore the judiciary
7:09:04 > 7:09:07is that they are going to be asked to continue into Britain and this
7:09:07 > 7:09:13law without, and I think this is the nub of it, a real political guidance
7:09:13 > 7:09:23as to what emphasis they should a tribute to it. In light of the
7:09:23 > 7:09:27emphasis it has been given in the past. So it is not just any old law
7:09:27 > 7:09:30but something rather more complex and more sensitive for the
7:09:30 > 7:09:37interpretation.The right honourable member is right and it's that which
7:09:37 > 7:09:42we are seeking to address with our amendment 306. Let me come briefly
7:09:42 > 7:09:50to some of the other amendments that are to be discussed. We very much
7:09:50 > 7:09:56support new clause 14 in the name of the right honourable member for
7:09:56 > 7:09:59Nottingham East, which sensibly calls for a report to be laid before
7:09:59 > 7:10:04Parliament on the interpretation of EU law during a transitional period.
7:10:04 > 7:10:14We also support amendment 137 which seeks to have UK courts pay due
7:10:14 > 7:10:27regard to decisions when discussing new categories of retained EU law.
7:10:27 > 7:10:33And matters pending on exit date to be referred, which is clearly common
7:10:33 > 7:10:48sense. We think that amendment 357, moved by the Right honourable member
7:10:48 > 7:10:51for Bromley and Chislehurst raises important issues and looking forward
7:10:51 > 7:10:57to the Minister's clarification on those and would support 358, which
7:10:57 > 7:11:02helps, in our view, with the interpretation of EU retained law.
7:11:02 > 7:11:06But I would end on the same note I began and urged the government to
7:11:06 > 7:11:13accept our amendment 278 and its consequential amendments and, in
7:11:13 > 7:11:18doing so, to put aside their obsession with the ECJ so that we
7:11:18 > 7:11:23can ensure an effective transitional deal with the EU, which they, we,
7:11:23 > 7:11:27business and trade unions want to achieve.
7:11:27 > 7:11:34Minister, Mr Dominic Raab. I rise to move that clause six
7:11:34 > 7:11:39stands part of the Bill. It is a great privilege as well as a
7:11:39 > 7:11:42pleasure to speak on behalf of of the government on this essential
7:11:42 > 7:11:45Bill, and in particular on this particular clause and the varied
7:11:45 > 7:11:54amendments to it. The Bill is complex but, at root, it boils down
7:11:54 > 7:11:56to achieving two Basic but fundamental objectives and I think
7:11:56 > 7:12:02it's worth bearing those in mind as we proceed through both the clause
7:12:02 > 7:12:05and the amendments. First we are delivering on the referendum by
7:12:05 > 7:12:10taking back control over our laws. The number one reason people voted
7:12:10 > 7:12:15to leave the EU in the referendum. And the second thing that this Bill
7:12:15 > 7:12:21does is make sure there is legal certainty, a smooth transition for
7:12:21 > 7:12:25citizens and businesses, mitigating one of the key risks of Brexit that
7:12:25 > 7:12:31I think is felt whether you voted leave or remain. I give way.On the
7:12:31 > 7:12:35issue of certainty, I think it is essential that the Supreme Court
7:12:35 > 7:12:42does have certainty. The first part of subsection two is admirably
7:12:42 > 7:12:47clear. A court or tribunal need not have regard for anything done or or
7:12:47 > 7:12:57after exit date. I think Lord Newberg has got a point and I give
7:12:57 > 7:13:00it Minister and opportunity now to make clear the government's
7:13:00 > 7:13:07position.I thank my honourable friend and I am going to come onto
7:13:07 > 7:13:10that one later on but the basic point I make at the outset is the
7:13:10 > 7:13:18various clauses and the amendment should respectively be judged
7:13:18 > 7:13:21accordingly to those two basic strategic objectives, taking control
7:13:21 > 7:13:26of our laws and making sure there is a smooth transition. Clause six sets
7:13:26 > 7:13:32out how once we have taken back control over EU law, retained EU
7:13:32 > 7:13:36law, should be interpreted on or after exit date. It makes clear that
7:13:36 > 7:13:40once the UK leaves the EU, domestic courts will not be able to refer
7:13:40 > 7:13:46cases to the European Court. An affirmation of the supremacy of our
7:13:46 > 7:13:55comb courts and our own legal order. He is making a very powerful case.
7:13:55 > 7:14:02The Select Committee that I'd share has looked at the applications for
7:14:02 > 7:14:07equality law. At the moment, individuals can take cases to the
7:14:07 > 7:14:13Court of justice for the EU and gain decisions there that may have a
7:14:13 > 7:14:17great impact on their lives. They will not be able to do that in
7:14:17 > 7:14:20future. What will my honourable friend say to the government looking
7:14:20 > 7:14:26further at this at how domestic ports might be able to assess the
7:14:26 > 7:14:32compatibility of UK law with equality law to make sure that in
7:14:32 > 7:14:36the future we don't have any problems with the way our law
7:14:36 > 7:14:42develops in this area?Can I first of all thank my right honourable
7:14:42 > 7:14:47friend, the member for Basingstoke, for her intervention and for
7:14:47 > 7:14:49highlighting what I except is an important issue in the very
7:14:49 > 7:14:56constructive way that she has done. I look carefully at her report, and
7:14:56 > 7:14:59I had discussions with the equalities minister is on the points
7:14:59 > 7:15:04she has made today I can tell the House that we have now commissioned
7:15:04 > 7:15:09work to be done on an amendment that the government table before report
7:15:09 > 7:15:12stage and it will require ministers to make a statement before the House
7:15:12 > 7:15:18in the presentation of any Brexit related primary or secondary
7:15:18 > 7:15:21legislation on whether or how it is consistent with the equalities act,
7:15:21 > 7:15:24and I hope that gives my right honourable friend the reassurance
7:15:24 > 7:15:27she needs that the government is serious about addressing the very
7:15:27 > 7:15:31legitimate point that she has raised. The point I was making
7:15:31 > 7:15:37before the intervention was that once the UK leaves the EU, domestic
7:15:37 > 7:15:43courts will be able to refer cases to the European Court of Justice. It
7:15:43 > 7:15:48also provides that domestic courts and tribunals will not be bound or
7:15:48 > 7:15:53required to have regard to ECJ decisions made after Brexit.
7:15:53 > 7:16:00Instead, could I just finished my Trail because I am at risk of
7:16:00 > 7:16:04answering the question before he puts it. Instead, UK courts will be
7:16:04 > 7:16:07able to take those post-Brexit judgments into account when they
7:16:07 > 7:16:15make decisions, if they consider it appropriate to do so. As they can
7:16:15 > 7:16:18with the judgments of courts on other jurisdictions, common law
7:16:18 > 7:16:22around the Commonwealth and elsewhere. I give way to my right
7:16:22 > 7:16:26honourable friend.I am most grateful to my honourable friend for
7:16:26 > 7:16:32giving way. The point I think, there are number of different points that
7:16:32 > 7:16:35feature in all this, but clearly one of the points about the legal that
7:16:35 > 7:16:41was raised earlier is that it is one thing to be able to take a case to
7:16:41 > 7:16:44the Supreme Court but, if under a previous sector regime you could
7:16:44 > 7:16:51take it as a reference to the ECJ, then has the government considered
7:16:51 > 7:16:55the propriety issues surrounding removing that right for a case which
7:16:55 > 7:17:02is currently... Which is current. The government may be able to
7:17:02 > 7:17:07provide President and justification for what it is doing but it does
7:17:07 > 7:17:11trouble me, and simply for the sake of trying to get rid of the ECJ in
7:17:11 > 7:17:15one fell swoop, which I think is going to be rather difficult anyway
7:17:15 > 7:17:21for other reasons, it just strikes me as an odd way of going about it.
7:17:21 > 7:17:25I thank my right honourable and learned friend. I am hoping I can
7:17:25 > 7:17:29give him some reassurance as we progress through committee stage.
7:17:29 > 7:17:33Some of what he is talking about pledges on clause five as much as
7:17:33 > 7:17:37clause six, but let me have a go at it today. For as long as retained EU
7:17:37 > 7:17:42law... I will give way to the chairman of the Select Committee.
7:17:42 > 7:17:49Since the Prime Minister has accepted that in a transitional
7:17:49 > 7:17:55period the European Court of Justice would govern the rules we are part
7:17:55 > 7:18:00of, could he explain to the House how that is compatible with clauses
7:18:00 > 7:18:05five and six as currently drafted, which say that it would have no
7:18:05 > 7:18:14further sway after Exit day? And in that case, could you tell us whether
7:18:14 > 7:18:19the government intends to amend this Bill as it proceeds through
7:18:19 > 7:18:25committee, to recognise those two things, or does he propose to do it
7:18:25 > 7:18:30in the new Bill that the Secretary of State announced house yesterday?
7:18:30 > 7:18:35I think he has answered his own question. The point is that we will
7:18:35 > 7:18:37be producing separate primary legislation to deal with the
7:18:37 > 7:18:41withdrawal agreement and the terms of any transition. We shouldn't be
7:18:41 > 7:18:45putting the cart before the horse. What this is about is making sure
7:18:45 > 7:18:48that we have all the means at our disposal to make sure we can
7:18:48 > 7:18:53implement in UK law any deal and the terms of that deal as and when it is
7:18:53 > 7:18:59struck. If he could allow me, I am going to make a little bit of
7:18:59 > 7:19:05progress because I suspect some of these queries will be raised and
7:19:05 > 7:19:10addressed in relation to the specific amendments that others have
7:19:10 > 7:19:15tabled. The point is, in relation to clause six, that for as long as
7:19:15 > 7:19:19retained EU law remains in force in the UK, it is essential that there
7:19:19 > 7:19:23is a common understanding of what that law means. That is critical for
7:19:23 > 7:19:28legal certainty and, in real terms, the very predictability of law that
7:19:28 > 7:19:31businesses and individuals rely on everyday as they go about their
7:19:31 > 7:19:39lives. We want to provide the greatest possible certainty. I
7:19:39 > 7:19:43suspect it is a shared objective. The question is how we achieve it.
7:19:43 > 7:19:57Clause six ensures that UK law must...
7:19:58 > 7:20:02I am going to make a little bit more progress and then I will give way to
7:20:02 > 7:20:07my right honourable friend. The intention, and this is the crucial
7:20:07 > 7:20:11point, reflected in clause six is not a fossilised past decisions of
7:20:11 > 7:20:15the ECJ for ever and a day. Clause six provides that our Supreme Court
7:20:15 > 7:20:21and the High Court of judiciary in Scotland will be able to depart from
7:20:21 > 7:20:27pre-exit caselaw and in doing so they will apply the same test they
7:20:27 > 7:20:34do from their own caselaw in the ordinary way. We have, in my view,
7:20:34 > 7:20:38the finest judiciary in the world. Our courts are fiercely independent
7:20:38 > 7:20:43of government. They have proof that during the Brexit process already.
7:20:43 > 7:20:47Clause six provides them with clarity about how they should
7:20:47 > 7:20:51interpret the change to EU law after Brexit and as we take back control
7:20:51 > 7:20:55over our laws it must be right that the UK Supreme Court, not the
7:20:55 > 7:20:58European Court of Justice in Luxembourg, has the last word on the
7:20:58 > 7:21:03laws of the land. It is of paramount importance therefore that this
7:21:03 > 7:21:10clause stands part of the Bill. I give way to my right honourable
7:21:10 > 7:21:15friend.The minister is being very helpful on one aspect of the Bill,
7:21:15 > 7:21:20which is how government thinks ECJ should be interpreted once we have
7:21:20 > 7:21:23finally exited but he is sidestepping the key point put to
7:21:23 > 7:21:29him by the honourable member for Leeds opposite. Clause six as it
7:21:29 > 7:21:33stands does not reflect current government policy. It is not putting
7:21:33 > 7:21:40the cart before the horse to say, shouldn't current government policy,
7:21:40 > 7:21:46as represented in the Florence speech, be reflected in this Bill?
7:21:46 > 7:21:52The fact is, the government is seeking, expecting, contemplating,
7:21:52 > 7:21:57the real possibility of a transition period during which we will say in
7:21:57 > 7:22:02the single market and the customs union and the jurisdiction of the
7:22:02 > 7:22:05courts. Why is a Bill being presented and urged by the
7:22:05 > 7:22:15government which is totally... It is government policy supported by the
7:22:15 > 7:22:20official opposition, why isn't it in the government Bill?I am going to
7:22:20 > 7:22:26turn to that precise point in the context of new clause 14, tabled by
7:22:26 > 7:22:31the honourable gentleman and member for Nottingham East. This amendment
7:22:31 > 7:22:36refers to the transitional period after the UK exits from the EU and I
7:22:36 > 7:22:41thought he put these points in a perfectly reasonable way. From the
7:22:41 > 7:22:44government's perspective, and I think this is widely shared, we will
7:22:44 > 7:22:48need to build a bridge from our exit a future partnership to allow
7:22:48 > 7:22:51businesses and people time to adjust and to allow new systems to be put
7:22:51 > 7:22:56in place. It makes sense for there to be only one set of changes, that
7:22:56 > 7:22:59is a point I have heard from the other side of the House this
7:22:59 > 7:23:03afternoon. We therefore propose a time-limited implementation period
7:23:03 > 7:23:07during which access to one another's markets should continue on current
7:23:07 > 7:23:10terms and Britain should continue to take part in existing security
7:23:10 > 7:23:15measures. We are aiming to agree the detailed arrangements of this
7:23:15 > 7:23:19implementation period as early as possible to provide that certainty
7:23:19 > 7:23:24for citizens and businesses. This must not mean some form of
7:23:24 > 7:23:29indefinite transitional status. That would not be good for Britain, that
7:23:29 > 7:23:34wouldn't be good for the EU. We need some finality in the interests of
7:23:34 > 7:23:41legal certainty. The amendment from the honourable gentleman... Would
7:23:41 > 7:23:48procedurally oblige the government to set out how it retained EU law is
7:23:48 > 7:23:53implemented.
7:23:53 > 7:23:57Such a report would have to be labelled within one month of the
7:23:57 > 7:24:02bill. This House is quite rightly concerned to understand the details
7:24:02 > 7:24:06of any in the meditation period and Howard would function however the
7:24:06 > 7:24:11points of detail are a matter for the diplomacy and the negotiations.
7:24:11 > 7:24:17Imposing a fixed timescale for such in this area would be unnecessary
7:24:17 > 7:24:21and arbitrary. They risks running out of sync with the actual process
7:24:21 > 7:24:29of the negotiations. It puts the cart before the horse and I hope the
7:24:29 > 7:24:31honourable gentleman will agree and I sensed in his speech he recognised
7:24:31 > 7:24:37that his amendment has also now been rendered redundant by the statement
7:24:37 > 7:24:43made to the House yet they buy my right honourable friend the
7:24:43 > 7:24:45Secretary of State for Exiting the EU new Mac and making it clear
7:24:45 > 7:24:47governance will introduce legislation in fermenting a
7:24:47 > 7:24:51withdrawal agreement and the terms of any fermentation period. There
7:24:51 > 7:24:57will be full transparency and accountability to this House on the
7:24:57 > 7:24:59issue the honourable gentleman feels strongly about and I would urge to
7:24:59 > 7:25:11withdraw his amendment.He is suggesting that this detail, the
7:25:11 > 7:25:14legal architectural framework for the transitional period would be set
7:25:14 > 7:25:20out in the bill that he brings forward for the meditation period
7:25:20 > 7:25:24but it's -- the implementation period but it's only possible to
7:25:24 > 7:25:29agree with that plan if he is guaranteeing that Royal assent for
7:25:29 > 7:25:33that implementation act will come in ample time before exits day because
7:25:33 > 7:25:41it would clearly be a nonsense to have an implementation piece of
7:25:41 > 7:25:46legislation that leaves a vacuum between exit day and then some later
7:25:46 > 7:25:50date during the transition already having been started so can he
7:25:50 > 7:25:54guarantee that that act will be enacted and enshrined in law well
7:25:54 > 7:26:00before exits day?Since he recognises that he is putting the
7:26:00 > 7:26:05legislative cart before the diplomatic course the implementing
7:26:05 > 7:26:11legislation relates to the agreement and you need to have one in place so
7:26:11 > 7:26:15you can comply with any terms whether they are under the
7:26:15 > 7:26:17withdrawal arrangement, the implementation period for the future
7:26:17 > 7:26:24partnership deal. I will now turn with respect to Amendment 357 from
7:26:24 > 7:26:28my honourable friend the member for Bromley and Chislehurst chair of the
7:26:28 > 7:26:36Justice select committee and I will give way.I agree with what he was
7:26:36 > 7:26:40saying about New Clause 14. Can I take him back to 604A. Is he saying
7:26:40 > 7:26:46the Supreme Court is not bound to the extent that this would enable
7:26:46 > 7:26:50the Supreme Court to look at the plain words of the treaties and not
7:26:50 > 7:26:54to look at the previous expansive the theological jurisprudence of the
7:26:54 > 7:27:03ECJ? -- the expansive jurisprudence of the ECJ.I'm not sure I
7:27:03 > 7:27:07understood the forensic point he is making but can I say this, the UK
7:27:07 > 7:27:11courts already, it is a common feature of the common law, take into
7:27:11 > 7:27:16account and consider principles, precedents from other jurisdictions
7:27:16 > 7:27:23but they do so with full autonomy as to how they might, where they have
7:27:23 > 7:27:27discretion under the normal canons of interpretation, apply it. What we
7:27:27 > 7:27:29are seeking affectively to do is apply the same basic principles
7:27:29 > 7:27:36through this bill. I want to make progress. To retained EU law and
7:27:36 > 7:27:40interpretation of it. I want to return to some other amendments
7:27:40 > 7:27:46cause otherwise I will give them the attention they deserve. I returned
7:27:46 > 7:27:52to amendment 357 from the chair of the select committee. He is tempting
7:27:52 > 7:27:57but not at this moment in time! I understand the point of 357, which
7:27:57 > 7:28:04is there to provide a mechanism for transposing EU law where regulations
7:28:04 > 7:28:08have not been made under clause seven. I can equally the key is
7:28:08 > 7:28:14seeking to make default provision for any gaps in the law that may
7:28:14 > 7:28:17exist to avoid creating not just legal uncertainty but any potential
7:28:17 > 7:28:22legal potholes that may strew the road that lies ahead. I hope he does
7:28:22 > 7:28:27not mind me saying that he has inadvertently reinforced the case of
7:28:27 > 7:28:32clause seven because his concern appears to be within not being used
7:28:32 > 7:28:37comprehensively enough or the risk that that might be the case. I share
7:28:37 > 7:28:42his concern to avoid legal cliff edges but also legal potholes which
7:28:42 > 7:28:48I think he is trying to cater for. On the issue of potholes I give way
7:28:48 > 7:28:52to the honourable member.I mentioned to the Prime Minister a
7:28:52 > 7:28:57few days ago about the ad trap which I could see coming up in the
7:28:57 > 7:29:02transitional period if we were not careful. -- the hair trap. Because
7:29:02 > 7:29:06of the manner in which the European Court operates by the European rule
7:29:06 > 7:29:11which I know he will understand and when you are faced with a court in
7:29:11 > 7:29:15the transitional period operating under that rule and not by precedent
7:29:15 > 7:29:20we could act the end up with then dictating to us the basis upon which
7:29:20 > 7:29:25we would then be operating within that transitional period. Does he
7:29:25 > 7:29:31not agree?He makes the powerful point in his eloquent way and let me
7:29:31 > 7:29:35say we need to avoid traps, cliff edges and potholes and that is what
7:29:35 > 7:29:45this bill does. I think on all sides of the House and whether you voted
7:29:45 > 7:29:48Remain Leave that is what you should all be pursuing and that is what
7:29:48 > 7:29:53this bill does. I am not convinced I have to say with respect to the
7:29:53 > 7:29:55chair of the select committee that his amendment would achieve that
7:29:55 > 7:30:01aim. I fear despite his best intentions and his rather ingenious
7:30:01 > 7:30:06drafting that the amendment would create considerably more legal
7:30:06 > 7:30:19uncertainty, not less.I won't claim credit for the ingenuity of the
7:30:19 > 7:30:25drafting but if I tell him that it comes based upon the work done by
7:30:25 > 7:30:29the international regulatory strategy group, one of the most
7:30:29 > 7:30:32distinguished groups in this field, will he think again in being totally
7:30:32 > 7:30:35dismissing the thing and recognise it was a serious point that needs to
7:30:35 > 7:30:42be addressed and engage with it.I won't dismiss it and I'm happy to
7:30:42 > 7:30:48think as many times he wants to talk about it at let me make a couple of
7:30:48 > 7:30:51points to illustrate what I think the risk of uncertainty would be.
7:30:51 > 7:30:57His subparagraph three a four example begs the question of whether
7:30:57 > 7:31:01retained EU law restrains omissions that start within the UK but may
7:31:01 > 7:31:06have effect outside of it. Subparagraph five a conflates
7:31:06 > 7:31:09functions conferred on public bodies with those of the secretary they are
7:31:09 > 7:31:14not the same thing. I sent underpinning this he is trying to
7:31:14 > 7:31:18legislate in advance for unknown unknowns and I understand that
7:31:18 > 7:31:22temptation but there is a countervailing but very real risk of
7:31:22 > 7:31:28increasing rather than mitigating the legal uncertainty if we go down
7:31:28 > 7:31:31that path so I hope, respectively, he can be persuaded to withdraw his
7:31:31 > 7:31:39amendment. I will give way one more time.In order that I might reflect
7:31:39 > 7:31:42upon as the debate goes forth perhaps he would like to give an
7:31:42 > 7:31:47example of the circumstances in which he thinks that these
7:31:47 > 7:31:52amendments might increase legal uncertainty rather than assisted.I
7:31:52 > 7:31:57have just told him, I have given two in relation to sub paragraph three a
7:31:57 > 7:32:02and five A but I am happy to give him some initiative examples of how
7:32:02 > 7:32:09impractical -- in practical terms this is not the avenue he wants to
7:32:09 > 7:32:14go down into a legal cul-de-sac but if he will forgive me I want to turn
7:32:14 > 7:32:17to some other amendments to give them due consideration in this
7:32:17 > 7:32:22debate and in particular I want to turn the amendment 278 and the
7:32:22 > 7:32:28linked amendments to hundred 79 to 284 from the Leader of the
7:32:28 > 7:32:34Opposition -- to 279 to 274 concerning exit day. The primers to
7:32:34 > 7:32:37has made clear in her Florence speech the UK will cease to be a
7:32:37 > 7:32:43member of the EU on the 29th of March 20 19. It's clear the UK will
7:32:43 > 7:32:46leave the EU at the end of the Article 50 process. The suggestions
7:32:46 > 7:32:51around the caveat are wildly unrealistic. The government has
7:32:51 > 7:32:54itself tabled an amendment to make sure the drafting of the bill is
7:32:54 > 7:32:59crystal clear on this point and give the country businesses, citizens
7:32:59 > 7:33:03alike, certainty and a measure of finality on this point. These
7:33:03 > 7:33:05amendments would replace that clarity and finality would
7:33:05 > 7:33:10uncertainty and confusion. They would alter the meaning of the term
7:33:10 > 7:33:13exit day within the bill but only for the purposes of the provisions
7:33:13 > 7:33:20of clause six. But for those purposes alone in the UK would not
7:33:20 > 7:33:26leave the EU until the transitional period. I'm afraid that would create
7:33:26 > 7:33:30damaging legal uncertainty and they are flawed amendments. They would
7:33:30 > 7:33:35have the effect that for the duration of any implementation
7:33:35 > 7:33:38period that may be agreed and we hope it will be and sooner rather
7:33:38 > 7:33:43than later, all of the important provisions on interpretation of
7:33:43 > 7:33:46retained EU law which are set out in this clause could not apply. They
7:33:46 > 7:33:53could only take effect from the end of that period. Since we have not
7:33:53 > 7:33:56agreed yet and implementation period with our EU partners the effect of
7:33:56 > 7:33:59the amendment would need to create an indefinite and indeterminate
7:33:59 > 7:34:04transitional period and that rather begs the question where the Labour
7:34:04 > 7:34:07Party are serious about facilitating the process of a smooth Brexit at
7:34:07 > 7:34:14all. I will give way.While the issue would be helpful if the
7:34:14 > 7:34:18Minister could clarify is the intention of the government to
7:34:18 > 7:34:22accept the jurisdiction of the Court of European Union during the
7:34:22 > 7:34:28transitional period, yes or no?He has the chance in his speech to make
7:34:28 > 7:34:34his points, I am dealing with his amendment and the very real... The
7:34:34 > 7:34:38very real risk that with the greatest will in the world, what Her
7:34:38 > 7:34:42Majesty's opposition are proposing will add rather than mitigate the
7:34:42 > 7:34:46uncertainty that actually when we go away from the fireworks of this
7:34:46 > 7:34:50debate ought to be a common endeavour of minimising apples of
7:34:50 > 7:34:53the Secretary of State for Exiting the EU EU made clear that there will
7:34:53 > 7:35:00be separate primary legislation and in any in fermentation phase so this
7:35:00 > 7:35:03is -- and in any implementatiobn phase. We have also been clear that
7:35:03 > 7:35:09in leaving the EU we will bring an end to the direct jurisdiction of
7:35:09 > 7:35:14the European Court in the UK. Our priority must be getting the right
7:35:14 > 7:35:17arrangements for Britain's relationship with the EU for the
7:35:17 > 7:35:22long-term, which means... I am going to make progress, I have given way
7:35:22 > 7:35:29before, a close economic partnership but art - regret out of the direct
7:35:29 > 7:35:34jurisdiction of the European Court. We want to get to that end game in a
7:35:34 > 7:35:39smooth and orderly way. I will give way in a second. That is why we want
7:35:39 > 7:35:42early agreement on the implementation period stop on that
7:35:42 > 7:35:47much we are agreed. It may mean we start off with the European Court
7:35:47 > 7:35:49governing some of the rules we are part of inner period but the
7:35:49 > 7:35:53government is also clear that if we can bring through a new dispute
7:35:53 > 7:35:57mechanism we can do so. These amendments do not allow for that.
7:35:57 > 7:36:02They preach judge and they pre-empt the outcome of the negotiations and
7:36:02 > 7:36:07they introduced legislative inflexibility by saying we must keep
7:36:07 > 7:36:10domestic law which binds us to the jurisdiction of the European Court
7:36:10 > 7:36:14after we leave for the full duration of any implementation period without
7:36:14 > 7:36:19knowing for a second how long that might be. The government has make in
7:36:19 > 7:36:23the case for legal certainty, the Labour Party is proposing a legal
7:36:23 > 7:36:30limbo. We cannot accept that. I am now going to turn to... I will give
7:36:30 > 7:36:39way.I actually agree, I should make this clear, with my honourable
7:36:39 > 7:36:43friend about the issue of transition. I find it difficult to
7:36:43 > 7:36:49see how we can approach transition in the course of this bill but there
7:36:49 > 7:36:55is an important underlying issue here because ultimately our future
7:36:55 > 7:37:01relations with the EU are going to have a very powerful bearing whether
7:37:01 > 7:37:07it's in transition or even after transition as to what we want EU law
7:37:07 > 7:37:12to do and how we want it to be interpreted, depending either on
7:37:12 > 7:37:16transition or indeed when we have completely gone, on the extent to
7:37:16 > 7:37:22which we wish to be in committee with EU law and this is the elephant
7:37:22 > 7:37:25in the room and it's going to have to be debated at some point as this
7:37:25 > 7:37:30bill goes through because some of it doesn't have to do with transition,
7:37:30 > 7:37:35it really has to do with an entire future relationship and it marries
7:37:35 > 7:37:38with great difficulty with this constant reiteration that the ECJ is
7:37:38 > 7:37:45somehow going to disappear out of the window.I'm grateful to my right
7:37:45 > 7:37:49honourable friend. I agree with him that the scope and parameters of the
7:37:49 > 7:37:54different options is something that will need to be settled but I think
7:37:54 > 7:37:57he is implicitly accepting and recognising that that is the subject
7:37:57 > 7:38:03of the diplomacy and again as has been said already, we cannot put the
7:38:03 > 7:38:07legislative cart before the diplomatic course and I fear that's
7:38:07 > 7:38:11what the previous amendment would do. I'm going to turn to amendment
7:38:11 > 7:38:17to hundred and two, which is tabled by the Honourable member for Ross
7:38:17 > 7:38:23and sky -- amendment to hundred and two. In leaving the EU we will bring
7:38:23 > 7:38:29an end to the jurisdiction of the European Court of Justice and this
7:38:29 > 7:38:31is essential to the sovereignty of our Parliament as we take back
7:38:31 > 7:38:36democratic control. We understand the desire to ensure a smooth and
7:38:36 > 7:38:40orderly exit and continuity for those who have commenced matters
7:38:40 > 7:38:47before the courts before exit and the member for Amersham made this
7:38:47 > 7:38:52point. That is why we set out in our July paper, which was entitled
7:38:52 > 7:38:58ongoing judicial proceedings that we believe the UK cases before the ECJ
7:38:58 > 7:39:03on exit day should not be interrupted but should be allowed to
7:39:03 > 7:39:06continue to binding judgment. We recognise the parties involved in
7:39:06 > 7:39:11such cases before the ECJ will have already gone through various stages
7:39:11 > 7:39:15of the process, potentially including Britain and oral
7:39:15 > 7:39:18submissions. We don't think we should to repeat those stages before
7:39:18 > 7:39:30the UK courts again.
7:39:30 > 7:39:38The amendment would provide more uncertainty than mitigate it. This
7:39:38 > 7:39:42Bill will convert directly applicable EU law into domestic law
7:39:42 > 7:39:47so our domestic courts will then apply to those matters. And it is in
7:39:47 > 7:39:51this way that we will have certainty about how the jurisdiction of the
7:39:51 > 7:39:56ECJ in the UK will be brought to an end. But permitting the European
7:39:56 > 7:40:01Court to continue ruling on cases which were not before Rick
7:40:01 > 7:40:04procedurally on the day of withdrawal as the amendment proposes
7:40:04 > 7:40:08would give rise to considerable uncertainty. It would extend the
7:40:08 > 7:40:12period under which the European Court would continue to issue
7:40:12 > 7:40:15judgments in respect of the UK and it is actually impossible to predict
7:40:15 > 7:40:20how long that may last. I am going to make a slight bit of progress and
7:40:20 > 7:40:26then I will give way to the honourable lady. After exit date,
7:40:26 > 7:40:33the UK will no longer be a member state of the EU. Under the EU
7:40:33 > 7:40:38treaty, the European Court itself can only act on references made by
7:40:38 > 7:40:44member state courts. The references in visit by this amendment would not
7:40:44 > 7:40:49in any event be possible. I give way.I am sure the honourable
7:40:49 > 7:40:52gentleman is aware of the arrangements that were made in
7:40:52 > 7:40:58relation to the Privvy Council when New Zealand chose to have its own
7:40:58 > 7:41:00Supreme Court and cases from New Zealand are still going to the
7:41:00 > 7:41:04Privvy Council. All we are contemplating with these amendments
7:41:04 > 7:41:11is a similar arrangement.I accept the point but it is not the same
7:41:11 > 7:41:18mechanism. I don't think it is desirable. But I want to turn out to
7:41:18 > 7:41:25amendment 203 by the honourable gentleman. I will give way.I just
7:41:25 > 7:41:31wanted clarification on that point. If a right of action has arisen
7:41:31 > 7:41:38before Brexit day that would have attracted at the time that right of
7:41:38 > 7:41:44action arose the full protections and right to referral to the ECJ, is
7:41:44 > 7:41:49the minister now saying that that right will not be taken forward and
7:41:49 > 7:41:56those rights will in effect have been retrospectively changed?I do
7:41:56 > 7:42:00understand the point she is making. I don't think I would accept the
7:42:00 > 7:42:04characterisation though. It is absolutely right that cases that are
7:42:04 > 7:42:08procedurally before the dock of the court that have been lodged before
7:42:08 > 7:42:12Exit day will continue to conclusion. But in relation to facts
7:42:12 > 7:42:16that may or may not give rise to a course of action at some point in
7:42:16 > 7:42:20the future, we would end up with a long tail of uncertainty if we went
7:42:20 > 7:42:25down the path Sears suggesting and what I would say is that those cases
7:42:25 > 7:42:29can continue good for the UK courts because of the way we are going to
7:42:29 > 7:42:33retain EU law, but we would have more not less uncertainty for
7:42:33 > 7:42:38citizens and businesses if we allowed the access to the court that
7:42:38 > 7:42:47she is suggesting. I will give way. But surely the minister here is
7:42:47 > 7:42:50ignoring the legitimate expectation that I was talking about earlier on
7:42:50 > 7:42:55and, quite frankly, if the government doesn't look at this
7:42:55 > 7:43:00again, it is going to be an abuse of power because it removes rights from
7:43:00 > 7:43:03individuals that actually they would have legitimately expected to carry
7:43:03 > 7:43:09them through to the end of the case. She makes an interesting point about
7:43:09 > 7:43:14legitimate expectations but I think there's an equally legitimate
7:43:14 > 7:43:19expectation and demand and need to have some finality to the legal
7:43:19 > 7:43:21arrangements and the institutional arrangements that would give rise to
7:43:21 > 7:43:33cases before the European Court. But I'm going to come on if I may, I
7:43:33 > 7:43:39would like to return to amendment 203 by the honourable gentleman and
7:43:39 > 7:43:45related amendments 353 and 354, which remove sub section seven of
7:43:45 > 7:43:47clause six and then partially reinsert the sub-clause back into
7:43:47 > 7:43:57clause 14. Clause six, subparagraph seven, provides for key definitions
7:43:57 > 7:44:02of terms within the Bill which are absolutely crucial to the proper
7:44:02 > 7:44:06interpretation and a full understanding of the content. The
7:44:06 > 7:44:09sub-clause aims to leave you any potential confusion and ensure there
7:44:09 > 7:44:14is no vagueness or ambiguity with the different types of retained law
7:44:14 > 7:44:18mentioned within the Bill. That is vital for those reading,
7:44:18 > 7:44:22implementing and interpreting the Bill due to the different effect
7:44:22 > 7:44:27that each type of retained law will have. The definitions placement
7:44:27 > 7:44:30within clause six is specifically designed to make the Bill easier to
7:44:30 > 7:44:35navigate and more user-friendly by placing the specific definitions
7:44:35 > 7:44:40closer to where they are used and deployed in the text. Why the
7:44:40 > 7:44:48general definitions are set out in clause 14 and clause 15 provides an
7:44:48 > 7:44:53index of all the defined terms to make the Bill easier as a reference
7:44:53 > 7:44:57tool. To remove these definitions from clause six and only partially
7:44:57 > 7:45:02reinsert them into clause 14 as the amendment suggests would undermine
7:45:02 > 7:45:06the certainty and clarity we are aiming to provide in this Bill.
7:45:06 > 7:45:10Without statutory definitions of the different types of retained law, we
7:45:10 > 7:45:14would be creating a situation which undermines the stability of our
7:45:14 > 7:45:19domestic legal issues after Brexit and exacerbate the burdens on the
7:45:19 > 7:45:22court system. Reinserting the definition of retained a domestic
7:45:22 > 7:45:26case law in clause 15 does not alleviate this is because it would
7:45:26 > 7:45:29raise the question of why this particular definition has been
7:45:29 > 7:45:35included while others have not. Its placement in the general body of
7:45:35 > 7:45:38clause 14 away from its original use in clause six would also make it far
7:45:38 > 7:45:42less easy to navigate the text, which is something we are very keen
7:45:42 > 7:45:50to avoid. There needed to amendment 137 which is a culmination of the
7:45:50 > 7:45:57SNP and Liberal Democrats. Clause six, subsection two of the Bill will
7:45:57 > 7:46:00allow for our domestic courts and tribunal is to take into account any
7:46:00 > 7:46:11decisions made by the European Court on and after Exit day. This ensures
7:46:11 > 7:46:16that our courts are not bound by the decision of the European Court
7:46:16 > 7:46:19whilst enabling them to consider in subsequent case law if they believe
7:46:19 > 7:46:24it is appropriate to do so. This is the kind of exercise that our
7:46:24 > 7:46:27domestic courts currently already do. There is widespread practice
7:46:27 > 7:46:32with judgments of cause and other jurisdictions, particularly the
7:46:32 > 7:46:34Commonwealth, so in principle there is nothing new or different here.
7:46:34 > 7:46:39The UK has always been an open and outward looking country and our
7:46:39 > 7:46:45legal traditions are no different. They are a reflection of that. We
7:46:45 > 7:46:49pay attention to the developments in other jurisdictions. We pay
7:46:49 > 7:46:57attention to, law jurisdictions. We embrace these. But it is done on our
7:46:57 > 7:47:00terms, under our control, decided by our courts and ultimately subject to
7:47:00 > 7:47:06the legislative will and sovereignty of this House. So amendment 137 is
7:47:06 > 7:47:11unnecessary as the Bill already provides the post exit decisions of
7:47:11 > 7:47:15the European Court can be considered by the domestic courts. The
7:47:15 > 7:47:19amendment would go further than that. It would require our courts
7:47:19 > 7:47:22and tribunals to pay would do regard to any relevant decision of the
7:47:22 > 7:47:28European Court. But what is due regard mean? It is not defined.
7:47:28 > 7:47:33Indeed, it is far from clear. It is evidently intended to go further
7:47:33 > 7:47:38than clause six and tacitly urge our courts to heed or follow or Shadow
7:47:38 > 7:47:42the Luxembourg court but there is no parity -- clarity as to what would
7:47:42 > 7:47:56count as due consideration. It seeks to apply to the European Court a
7:47:56 > 7:47:59procedural requirement that is stronger but so vain that is likely
7:47:59 > 7:48:07to create more not less confusion. So I hope I have tackled or at least
7:48:07 > 7:48:12addressed members' concerns and I would urge them to withdraw them. I
7:48:12 > 7:48:20now want to turn to the amendment 303, which is in the name of my
7:48:20 > 7:48:23right honourable friend the member for Chesham and Amersham. I want to
7:48:23 > 7:48:29start by thanking her for moving this amendment and explaining it in
7:48:29 > 7:48:33a very constructive spirit which I think she has. I recognise that she
7:48:33 > 7:48:38is representing the interests of her constituency with her customary
7:48:38 > 7:48:42tenacity and at the same time I need to take a few moments to set up why
7:48:42 > 7:48:45we have taken the approach we have on these issues and also the
7:48:45 > 7:48:51difficulties that I see with the particular amendment that she has
7:48:51 > 7:48:54put forward. Clause six supports the Bill's or aim of maximising
7:48:54 > 7:48:59certainty. It is in no one's interest for there to be a Cliffe
7:48:59 > 7:49:02edge. That is why the Bill will mean that the laws and rules that we have
7:49:02 > 7:49:08now will as far as possible continue to apply. The Bill is seeking to
7:49:08 > 7:49:13take a slap shot of EU law and immediately before Exit day. The
7:49:13 > 7:49:16government has also been clear that in leaving the EU we will be
7:49:16 > 7:49:19bringing an end to the direct jurisdiction of the European Court
7:49:19 > 7:49:31of Justice in the UK. In order to maximise
7:49:33 > 7:49:41certainty,... Our domestic courts and tribunals will no longer be
7:49:41 > 7:49:44bound by or required to have regard to any decisions of the European
7:49:44 > 7:49:48Court after that point but they can do so if they consider it
7:49:48 > 7:49:51appropriate. These clear rules of interpretation are set out in clause
7:49:51 > 7:50:02six.I wonder whether I could try again to asking the question. He
7:50:02 > 7:50:08just said that the courts would be bound by retained, by judgments by
7:50:08 > 7:50:15the European Court about retained law. I asked him about clause four a
7:50:15 > 7:50:21in which it says quite specifically the Supreme Court is not bound by
7:50:21 > 7:50:26any retained EU case book. It seems to us that he can have it one way or
7:50:26 > 7:50:33the other. Which is the governing clause? The one that says the clause
7:50:33 > 7:50:37-- courts are bound in accordance with previous judgments of the ECJ
7:50:37 > 7:50:45or the one that says the Supreme Court is not bound by that?I thank
7:50:45 > 7:50:48my right honourable friend. The point is that we take a snapshot of
7:50:48 > 7:50:51EU law at the point of exit but after that the normal rules of
7:50:51 > 7:50:59precedent will apply which allowed departure from any precedents that
7:50:59 > 7:51:02apply which then comes back to the point of how you achieve a smooth
7:51:02 > 7:51:07and orderly transition from retained EU law to making sure that when push
7:51:07 > 7:51:13comes to shove, as that case law evolves, the UK Supreme Court has
7:51:13 > 7:51:20the last word. That is the balance struck in this Bill. I give way.I
7:51:20 > 7:51:25can understand that issue but there is also another issue, which is
7:51:25 > 7:51:29quite... Assume for a moment no transition, no relation with the EU
7:51:29 > 7:51:35at all, is the courts opposed to apply EU law as currently applied or
7:51:35 > 7:51:40are they supposed to ignore the underlying purpose by which it is
7:51:40 > 7:51:46constantly been applied her and in which case what are the rules which
7:51:46 > 7:51:52they are supposed to apply? That is why the judiciary have expressed
7:51:52 > 7:51:55this is real concern about what they are supposed to do with this. It is
7:51:55 > 7:52:01quite unclear what Parliament intends. Forget about transition,
7:52:01 > 7:52:07forget about a future relationship, what are they supposed to do? They
7:52:07 > 7:52:10have rules for interpreting this law at the moment. Are they supposed to
7:52:10 > 7:52:13stick to those rules when the underlying purpose is no longer
7:52:13 > 7:52:19there?I would be quite careful about not prejudging or prejudicing
7:52:19 > 7:52:22what the courts decide to do, particularly given the thrust of
7:52:22 > 7:52:27this Bill is to make sure the judges have the autonomy and the discretion
7:52:27 > 7:52:33but the reality is that this is dealt with in the Bill and it is
7:52:33 > 7:52:39possible for the UK courts in relation to retained case law to
7:52:39 > 7:52:43look at the underlying purpose or intention of any piece of
7:52:43 > 7:52:46legislation or any principles that have been articulated and, moving
7:52:46 > 7:52:50forward, they are free at their own volition to depart from any
7:52:50 > 7:52:53precedents in the normal way and that is something that already
7:52:53 > 7:52:59applies in relation to wider common jurisdictions. The question I would
7:52:59 > 7:53:03put back is why on earth, when we are leaving the EU, given that we
7:53:03 > 7:53:11are open and outward looking country that does take account of different
7:53:11 > 7:53:13principles from different jurisdictions, we would put on an
7:53:13 > 7:53:19elevated status? I am going to make of progress.
7:53:20 > 7:53:26It's kind, but I need to make some progress. I need to turn back,
7:53:26 > 7:53:31otherwise I will lose the thread in relation to amendment 303. That
7:53:31 > 7:53:35would be at odds with the clear and certain position set out in the
7:53:35 > 7:53:41bill. By continuing to bind UK courts to some post-exit ECJ
7:53:41 > 7:53:45decisions in case law where the matters give rise where the case
7:53:45 > 7:53:49occurred before our exit. Those judgments will be continuing to be
7:53:49 > 7:53:52binding even after the implementation period. The amendment
7:53:52 > 7:53:56goes further than that, it would apply to anything happening before
7:53:56 > 7:54:02exit date, including ECJ judgments on cases referred from outside of
7:54:02 > 7:54:07the UK, for example, a preliminary reference made by a EU member state
7:54:07 > 7:54:11might also fall within the scope of this amendment if the facts of the
7:54:11 > 7:54:17case were raised before exit date. The consequences of that would-be
7:54:17 > 7:54:22rather far-reaching and provide practical difficulties for the Court
7:54:22 > 7:54:28of Justice. UK courts would continue to be banned by some ECJ adjustments
7:54:28 > 7:54:32from an indeterminate amount of time. These judgments would continue
7:54:32 > 7:54:36to be an issue long after we leave the EU as cases progress to the
7:54:36 > 7:54:39European Court from across the EU. And yet these judgments would not
7:54:39 > 7:54:51have formed part of a snapshot of UK case law on the clause six,
7:54:51 > 7:54:55subparagraph three, and by contrast such post-exit judgments would bind
7:54:55 > 7:54:59our course in all circumstances, including a retained version of EU
7:54:59 > 7:55:02regulation had since been modified by the Parliament or the devolved
7:55:02 > 7:55:07administration. That would create foreseeable and entirely avoidable
7:55:07 > 7:55:11uncertainty. And it wouldn't be necessary because individuals whose
7:55:11 > 7:55:14course of action predates our exit would of course continue to be able
7:55:14 > 7:55:18to take their case to domestic courts even if after exit they
7:55:18 > 7:55:22cannot reach the European Court, and that's the fundamental point in
7:55:22 > 7:55:31relation to the procedural framework. And 304 next, and then
7:55:31 > 7:55:36the related amendment from my right honourable friend, the member for
7:55:36 > 7:55:41Chesham and Amersham in relation to retaining ECJ referrals and
7:55:41 > 7:55:46jurisdiction for anything that happened before exit day. In leaving
7:55:46 > 7:55:50the EU, we will bring an end to the jurisdiction of the ECJ. We have
7:55:50 > 7:55:54made that clear. The proposed amendment would rather tends to
7:55:54 > 7:55:57frustrate that objective because it would mean our courts would continue
7:55:57 > 7:56:00to make references to the Court of Justice in relation to cases where
7:56:00 > 7:56:04relevant matters have occurred before our withdrawal from the EU.
7:56:04 > 7:56:09As a result, different rules and processes would apply in these cases
7:56:09 > 7:56:14compared to those where the relevant circumstances arose after exit day.
7:56:14 > 7:56:19I fear that would arise more, not less uncertainty. It would be
7:56:19 > 7:56:23impossible to predict for how long UK courts would continue to be
7:56:23 > 7:56:26subject to binding judgments from Luxembourg. When we exit the EU we
7:56:26 > 7:56:33will know it how many pending cases are registered with the European
7:56:33 > 7:56:36Court awaiting preliminary reference and is covered by any proposed
7:56:36 > 7:56:40agreement we have with the EU on the treatment of pending cases. That's
7:56:40 > 7:56:44important in order to deliver certainty on how and when the court
7:56:44 > 7:56:53in the UK will be brought to an end. As with amendment 303, it's not
7:56:53 > 7:56:57necessary. Individuals will not lose their ability to vindicate their
7:56:57 > 7:57:01rights at court after exit. They will be able to take those cases to
7:57:01 > 7:57:09our domestic courts. Forgive me, Madam Deputy Speaker and my right
7:57:09 > 7:57:12honourable friend, the member for Chesham and Amersham, but I thought
7:57:12 > 7:57:16it was necessary to address the amendments in some detail. Equally,
7:57:16 > 7:57:21I want to say I recognise the elegance and force with which she
7:57:21 > 7:57:23champions their constituents, and ministers will take away the
7:57:23 > 7:57:28underlying issue that she has brought and powerfully moved for
7:57:28 > 7:57:32consideration. I hope under that basis she will not feel she to press
7:57:32 > 7:57:36today. I will give waist up what I have been following his arguments
7:57:36 > 7:57:44very carefully.With help from my colleagues. I appreciate this is a
7:57:44 > 7:57:48very tricky matter and it relates to my constituent. Therefore I am
7:57:48 > 7:57:53grateful that he has undertaken to take these away and look at this
7:57:53 > 7:57:56principle articulately in relation to this case, because I feel it
7:57:56 > 7:58:03would be most unjust. I have no love for the European Court of Justice, I
7:58:03 > 7:58:08don't want this bill to go throughout the cost of justice for
7:58:08 > 7:58:11my constituent, even know I do want the bill to go through. I think this
7:58:11 > 7:58:15case has thrown it into stark relief so I am grateful for the Minister
7:58:15 > 7:58:18for the undertaking and I look forward to speaking to him further
7:58:18 > 7:58:23about the matter.I think my right honourable friend in a constructive
7:58:23 > 7:58:27way she has gone about this and we will take that consideration forward
7:58:27 > 7:58:30after these proceedings. I will now rattle through the final amendments
7:58:30 > 7:58:36so I have given them all justice and due consideration. Turning axed to
7:58:36 > 7:58:43amendment 306, tabled by the opposition. Clause six, subsection
7:58:43 > 7:58:47two of the bill states our courts are no longer bound by decisions of
7:58:47 > 7:58:50the European Court after our departure, or required to consider
7:58:50 > 7:58:53in future cases, although they may do so if they believed to be
7:58:53 > 7:59:03appropriate. This clause is a vote of confidence in our judiciary. Its
7:59:03 > 7:59:05independence and expertise. Using similar exercises as they currently
7:59:05 > 7:59:10do with the judgment of courts in other jurisdictions, our courts are
7:59:10 > 7:59:16best placed to decide to what extent, if any, they obey European
7:59:16 > 7:59:21law in front of them. The intention of clause 306 is to remove that
7:59:21 > 7:59:27discretion and replace it with a duty which sets which aspects of
7:59:27 > 7:59:30European caselaw our judges must consider, albeit only in certain
7:59:30 > 7:59:35areas. In practice that will create a presumption that in those areas EU
7:59:35 > 7:59:39decisions should be followed. That is the clear intention. It
7:59:39 > 7:59:43undermines the purpose of clause six in both fundamental objectives. It
7:59:43 > 7:59:47was straight return of control to this house and the European Supreme
7:59:47 > 7:59:50Court and exposes the UK to substantial additional and
7:59:50 > 7:59:56unnecessary legal uncertainty. I will make a little bit more
7:59:56 > 8:00:00progress. I have given way to be honourable lady. The singling out of
8:00:00 > 8:00:03these particular areas of law, I have to say, appears somewhat
8:00:03 > 8:00:09arbitrary given other fields it might apply to. It will lead to a
8:00:09 > 8:00:18splitted approach. More uncertainty, not less. In any case, it is totally
8:00:18 > 8:00:22unnecessary. The UK has a proud history of ensuring the rights and
8:00:22 > 8:00:26protections of individuals in this country. The UK has high standards
8:00:26 > 8:00:30of protection domestically, in relation to workers' rights, human
8:00:30 > 8:00:34rights. We are recognised as a world leader in delivering robust and
8:00:34 > 8:00:37rigorous health and safety protections. That level of
8:00:37 > 8:00:41commitment is not dependent on our membership of the EU. It's dependent
8:00:41 > 8:00:44on honourable members in this house and there it eternal vigilance. It
8:00:44 > 8:00:49will continue to be dependent on that after we leave. I hope The
8:00:49 > 8:00:51Right Honourable member for Islington North and his colleagues
8:00:51 > 8:00:58in the Labour Party will withdraw amendment 306. Finally I will turn
8:00:58 > 8:01:02to amendment 358, tabled by the chair of the Justice select
8:01:02 > 8:01:07committee, which sets out the ability of UK courts in regards to
8:01:07 > 8:01:11material used in preparation of retained EU law. I suspect this is
8:01:11 > 8:01:15the point at which I hope I will give some reassurance to my right
8:01:15 > 8:01:20honourable friends for and Dorset. Currently when interpreting EU law
8:01:20 > 8:01:25domestically our courts will look at the language used, as well as
8:01:25 > 8:01:28considering the legislation's recitals, the legal basis and other
8:01:28 > 8:01:32language versions in other to inform their interpretation. We do not want
8:01:32 > 8:01:37to change the way in which this law is interpreted. Or to create any
8:01:37 > 8:01:41fresh uncertainty as to its meaning. The bill provides for the courts to
8:01:41 > 8:01:47continue that approach. Clause six provides that questions of validity
8:01:47 > 8:01:52will be decided in accordance with retained caselaw and general
8:01:52 > 8:02:00principles of EU law. This means, this requires taking a interpretive
8:02:00 > 8:02:10approach is. Working papers that may have led to the adoption of the
8:02:10 > 8:02:14measure, and the general principles of EU law. I hope this reassures my
8:02:14 > 8:02:20honourable friend. And that he will withdraw his amendment. Before I
8:02:20 > 8:02:25close I will give way.I am grateful to my right honourable friend who is
8:02:25 > 8:02:29making a powerful case on each of these amendments. I am among those
8:02:29 > 8:02:33who are concerned about the level of confusion about whether cut off line
8:02:33 > 8:02:38is in all of this. Take you back to what he just said, he talks about
8:02:38 > 8:02:41the general principles, but these will shift and change. Is there a
8:02:41 > 8:02:47point by which when we reference the principles and those principles are
8:02:47 > 8:02:50changed post our exit, that we don't consider them to be the principles
8:02:50 > 8:02:53we reference rather than the principles that exist before and are
8:02:53 > 8:02:58now or not modified. At which point do we have a cut-off point?My right
8:02:58 > 8:03:03honourable friend raises an excellent point, rather he satiric,
8:03:03 > 8:03:06but it's about clause five in schedule one. If he is patient we
8:03:06 > 8:03:15will turn to next week. We will address all the concerns he has. --
8:03:15 > 8:03:19rather esoteric. I hope I have sought to address the underlying
8:03:19 > 8:03:24concerns of the amendments and hope this house will now give them the
8:03:24 > 8:03:28consideration of maximising legal certainty and minimising the
8:03:28 > 8:03:31confusion and making sure we have a smooth transition and all honourable
8:03:31 > 8:03:41members will make sure clause six passes the bill unamended. I rise to
8:03:41 > 8:03:48formally move amendment 137 in my name. I am happy to say the name of
8:03:48 > 8:03:54many other honourable members on these benches.Or amendments 202 and
8:03:54 > 8:03:58203 in the name of my right honourable friend the member for
8:03:58 > 8:04:02Ross, Skye and Lochaber and other members on these benches. I was
8:04:02 > 8:04:07delighted to see the Labour Party spokesman say the Labour Party are
8:04:07 > 8:04:14giving support to my amendment, 137, which also has the support of the
8:04:14 > 8:04:17Trade Union Congress, Justice, the equalities and human rights
8:04:17 > 8:04:22commission, and the Fawcett Society. I am going to endeavour to address
8:04:22 > 8:04:27in some detail why this amendment is necessary. In essence, it is there
8:04:27 > 8:04:32because it is necessary to create legal certainty for individuals and
8:04:32 > 8:04:35businesses by giving a clear instruction to the courts about how
8:04:35 > 8:04:40to treat decisions of the Court of Justice of the European Union after
8:04:40 > 8:04:43exit day. I'm afraid to say the bill as it currently stands does not give
8:04:43 > 8:04:50that degree of clarity. The purpose of my amendment 137 is also to
8:04:50 > 8:04:53protect the judiciary from having to make decisions which are open to
8:04:53 > 8:04:59political criticism. We saw some pretty Arthenus political criticism
8:04:59 > 8:05:04of judges at the UK Supreme Court earlier this year. And we have heard
8:05:04 > 8:05:08judges from that court expressed concern about not being given proper
8:05:08 > 8:05:12direction in this bill about the possibility of not being given
8:05:12 > 8:05:15proper direction in this bill, and my amendment seeks to address that
8:05:15 > 8:05:20issue. Finally, and perhaps most importantly for our constituents,
8:05:20 > 8:05:26this amendment will encourage United Kingdom rights protections to keep
8:05:26 > 8:05:33pace with European Union rights after Brexit. Amendment 202 is also
8:05:33 > 8:05:37about giving certainty to individuals and to businesses who
8:05:37 > 8:05:41have a case is pending before the domestic courts on exit day. I
8:05:41 > 8:05:44listened very carefully to what The Right Honourable lady for Chesham
8:05:44 > 8:05:49and Amersham had to say about her amendments, with which I have great
8:05:49 > 8:05:53sympathy, because these amendments, 202 and 203 are for a similar
8:05:53 > 8:05:57purpose. I also listened with some care to what the minister had to
8:05:57 > 8:06:01say, but I regret to say that the Minister has not given me any
8:06:01 > 8:06:05comfort that there is anything on the face of this bill which will
8:06:05 > 8:06:09give the sort of certainty that is required for people in the midst of
8:06:09 > 8:06:21litigation at exit day. That's why we seek to define pending matter in
8:06:21 > 8:06:25amendment 334, any litigation which has been commenced in any court or
8:06:25 > 8:06:30tribunal in the UK and which has not finally determined at exit day.
8:06:30 > 8:06:37There is even need for clarity here. It is not just my say-so or those
8:06:37 > 8:06:40who support the amendment. These amendments were drafted with care by
8:06:40 > 8:06:45the Law Society of Scotland, and I would submit they are necessary to
8:06:45 > 8:06:55give to protect bitter gents' legitimate expectations. -- litter
8:06:55 > 8:06:59gents. There is the need to create legal certainty. Honourable members
8:06:59 > 8:07:03of both sides of the house have referred to that today. It is
8:07:03 > 8:07:09absolute requirement of the rule of law that there should be legal
8:07:09 > 8:07:12certainty. I regret to say clause six as currently drafted does not
8:07:12 > 8:07:18give that degree of legal certainty. In accordance with our mandate the
8:07:18 > 8:07:23Scottish National Party opposes Brexit, but we understand the need
8:07:23 > 8:07:26for withdrawal legislation. We want to reach agreement on it if possible
8:07:26 > 8:07:32and we want to ensure the legislation is properly framed.
8:07:32 > 8:07:37Close six currently is not properly framed because it does not give the
8:07:37 > 8:07:41certainty required. Before I explain why the amendments we seek to move,
8:07:41 > 8:07:45we bring that certainty and clarity, I want to make a more general point
8:07:45 > 8:07:49about clause six that reflects debate that took place just now and
8:07:49 > 8:07:56also earlier today in this house.
8:07:56 > 8:07:59Everything in clause six pivots around exit day, so the definition
8:07:59 > 8:08:04of exit day is crucial. The government have amendments pending
8:08:04 > 8:08:09later in this committee stage about penning exit day to the 29th of
8:08:09 > 8:08:13March 2019. Forgive me if I forget the time. I am not too bothered
8:08:13 > 8:08:19whether it is EU or British time. That doesn't seem a big issue to me.
8:08:19 > 8:08:23But what is crucial is that clause six pivots around the issue of exit
8:08:23 > 8:08:29day and, as I said earlier, it seems to me that the government's
8:08:29 > 8:08:33amendment, purporting to set exit day in stone, is mere window
8:08:33 > 8:08:40dressing and mere politics because, as others have pointed out today,
8:08:40 > 8:08:47perhaps more eloquently than I, particularly the right honourable
8:08:47 > 8:08:49member for Beaconsfield, these amendments are barmy and don't
8:08:49 > 8:08:55achieve what they are setting out to achieve. Because, you see, the Prime
8:08:55 > 8:08:59Minister's very keen to have a transition period. That was what the
8:08:59 > 8:09:02Florence speech was all about. When I and other honourable members were
8:09:02 > 8:09:08in Brussels last week, we raised to senior people at the EU what their
8:09:08 > 8:09:11understanding of the legal basis for any transitional deal would be, and
8:09:11 > 8:09:16they said, its Article 50 four stop that didn't come as a surprise to
8:09:16 > 8:09:19me, because I asked the Prime Minister a couple of weeks ago and
8:09:19 > 8:09:25she said her understanding was that it was Article 50, based on the EU's
8:09:25 > 8:09:29April guidelines. What the senior officials at the EU told us last
8:09:29 > 8:09:33week is that, if transition takes place under Article 50, we will stay
8:09:33 > 8:09:37the customs union and the single market and we will remain subject to
8:09:37 > 8:09:44the court of justice of the European Union. So, if there is to be a
8:09:44 > 8:09:48transitional deal, the reality is that it means all of the courts in
8:09:48 > 8:09:52the UK will continue to be subject to the jurisdiction of the court of
8:09:52 > 8:09:57justice of the European Union, and that really means that clause six
8:09:57 > 8:10:01isn't going to work if there is a transition period and, if the
8:10:01 > 8:10:05government don't agree with me on that, could they please tell us why
8:10:05 > 8:10:09not, and what is their alternative legal basis for any transitional
8:10:09 > 8:10:14deal and on what basis do they say, if they do, that we are not going to
8:10:14 > 8:10:17be under the jurisdiction of the European Court of Justice during the
8:10:17 > 8:10:25transition period? That said, if we ever do leave the European Union,
8:10:25 > 8:10:29which I hope we don't, but if we leave it in reality rather than in
8:10:29 > 8:10:37name only, or if we crash out without a deal, God forbid, but that
8:10:37 > 8:10:41has to be a serious possibility, clause six is going to be very
8:10:41 > 8:10:44important indeed, so we need to get it right, and that's the reason for
8:10:44 > 8:10:51these amendments. As things stand at present, the court of justice of the
8:10:51 > 8:10:55European Union is the ultimate arbiter of the meaning of EU law
8:10:55 > 8:10:59under the EU treaties. At the moment, courts in the UK are bound
8:10:59 > 8:11:05to determine issues of EU law in accordance with the court of
8:11:05 > 8:11:08justice's interpretation. So where the issue isn't clear, the national
8:11:08 > 8:11:14court is under a duty to make a preliminary reference to ask for a
8:11:14 > 8:11:19definitive interpretation. That's how it works. And it's really wrong
8:11:19 > 8:11:25to describe the court of justice as having jurisdiction in the UK. It
8:11:25 > 8:11:29simply has jurisdiction to answer questions about EU law put it by the
8:11:29 > 8:11:34UK courts, and I very much fear that much of the antipathy directed
8:11:34 > 8:11:38towards the court of justice is based on a fundamental
8:11:38 > 8:11:41misapprehension as to what it actually does and what it is
8:11:41 > 8:11:45actually there for. It doesn't dictate our laws and, as others more
8:11:45 > 8:11:49eloquent than me and explained earlier, the laws come from many
8:11:49 > 8:11:53sources. What a court of justice does is to interpret the laws and
8:11:53 > 8:12:00create some consistency. That said, I accept that, if we leave the
8:12:00 > 8:12:03European Union, the duty to refer issues to the court will no longer
8:12:03 > 8:12:10apply. But I also know, because this bill tells me so, that retained EU
8:12:10 > 8:12:13law will still have to be interpreted by our courts, north and
8:12:13 > 8:12:20south of the border. According to clause six of the bill, after exit
8:12:20 > 8:12:24day, our courts will not be under a duty to follow the interpretation of
8:12:24 > 8:12:28the court of justice, but even though that is the case, the court
8:12:28 > 8:12:32of justice is going to continue giving judgments on references from
8:12:32 > 8:12:36other member states, and these will deal with what law that we have
8:12:36 > 8:12:42retained means. So the case will of the court of justice may still offer
8:12:42 > 8:12:45useful guidance for our courts, and I think the government accept that,
8:12:45 > 8:12:49because they have attempted to frame some guidance on that in clause six.
8:12:49 > 8:12:56But the only guidance they've given is that the UK courts are not bound
8:12:56 > 8:13:02by the court of justice after Brexit, but they may have regard to
8:13:02 > 8:13:06anything the court says if it considers it appropriate to do so.
8:13:06 > 8:13:12It's the word appropriate which causes concern to many across this
8:13:12 > 8:13:15house and many outwith this house, because it gives the judge is an
8:13:15 > 8:13:19extraordinarily wide discretion but no guidance on what circumstances it
8:13:19 > 8:13:24is proper for them to look at the court of justice's decisions, as
8:13:24 > 8:13:31this is important because no less than Lord Neuberger, the outgoing
8:13:31 > 8:13:36president of the Supreme Court, has expressed concern that judges will
8:13:36 > 8:13:40need clarity about how to take decisions of the court of justice
8:13:40 > 8:13:44after Brexit. He said, if the government doesn't express clearly
8:13:44 > 8:13:48what the judges should do about decisions of the court of justice
8:13:48 > 8:13:51after Brexit, the judges will simply have to do their best and, if they
8:13:51 > 8:13:56are left just to do that, it will be unfair to blame them for making law
8:13:56 > 8:14:01which Parliament has failed to make. I am loathe to interrupt my
8:14:01 > 8:14:07honourable friend, who is making a very powerful case for legal
8:14:07 > 8:14:12certainty. Does she agree with me that a wide range of industries and
8:14:12 > 8:14:15other organisations will need legal certainty, certainly around freedom
8:14:15 > 8:14:20of movement, such as the education and food and drinks sectors? Does
8:14:20 > 8:14:23she share my concern at reports that have come from the Financial Times
8:14:23 > 8:14:28this evening that the Secretary of State for leading the EU says that
8:14:28 > 8:14:30bankers and other professionals, it's been reported, had been
8:14:30 > 8:14:37promised a special post Brexit tracked regime -- travel regime?
8:14:37 > 8:14:44Surely we should just be dealing with the bankers.-- we shouldn't.
8:14:44 > 8:14:47I'm grateful to my honourable friend for bringing this matter to floor of
8:14:47 > 8:14:52the house. If the Financial Times report is correct, the government
8:14:52 > 8:14:56are going to give special deals for certain professions, then this is
8:14:56 > 8:15:00going to come as a great shock to those other professions who will not
8:15:00 > 8:15:04get such a special deal, and in particular shock to cross party
8:15:04 > 8:15:06colleagues in the Scottish Parliament who have asked for a
8:15:06 > 8:15:11special deal on immigration in Scotland, as have Unison, the
8:15:11 > 8:15:16chambers of commerce in Scotland have mentioned this as well, as has
8:15:16 > 8:15:19the institute directors. So I very much look forward to seeing the
8:15:19 > 8:15:23Minister for exiting the European Union coming to the house to explain
8:15:23 > 8:15:27what is going on here. But, to return to the issue of legal
8:15:27 > 8:15:32certainty, the Institute for Government, it looked very carefully
8:15:32 > 8:15:37at different tests which might be put on this bill to direct the
8:15:37 > 8:15:40courts, and they expressed the view that, if we in Parliament passed the
8:15:40 > 8:15:46buck on this issue to the judges, it leaves the judges open to fierce
8:15:46 > 8:15:49political criticism. We have already seen the sort of fierce criticism
8:15:49 > 8:15:53that judges got earlier this year, and the matter of all different
8:15:53 > 8:15:57views that we might have about the British constitution, and I think
8:15:57 > 8:16:04that all of us could probably accept that the independence which fishery
8:16:04 > 8:16:10is fundamental, and we perhaps don't have to go to far from home in the
8:16:10 > 8:16:14EU to see a judiciary which isn't independent, but I digress. We need
8:16:14 > 8:16:21an independent judiciary in this country. We have one, but they have
8:16:21 > 8:16:26to be protected from criticism, because they cannot go into print to
8:16:26 > 8:16:30defend themselves when they are criticised. I will just finished my
8:16:30 > 8:16:34point. What we need to do is to provide the courts with a specific
8:16:34 > 8:16:38legal test on the face of this bill governing the treatment of court of
8:16:38 > 8:16:45justice case law after Brexit, and that is what my amendment 130 760
8:16:45 > 8:16:48achieved.I thank the honourable lady for giving way. Does she agree
8:16:48 > 8:16:53with me that one aspect of the legal certainty which it is, I think, with
8:16:53 > 8:17:00the government considering is that, as our relationship with the EU
8:17:00 > 8:17:02evolves, we don't really want our judges having to make decisions
8:17:02 > 8:17:10which may affect commercial policy or, indeed, our diplomatic policy
8:17:10 > 8:17:17towards the European Union?What my amendments seek is that, when
8:17:17 > 8:17:24interpreting retained EU law, after exit day, a court or tribunal shall
8:17:24 > 8:17:26pay due regard to any relevant decision of the European court. The
8:17:26 > 8:17:32minister questioned the phrase due regard. It's not a phrase unknown to
8:17:32 > 8:17:39international law. In the Lugano Convention on mutual recognition of
8:17:39 > 8:17:43enforcement of judgments, to which both EU and non-EU states are
8:17:43 > 8:17:48signatories, it talks about paying due account. I followed the
8:17:48 > 8:17:50organisation co justice's recommendation that it is clearer
8:17:50 > 8:17:59and better English to say hey cleared due regard. We have a
8:17:59 > 8:18:02responsible is to take account of the decisions of the court of
8:18:02 > 8:18:09justice, so it isn't a phrase unknown. This isn't a Trojan horse,
8:18:09 > 8:18:12designed to continue references after Brexit, and I say that
8:18:12 > 8:18:18somebody who doesn't Brexit to happen. What is this designed to do?
8:18:18 > 8:18:22To create certainty for individuals and businesses, for litigants, and
8:18:22 > 8:18:28also for the Jewish week. My amendment leaves open to British
8:18:28 > 8:18:32courts to disagree with the court of justice's interpretation. -- also
8:18:32 > 8:18:37for the judiciary. What the government's current craft does is
8:18:37 > 8:18:43to give an unfettered, politically controversial discretion to consider
8:18:43 > 8:18:48what ignore court of justice decisions, as our courts see fit. I
8:18:48 > 8:18:53would say that their three advantages to the tests set out in
8:18:53 > 8:18:59my amendment. First, it creates legal certainty for individuals and
8:18:59 > 8:19:02businesses. Second, it provides political cover for the courts.
8:19:02 > 8:19:07Third, it seems to fit with the preference of the judiciary, who
8:19:07 > 8:19:13want clear instruction. In recent evidence to the House of Lords
8:19:13 > 8:19:17Constitution committee, the new president of the Supreme Court said,
8:19:17 > 8:19:20it should be made plain in statute what authority or lack of authority
8:19:20 > 8:19:26or weight is to be given to the decisions of the court of justice of
8:19:26 > 8:19:33the European Union after we have lacked, in relation to matters which
8:19:33 > 8:19:36arose before we left and, more importantly, to this after we leave.
8:19:36 > 8:19:39That is not something which we, the judges, would like to have to make
8:19:39 > 8:19:45up for ourselves. Obviously, because it is very much a political
8:19:45 > 8:19:48question, and we would like statute to tell us the answer. In my
8:19:48 > 8:19:54submission, statute does tell the judges the answer, and that isn't
8:19:54 > 8:19:57just my view. The Institute for Government looked at various options
8:19:57 > 8:20:00and concluded that the wording I am not proposing would license courts
8:20:00 > 8:20:08in the UK to refer to the court of justice reasoning in future judgment
8:20:08 > 8:20:13and, by making those judgments binding... I will just finished my
8:20:13 > 8:20:18point and then I will give way. The Institute for Government looked at
8:20:18 > 8:20:20various options and they concluded that the wording which I am
8:20:20 > 8:20:26proposing would allow courts in the United Kingdom to refer to the court
8:20:26 > 8:20:31of justice's reasoning in future judgments are without making those
8:20:31 > 8:20:35judgments on the UK courts. The Institute for Government took the
8:20:35 > 8:20:38view that this approach is compatible with the objectives set
8:20:38 > 8:20:42out in the government White Paper on Brexit and the Repeal Bill.I wanted
8:20:42 > 8:20:51to refer to the chapter 12 of the book by Lord Bingham on the rule of
8:20:51 > 8:20:55law, and I'm sure the honourable lady is aware of it, where he
8:20:55 > 8:20:59criticised lady Hale for her view about the relationship between
8:20:59 > 8:21:05Parliament and the judges. Is she aware of that?I am familiar with
8:21:05 > 8:21:08that book, but I don't think it has any relevance to what I'm saying at
8:21:08 > 8:21:15the moment. My point at the moment... I think the point that
8:21:15 > 8:21:17Lady Hale, who is the present president of the Supreme Court of
8:21:17 > 8:21:22the UK, the point she was making is that she and her fellow judges
8:21:22 > 8:21:27require from the government and from this house clarity in the directions
8:21:27 > 8:21:34as to how they are to treat the future jurisprudence of the court of
8:21:34 > 8:21:36justice of the European Union because, if the guidance isn't
8:21:36 > 8:21:39clear, they will come under the sort of political attack which I'm sure
8:21:39 > 8:21:44the honourable gentleman, is a great supporter of the British
8:21:44 > 8:21:53constitution, would have poor, as I do. -- would abhore. What I'm saying
8:21:53 > 8:21:56is that this amendment isn't a Trojan horse. It is an amendment
8:21:56 > 8:22:01which comes from careful consideration and out of careful
8:22:01 > 8:22:04consideration by the organisation Justice and the Institute for
8:22:04 > 8:22:09Government, and it has the support of the TUC and the Labour Party and
8:22:09 > 8:22:12also the equality and human rights commission and the Fawcett Society.
8:22:12 > 8:22:16One of the minutes that the equality and human rights commission are so
8:22:16 > 8:22:20keen on this amendment is that it is also important from the point of
8:22:20 > 8:22:24view of rights protections, because it's important to remember that EU
8:22:24 > 8:22:28law is largely about the rights of individuals. The government position
8:22:28 > 8:22:31paper published in the summer seemed to imagine EU law is all about
8:22:31 > 8:22:36disputes between the UK and the EU, but it isn't. Most people who make
8:22:36 > 8:22:39reference to the court of justice do so in the determination of their
8:22:39 > 8:22:45individual rights or their lights Daly rights as a business.I'm
8:22:45 > 8:22:49listening with great care to the honourable lady, and she will agree
8:22:49 > 8:22:55with me that references to the court of justice are made by the courts to
8:22:55 > 8:22:59interpret a particular provision of EU law, rather than individuals.
8:22:59 > 8:23:02That is an important difference here, I think, that I'm sure she
8:23:02 > 8:23:06will agree with.Important to correct my bad use of language
8:23:06 > 8:23:11there. My point is that the majority of references made to the court of
8:23:11 > 8:23:15justice are made as a result of litigation is between individuals or
8:23:15 > 8:23:19businesses determining their respective rights, rather than, as
8:23:19 > 8:23:23the government paper suggested in the summer, between the UK and the
8:23:23 > 8:23:28EU. That isn't my view. That was the evidence of Professor Sir David
8:23:28 > 8:23:31Edward, who gave evidence to the Scottish Parliament earlier this
8:23:31 > 8:23:35year, in September, about this, and he was very keen to impress upon
8:23:35 > 8:23:38people that that is what EU law is about, the determination of
8:23:38 > 8:23:42individuals' rights.
8:23:42 > 8:23:46That interchange is quite correct, but does she not also accept that
8:23:46 > 8:23:50the process of making those judgments is where the European
8:23:50 > 8:23:53Court of Justice has widened the interpretation of the treaty is
8:23:53 > 8:23:59using individual cases that was sent for them for clarification?That's
8:23:59 > 8:24:05what courts do. That's what modern courts do! If the honourable
8:24:05 > 8:24:10gentleman cared to study the jurisprudence of the Supreme Court
8:24:10 > 8:24:13of the United States, Australia, New Zealand, he would find out that's
8:24:13 > 8:24:18what courts in adversarial jurisdictions do. I sometimes
8:24:18 > 8:24:21wonder, Mr J, if the real objection of the honourable gentleman and
8:24:21 > 8:24:25those of his kind on the benches opposite is not to the European
8:24:25 > 8:24:34Union, but to the very idea of courts and the rule of law itself.
8:24:34 > 8:24:41My point is this, as well as creating legal certainty and
8:24:41 > 8:24:46protecting the judiciary, amendment 137 is also important for protecting
8:24:46 > 8:24:50the rights of individuals, because if we don't pay in the future, if
8:24:50 > 8:24:54our courts in the UK don't in the future pay due regards to the
8:24:54 > 8:25:00decisions of the Court of Justice, even after exit, then there will be
8:25:00 > 8:25:03no provision to ensure or even encourage that rights in the United
8:25:03 > 8:25:09Kingdom keep pace with EU rights after Brexit. This could lead to
8:25:09 > 8:25:11domestically upheld rights lagging behind international standards,
8:25:11 > 8:25:19which I am sure we would want to avoid.Would she agree with me that
8:25:19 > 8:25:25we have already seen examples of a denigration of our rights,
8:25:25 > 8:25:30particularly in aspects of the trade union Bill. And without that safety
8:25:30 > 8:25:34net, shall we say, of the ECG, there is a further risk of those rights
8:25:34 > 8:25:41being degraded.I agree with my above them. That's probably why the
8:25:41 > 8:25:48Trade Union Congress are supporting my amendment. To keep rights up to
8:25:48 > 8:25:50similar international standards is particularly desirable in areas that
8:25:50 > 8:25:56are required to be of reciprocity such as consumer rights,
8:25:56 > 8:26:03environmental standards. The right Honourable member for Leith Central
8:26:03 > 8:26:07has heard much evidence recently about the importance of preserving
8:26:07 > 8:26:13rights protections after Brexit. EU case law has had an important impact
8:26:13 > 8:26:20on equality rights in the UK. My amendment seeks to ensure that
8:26:20 > 8:26:24British courts will continue to pay due regard to that jurisprudence as
8:26:24 > 8:26:29our Lord develops in the future. I urge all honourable members
8:26:29 > 8:26:36opposite, as well as on these benches, to give amendment 137 their
8:26:36 > 8:26:39support in the interests of achieving legal certainty,
8:26:39 > 8:26:43protecting the rule of law, protecting the judiciary from
8:26:43 > 8:26:46political attacks, and also protecting the rights of all our
8:26:46 > 8:26:52constituents. I will now turn to the amendments about a pending cases.
8:26:52 > 8:26:56These are amendments 202 and 203, which I'm grateful to the Law
8:26:56 > 8:27:01Society of Scotland for drafting. There is nothing on the face of the
8:27:01 > 8:27:06bill at the moment to say what's to happen to litigation pending at the
8:27:06 > 8:27:11time of exit day. There just isn't anything, or if there is, I'm sure a
8:27:11 > 8:27:16government minister will point to later. As the Right Honourable
8:27:16 > 8:27:20member for Chesham and Amersham said earlier, this is all about
8:27:20 > 8:27:25legitimate expectations. As I said when I intervened on her, if the
8:27:25 > 8:27:32government doesn't move too, on the face of this bill, protect from
8:27:32 > 8:27:35legitimate expectations of litigants, it can provide expect
8:27:35 > 8:27:42litigation against it because of its failure to provide an effective
8:27:42 > 8:27:47remedy. If there was to be a single cut off day on exit day, and if no
8:27:47 > 8:27:52consideration was to be given for pending cases, then that is
8:27:52 > 8:27:54objectionable on the grounds of retrospective at it, as other
8:27:54 > 8:28:03Honourable members have said previously this afternoon. This sort
8:28:03 > 8:28:10of situation is not without precedent. There is a precedent in
8:28:10 > 8:28:14the way the transition from Privy Council to the New Zealand Supreme
8:28:14 > 8:28:18Court was dealt with, and I urge the government to look at that. I also
8:28:18 > 8:28:21urge all Honourable members to look carefully at the amendments designed
8:28:21 > 8:28:27to protect impending cases and impending litigation at exit day.
8:28:27 > 8:28:36Thank you, Mr chair.Iain Duncan Smith.I rise only briefly for an
8:28:36 > 8:28:40intervention. I haven't written about any amendments. I want to
8:28:40 > 8:28:44comment on one set of amendments and then a point about the drafting of
8:28:44 > 8:28:48this particular clause. Firstly I want to say that for me this is the
8:28:48 > 8:28:51most important, and for many of my colleagues, the most important
8:28:51 > 8:28:57section of the whole of this bill. Because a clear definition of being
8:28:57 > 8:29:02in or out of the European Union ultimately comes down to the Court
8:29:02 > 8:29:07of Justice's ability to change the laws in the United Kingdom by direct
8:29:07 > 8:29:13reference as a result of the clash with European law. For some time, 25
8:29:13 > 8:29:16years ago, I stood almost in the same place during the Maastricht
8:29:16 > 8:29:21Treaty and I made the point that the Court of Justice was a court that
8:29:21 > 8:29:26was more political than courts in the UK would be, even by
8:29:26 > 8:29:30appointment, and by the reality of the nature of its judgment. Judicial
8:29:30 > 8:29:35activism is a process that has come directly from the Court of justice.
8:29:35 > 8:29:39That has eventually percolated into the UK courts, but to a much lesser
8:29:39 > 8:29:43extent. The point I made a minute ago was that it was through those
8:29:43 > 8:29:47judgments that they have widened the perspective on the concept of where
8:29:47 > 8:29:53the commission is able to rule. A good example of that is through
8:29:53 > 8:29:56court reference, whole area is to do with social security were widened
8:29:56 > 8:30:00dramatically that were never in the original treaties. Rulings have been
8:30:00 > 8:30:04made about the application of social security payments to individuals
8:30:04 > 8:30:08from other countries that were never referenced in the original treaties.
8:30:08 > 8:30:13It's a good point about how powerful that court is, that is key. The
8:30:13 > 8:30:19second element I want to make on this, why this is so critical is
8:30:19 > 8:30:23that after the referendum, the servant for social justice and
8:30:23 > 8:30:28others did polling on the public on why they supported the vote to leave
8:30:28 > 8:30:33the European Union. The single most powerful reason was to take back
8:30:33 > 8:30:38control of our laws. More than money, and more to do with
8:30:38 > 8:30:43migration. It surprised me slightly because I thought it was an esoteric
8:30:43 > 8:30:46point for most members of the public, but they thought it was the
8:30:46 > 8:30:49most powerful reason why they supported it. Some said even if it
8:30:49 > 8:30:54meant they would be worse off for a period, they would consider this
8:30:54 > 8:30:58still to be the overriding principle of why they voted to take back
8:30:58 > 8:31:03control and voted to leave the European Union. So with that is the
8:31:03 > 8:31:08key to this, I want to make a reference, I think the government is
8:31:08 > 8:31:11absolutely rights to drive for this, and it's absolutely right for the
8:31:11 > 8:31:16government to make it clear that on the day we leave the European Court
8:31:16 > 8:31:19of Justice will seek to have an effect on the United Kingdom
8:31:19 > 8:31:23directly. I want to come back to some of the drafting on this as to
8:31:23 > 8:31:30how long it goes on for and come back to some principles. Some of the
8:31:30 > 8:31:33amendments, the honourable gentleman for Nottingham East is not here at
8:31:33 > 8:31:38the moment. I want to reference his new clause. I also want to make a
8:31:38 > 8:31:43reference to amendments 278 on the opposition side. Why I do think in
8:31:43 > 8:31:47line with my right honourable friend's earlier statement, this
8:31:47 > 8:31:51would be wrong to try to put these on the face of this bill. The simple
8:31:51 > 8:31:54principle that lies in this bill, and now the government has accepted
8:31:54 > 8:31:57it will have primary legislation is with regards to whatever the
8:31:57 > 8:32:02agreement is, or lack of agreement, but the agreement as we leave the
8:32:02 > 8:32:05European Union with regards to trade arrangements and other arrangements
8:32:05 > 8:32:10as well, the reason why these two areas, the clause and the amendment
8:32:10 > 8:32:15are run, it's because they would seek to bind the hand of the
8:32:15 > 8:32:17government as they sought to negotiate. That is not the purpose
8:32:17 > 8:32:24of this. To give an example, the Secretary of State for leaving the
8:32:24 > 8:32:28European Union, not so long ago made very clear point that it was his
8:32:28 > 8:32:32view that during the course of the implementation period, hopefully at
8:32:32 > 8:32:38the beginning, we would hope to have those elements of the eventual
8:32:38 > 8:32:44agreement in place. One of the areas of those would be a process of
8:32:44 > 8:32:50arbitration that would be between the UK and the EU. If that was
8:32:50 > 8:32:53agreed and was part of the process, and then became part of the
8:32:53 > 8:32:59fermentation period, then these new clause and this amendment would stop
8:32:59 > 8:33:02our ability to be able to make that arrangement, because they would be
8:33:02 > 8:33:07bound into law and we would not be allowed to go into the fermentation
8:33:07 > 8:33:11period with these arrangements. It would immediately knocked out any
8:33:11 > 8:33:14opportunity we have to accelerate the process of where we would
8:33:14 > 8:33:18eventually be by getting into the fermentation period and apply the
8:33:18 > 8:33:25arbitration process between the UK and EU in those areas of
8:33:25 > 8:33:28disagreement between areas of law and other interpretations. That's
8:33:28 > 8:33:32why these are wrong and would actually be damaging to the
8:33:32 > 8:33:35prospects of the negotiations that are likely to take place. I will
8:33:35 > 8:33:42give way to the Honourable Lady.I asked a couple of days ago about
8:33:42 > 8:33:51this idea about arbitration court, and I would be grateful if the
8:33:51 > 8:33:56Honourable member, now he is here himself, could clarify, how this
8:33:56 > 8:34:00arbitration court would be different for the ordinary people in the
8:34:00 > 8:34:06street from what currently the ECJ is doing. The whole process of
8:34:06 > 8:34:15arbitration is a natural process Leahwhere they can agree to an
8:34:15 > 8:34:18arbitration process where there are clashes over what they have agreed.
8:34:18 > 8:34:22That is standard practice and is in pretty much every single free trade
8:34:22 > 8:34:26arrangement. If we seek a free trade arrangement, the way to have that
8:34:26 > 8:34:30governed is through that arbitration process where differences, where you
8:34:30 > 8:34:33can't agreed between the two of you, they are taken to the arbitration
8:34:33 > 8:34:37process for a final process of examination and thus some kind of
8:34:37 > 8:34:43judgment about it. That is not from a court of justice sitting in the
8:34:43 > 8:34:47European Union, zero from a UK court. It would be out with both of
8:34:47 > 8:34:57those, but in the agreement. The point I am making is that if it was
8:34:57 > 8:34:59agreed within a free-trade arrangement, it's something you
8:34:59 > 8:35:03would want to start as soon as possible, because if there is an
8:35:03 > 8:35:06implementation period, you would want to start implementing what you
8:35:06 > 8:35:10have agreed as soon as possible. I think she needs to look up most of
8:35:10 > 8:35:15the other trade arrangements to see what I am saying. I want to come on
8:35:15 > 8:35:19that basis, so we give the greatest flexibility to the government. It's
8:35:19 > 8:35:23absolutely critical that as we leave, we leave the court of justice
8:35:23 > 8:35:29in that sense. I want to come now to some of the arrangements that exist
8:35:29 > 8:35:38within this new clause from within clause six. I think my Honourable
8:35:38 > 8:35:41friends on the front bench that there is a certain confusion over
8:35:41 > 8:35:45whether courts are meant to reference for the Court of Justice
8:35:45 > 8:35:49both in its previous judgments, I think. It has already been Raised By
8:35:49 > 8:35:52Wolves my right honourable friends and also by The Right Honourable
8:35:52 > 8:35:55gentleman, my right honourable friend for Beaconsfield, there
8:35:55 > 8:36:01remains a confusion in here going forward as to whether courts will
8:36:01 > 8:36:04consider, they reference judgments from the Court of Justice, both past
8:36:04 > 8:36:11and existing. I come back to the point of clause six, subsection two,
8:36:11 > 8:36:16where they are told not to have regard to anything. Later on it goes
8:36:16 > 8:36:21on to modify that quite a lot. I am particularly concerned, and it has
8:36:21 > 8:36:24been raised elsewhere, but I am particularly concerned by the
8:36:24 > 8:36:30definition here where it comes down to retain EU case law means any
8:36:30 > 8:36:33principles laid down by and any decisions of the European Court that
8:36:33 > 8:36:38has the effect in EU law immediately before exit day, in so far as
8:36:38 > 8:36:43they... They go on to reference exactly how that will work. My point
8:36:43 > 8:36:46is, these principles themselves will be modified by the Court of Justice
8:36:46 > 8:36:52as they go forward. As they are modified, my question is, at what
8:36:52 > 8:36:59point will UK courts consider that those principles are no longer
8:36:59 > 8:37:04relevant to their judgments as they reference them? I don't expect an
8:37:04 > 8:37:09answer right now, but I hope that as we go forward this area that has
8:37:09 > 8:37:15been referenced, and the point has been made that it is unclear for
8:37:15 > 8:37:17them to know how strong the reference should be and whether or
8:37:17 > 8:37:23not they should reference it or take regard to it or not. This pointers
8:37:23 > 8:37:26to the principles that exist, I think is the more powerful point,
8:37:26 > 8:37:30which is I have no idea when that cut-off comes, or if it ever comes,
8:37:30 > 8:37:36and if we will ever break free, as it were, from continuation, from
8:37:36 > 8:37:45continuing judgments and changes to those principles. I will give way.
8:37:45 > 8:37:48My right honourable friend makes an important point. My own concern
8:37:48 > 8:37:53about this is not in some way retaining EU law but a question of
8:37:53 > 8:37:57getting some clarity, and certainly that isn't here. The government
8:37:57 > 8:38:00doesn't seem to be very concerned about this, and yet the judiciary
8:38:00 > 8:38:09plainly is. I think that's a matter which this house can't ignore.I
8:38:09 > 8:38:13agree with my honourable and learn it. I think it is important that,
8:38:13 > 8:38:19during the course of this debate and others, we have an opportunity to
8:38:19 > 8:38:22return to this with clause five further on. I hope that my
8:38:22 > 8:38:26honourable and right honourable friend 's will take due regard to
8:38:26 > 8:38:29this issue, and the courts have already said that they are unclear
8:38:29 > 8:38:34and they want that clarity. It isn't always usual for courts to come back
8:38:34 > 8:38:38and say they want us to decide, but they really do on this, so going
8:38:38 > 8:38:41forward there has to be a point at which they understand that they
8:38:41 > 8:38:44don't have to have regard to any change in those principles and so
8:38:44 > 8:38:49on. I urge my honourable and right honourable friend 's to make that
8:38:49 > 8:38:54point very clear in the course of this process we are going through,
8:38:54 > 8:38:58and I look forward to when they come back. I think my right honourable
8:38:58 > 8:39:02friend said he was going to return to this under the sections
8:39:02 > 8:39:06concerning clause five, and therefore I would certainly
8:39:06 > 8:39:08appreciate it. In conclusion, because I know that others want to
8:39:08 > 8:39:13speak, I applaud and support the government in bringing forward this
8:39:13 > 8:39:18area of the bill. This is singlet, for me, and I think for most of our
8:39:18 > 8:39:22colleagues, the most important element. We can debate money and all
8:39:22 > 8:39:27of these other areas but, when it comes to who ultimately decides on
8:39:27 > 8:39:31our laws, that is the key element to anything to do with the vote to
8:39:31 > 8:39:34leave. As I made the point earlier, but I conclude by making it, the
8:39:34 > 8:39:41British public voted the single area they voted most on was to take back
8:39:41 > 8:39:44control of their laws, but I want that to happen as we leave the
8:39:44 > 8:39:56European Union.Thank you, Mr Crosby. I am very pleased to follow
8:39:56 > 8:39:58the honourable member for Chingford, because the remarks he was making
8:39:58 > 8:40:04about new arbitration system relate very much to the points which I wish
8:40:04 > 8:40:11to address. When I am looking at the bill, my overriding perspective and
8:40:11 > 8:40:16concern is to consider what is the impact going to be on the economic
8:40:16 > 8:40:21well-being of my constituents. Honourable members know that the
8:40:21 > 8:40:28north-east is a very successful exporting region, and part of the
8:40:28 > 8:40:31reason we have been so successful in exporting is because we've had a
8:40:31 > 8:40:38stable legal framework over the last 40 years. The purpose of the bill is
8:40:38 > 8:40:46evidently to provide for continuing legal certainty, but it does seem to
8:40:46 > 8:40:50me that the combination of the government's proposal offsetting the
8:40:50 > 8:40:57exit date before the transition period is over, and their red line
8:40:57 > 8:41:01on the ECJ, it seems that that is going to have the rather remarkable
8:41:01 > 8:41:07effect of minimising the flexibility for negotiation and maximising the
8:41:07 > 8:41:15legal uncertainty. I wish very much to support the amendments 278 and
8:41:15 > 8:41:20306, moved by my honourable friend, the member for Sheffield Central,
8:41:20 > 8:41:24and new clause 14, moved by my honourable friend, the member for
8:41:24 > 8:41:27Nottingham East. Earlier this afternoon, I asked the other
8:41:27 > 8:41:34minister in the Brexit department if the repeal of the 1972 act is before
8:41:34 > 8:41:37the end of the transition or implementation period, what will be
8:41:37 > 8:41:40the legal basis of our relations with the European Union in that
8:41:40 > 8:41:53period, and of the 57 free-trade agreements which were negotiated by
8:41:53 > 8:41:55the European Union with third countries? He said, don't worry, all
8:41:55 > 8:42:03be set out in the next bill, which we get, perhaps in a year's time,
8:42:03 > 8:42:08perhaps in 18 months. I am sorry to say that I don't find that very
8:42:08 > 8:42:12reassuring and I don't find it very reassuring because I am very
8:42:12 > 8:42:17conscious of what it is that businesses are calling for. They are
8:42:17 > 8:42:23calling for an element of legal certainty about the transitional
8:42:23 > 8:42:30period as soon as possible. And they are waiting -- and waiting for
8:42:30 > 8:42:32another 12 or 18 months doesn't give them that legal certainty, and the
8:42:32 > 8:42:41problem with that is that they can continue to close plants and divest,
8:42:41 > 8:42:45and we are already beginning to see this. Frequently, it's not happening
8:42:45 > 8:42:51with big flags are people saying, this is about Brexit, but it does
8:42:51 > 8:42:59seem to be happening rather too often.I am grateful to my
8:42:59 > 8:43:03honourable friend. Doesn't she find it extraordinary that, from the
8:43:03 > 8:43:07benches opposite, including from the Treasury bench at the dispatch box,
8:43:07 > 8:43:11so many members of the party opposite have deviated from the
8:43:11 > 8:43:15position set out clearly by the pro-minister in her foreign speech,
8:43:15 > 8:43:18where she said, for the limitation period, transition period in
8:43:18 > 8:43:22everybody else's terms, during that period, the existing structure of EU
8:43:22 > 8:43:29laws and relations would be in place to provide certainty.My honourable
8:43:29 > 8:43:33friend is absolutely right, and the problem that we have is this
8:43:33 > 8:43:36distance between what the structure of the rules, the content of the
8:43:36 > 8:43:40rules is going to be, and the enforceability. I want to stress
8:43:40 > 8:43:48this point about the impact on exporters. In the description of how
8:43:48 > 8:43:54the transition period and the future might pan out from the Minister half
8:43:54 > 8:44:00an hour ago, there seemed to be no acknowledgement that some of these
8:44:00 > 8:44:07disputes and rights that citizens will be claiming whether it's under
8:44:07 > 8:44:11competition law or whether it's the single market, will be citizens in
8:44:11 > 8:44:16this country making claims against citizens in the other European
8:44:16 > 8:44:21countries, or the other 57 third-party countries. So, in order
8:44:21 > 8:44:29to export, these countries need to have more certainty about, for
8:44:29 > 8:44:33example, their data protection. We are going to come onto that another
8:44:33 > 8:44:39day. They need more certainty, particularly the services, about
8:44:39 > 8:44:42professional recognition, about licensing, about passport in and, if
8:44:42 > 8:44:45the rights they have are not enforceable, it seems to me that
8:44:45 > 8:44:51they are losing that certainty. So, at the moment, what we have is a
8:44:51 > 8:44:55situation where half the exports of this country go to the European
8:44:55 > 8:45:02Union. The next 30% go to the other 57 countries where it the European
8:45:02 > 8:45:09Union that is negotiating -- that has negotiated and meet the legal
8:45:09 > 8:45:13framework. We are talking about 80% of this country's trade, and this
8:45:13 > 8:45:18government isn't able to tell us what the legally enforceable base
8:45:18 > 8:45:24will be during the transition period. This is where I come to the
8:45:24 > 8:45:27remarks made by the right honourable member for Chingford Ed Woodward
8:45:27 > 8:45:31green, because he said, well, it would be very nice if we could have
8:45:31 > 8:45:37some new arbitration system. I'm sorry, that doesn't seem to be on
8:45:37 > 8:45:41offer from the other side. At the moment, there are three
8:45:41 > 8:45:48possibilities. One possibility is continuing with the ECJ. The
8:45:48 > 8:45:55government setting its face against that. Another possibility would be
8:45:55 > 8:46:00to join the EEA. The government has set its face against that. The third
8:46:00 > 8:46:02possibility is to crash out. The option of the bespoke arbitration
8:46:02 > 8:46:08system with the European Union does seem to be something which it will
8:46:08 > 8:46:13be extremely difficult to negotiate in the 15 months which we have left
8:46:13 > 8:46:21before the transition period begins. With so many judiciary, businesses,
8:46:21 > 8:46:26the law society talking about the uncertainty that comes from clause
8:46:26 > 8:46:31six, would she not agree with me that it's very challenging to
8:46:31 > 8:46:36believe the government that this will be all right on the night, when
8:46:36 > 8:46:43alternative dispute mechanisms would need to be created, designed,
8:46:43 > 8:46:48drafted, legislated for and in place before we leave the EU customermy
8:46:48 > 8:46:52honourable friend is absolutely right, and it's not just one
8:46:52 > 8:46:57alternative system, it's 58. It is one with the EU and another 57 with
8:46:57 > 8:47:03everybody else. This is not really going to happen, and ministers need
8:47:03 > 8:47:06to get their heads around the fact that they've got some hard choices
8:47:06 > 8:47:10to make, and be straight with their own backbenches and the public about
8:47:10 > 8:47:18what the real choices are. It seems to me that the government is being
8:47:18 > 8:47:23irresponsible not to be wanting to repeal the 1972 act, which is the
8:47:23 > 8:47:26basis, and to set the date for that at the beginning of the transition
8:47:26 > 8:47:30period, before they can tell us how they are going to handle this
8:47:30 > 8:47:37transition period. So, it would be great if we could have a proper
8:47:37 > 8:47:41explanation from them. We haven't yet tried that. In other words, the
8:47:41 > 8:47:46very thing that ministers are saying, that the whole purpose of
8:47:46 > 8:47:54the bill is driving act, namely, legal certainty, they cannot tell us
8:47:54 > 8:48:00what the legal position is going to be in 18 months' time. This bill is
8:48:00 > 8:48:06really flawed and I really urge the Minister 's opposite to look
8:48:06 > 8:48:09constructively at the amendments which have been put forward by the
8:48:09 > 8:48:20opposition front bench.Can I say at the beginning that I approach this
8:48:20 > 8:48:24bill in exactly the same spirit as my right honourable and learn it
8:48:24 > 8:48:27friend the member for Beaconsfield meet in his interventions earlier
8:48:27 > 8:48:33and in the part of this debate. However much I think we have harmed
8:48:33 > 8:48:38ourselves by this decision to leave the EU, we have to make sure that we
8:48:38 > 8:48:42deliver it in an orderly fashion. That's critical in the legal area
8:48:42 > 8:48:46and in the business area. The City of London is the financial heart of
8:48:46 > 8:48:53the whole of Europe. We to stay that way. For it to do so, it requires
8:48:53 > 8:49:00legal continuity and certainty. Now, I accept that the bill seeks to do
8:49:00 > 8:49:05this. I don't have a problem with the intentions of the bill at all.
8:49:05 > 8:49:09But it is worth just stressing the importance of that and therefore the
8:49:09 > 8:49:17importance of the detail. If we bear in mind that this in itself involves
8:49:17 > 8:49:19transactions being processed every day through London to a value which
8:49:19 > 8:49:28exceeds our annual contribution to the EU by a significant sum,
8:49:28 > 8:49:30significantly exceeds any likely divorce bill figure that has been
8:49:30 > 8:49:36bandied about, again by significant measure. The fact that we are the
8:49:36 > 8:49:41basis for the Eurobond market, that we clear a great deal of Euro
8:49:41 > 8:49:47business, generates and supports thousands of jobs. In my
8:49:47 > 8:49:53constituency, some 36% of the population are employed in financial
8:49:53 > 8:49:56and personal services. I'm not going to do anything that puts their jobs
8:49:56 > 8:50:02at risk or reduces their standard of living. Those who voted to leave did
8:50:02 > 8:50:07not vote to make ourselves poorer for a bit of ideology. What we have
8:50:07 > 8:50:11to do is find a practical means forward to make sure that we have is
8:50:11 > 8:50:16the chairman of the City of London's policy resources to MIDI put it, an
8:50:16 > 8:50:22orderly Brexit as opposed to a disorderly one. -- policy resources
8:50:22 > 8:50:32committee put it. So does it is assist with that? Up to a point, but
8:50:32 > 8:50:35my contention is that it only goes so far and there are a number of
8:50:35 > 8:50:39areas where it is lacking, which is why this area we are debating in
8:50:39 > 8:50:48this set of amendments tonight is precisely one of them. The
8:50:48 > 8:50:53incorporation of this into UK domestic law is except it already is
8:50:53 > 8:50:55necessary, but the debate has highlighted significant areas where
8:50:55 > 8:51:00there is uncertainty still and where the wording at the moment may not
8:51:00 > 8:51:06achieved its objective. I want to seek a deal on the basis of the
8:51:06 > 8:51:09Florence speech, and I hope everybody on my side of the house
8:51:09 > 8:51:13will stand behind the Florence speech and not attempt to rewrite,
8:51:13 > 8:51:18to refine, to add to it or twos abstract from it. If we do that in a
8:51:18 > 8:51:21constructive way, I think we can make constructive process but I'm
8:51:21 > 8:51:24sure that the ministers on the shadow bench wish to have that, too.
8:51:24 > 8:51:33To do that, that we give the courts and contracting parties the
8:51:33 > 8:51:37certainty they need. The final example I give that is that
8:51:37 > 8:51:41derivative contracts are generally over a three to five-year period.
8:51:41 > 8:51:44Unless there is certainty about the impossibility of people will not
8:51:44 > 8:51:50contract with counterparties in the EU if they are not certain they can
8:51:50 > 8:51:53enforce their contracts at the end. Crashing out without a deal would
8:51:53 > 8:51:58not give them that certainty, any more than going to WTO terms would
8:51:58 > 8:52:03give the services any certainty. It would not give the London legal
8:52:03 > 8:52:06services sector any certainty. It would do nothing to address the
8:52:06 > 8:52:09issue of the establishments directive or the recognition of
8:52:09 > 8:52:14professional rights, that enable British lawyers at the moment to
8:52:14 > 8:52:18gain and earn for this country millions of pounds annually in the
8:52:18 > 8:52:24work that they sell into the EU. All of those things need to be done. I
8:52:24 > 8:52:29doubt that we can get the detail done by the end of March 2019, and
8:52:29 > 8:52:34that is why a significant and proper condition where we can work out the
8:52:34 > 8:52:38details is absolutely necessary. Let's make sure that we enable the
8:52:38 > 8:52:41bill to achieve that with some additions and changes to what is
8:52:41 > 8:52:46there. I will give way.I thank the honourable gentleman. He has rightly
8:52:46 > 8:52:51pointed out that a transition deal as being required. He has pointed
8:52:51 > 8:52:54out that the Prime Minister's Florence speech said that that will
8:52:54 > 8:52:58be on the basis of the jurisdiction of the European Court of Justice and
8:52:58 > 8:53:04EU institutions have said it needs to be on the basis of the ECJ. With
8:53:04 > 8:53:07that remarkable degree of alignment between the British government and
8:53:07 > 8:53:10the EU, shouldn't we get the government to confirm once and for
8:53:10 > 8:53:17all that the transition deal is on the basis of ECJ jurisdiction?
8:53:17 > 8:53:21I must confess, I don't see the difficulty some people have with the
8:53:21 > 8:53:29jurisdiction of the ECJ for a short period. There has to be an
8:53:29 > 8:53:31arbitration mechanism, I agree it will be difficult to invent one in
8:53:31 > 8:53:37time. There may be alternatives. Since the Justice committee's report
8:53:37 > 8:53:41in the last Parliament pointed out, the sort of involvement in the ECJ
8:53:41 > 8:53:46in these areas is very often extremely limited in the overall
8:53:46 > 8:53:52amount of our jurisprudence in the courts. To see it through the period
8:53:52 > 8:53:57of the transition, I think it would be foolish to rule it out. Moving on
8:53:57 > 8:54:01from that to the specific points here, we need to pick up on said
8:54:01 > 8:54:05areas and we need greater clarity on the interpretation of retained EU
8:54:05 > 8:54:10law. I don't think the bill, with every respect to the ministers on
8:54:10 > 8:54:15the Treasury bench, achieves that in its current form. It can with
8:54:15 > 8:54:21further work, and I think more needs to be done. I will give way.Like
8:54:21 > 8:54:26him I am very keen to see that one of our major industries is looked
8:54:26 > 8:54:32after. Isn't the overwhelming merit of his amendment 's 357 and 358, it
8:54:32 > 8:54:38preserves the government's ability to modify regulations without giving
8:54:38 > 8:54:41certainty on day one, giving us a functional set of rules that can be
8:54:41 > 8:54:44on the statute book, and therefore it will take into account some of
8:54:44 > 8:54:48the cases he was making earlier. The key thing for the financial services
8:54:48 > 8:54:58industry is to have that certainty on day one.That's absolutely right
8:54:58 > 8:55:01and could go. In respect to the Minister and his earlier remarks, I
8:55:01 > 8:55:03don't think the financial services sector will take much comfort from
8:55:03 > 8:55:07the rather high-level dismissal of these proposals that we heard from
8:55:07 > 8:55:10the Minister of State earlier. Let me say why and what these two
8:55:10 > 8:55:15amendments in my name and that of my honourable friend, the member for
8:55:15 > 8:55:20Wimbledon, seek to do. They seek to give a general interpretive tool to
8:55:20 > 8:55:30assist the it doesn't interfere with the existing powers to make
8:55:30 > 8:55:33regulation confirmed by clause seven, but it would reduce the need
8:55:33 > 8:55:39for them. I would have thought it preferable not to have cooperate by
8:55:39 > 8:55:44regulation if you can avoid it. If you have a known and established
8:55:44 > 8:55:48interpretive code, it will save the need to make lots of regulations
8:55:48 > 8:55:53under clause seven. The Minister rightly observes it provides a
8:55:53 > 8:55:57backstop, picking up gaps that are not picked up in the transition
8:55:57 > 8:56:03process. That's what subsections one A and two A of the process would
8:56:03 > 8:56:09achieve. The changes on laws draw upon rules of interpretation, as
8:56:09 > 8:56:11indicated in my intervention earlier, imposed by the
8:56:11 > 8:56:16international regulatory started to regroup. That's a body co-sponsored
8:56:16 > 8:56:21by the City of London Corporation and City of London UK, and I am
8:56:21 > 8:56:25indebted to the remembrances office of the city of incorporation for the
8:56:25 > 8:56:30drafting of these amendments. They take the credit for the ingenuity. I
8:56:30 > 8:56:34will give way.I'm grateful to my Honourable friend. I absolutely take
8:56:34 > 8:56:38the spirit in which these amendments are made and I am grateful to the
8:56:38 > 8:56:42remembrances office. Would he agree with me we need to be courses
8:56:42 > 8:56:45because actually, if he thinks general interpretive approach will
8:56:45 > 8:56:53of itself and thence deficiencies, does the fact remained that we would
8:56:53 > 8:56:57still have two amends deficiencies on the face of legislation even with
8:56:57 > 8:57:04this otherwise helpful looking provision?I'd disagree with the
8:57:04 > 8:57:08Solicitor General about that. But is not an either or scenario, I would
8:57:08 > 8:57:13suggest. I hope you will indicate he is prepared to continue working with
8:57:13 > 8:57:17myself and the authors of these amendments to go forward. He nods
8:57:17 > 8:57:21his assent, and I hope we can find a constructive means of taking this
8:57:21 > 8:57:26on. To make the point as to why this is important, it is this. The first
8:57:26 > 8:57:34of the rules, subsection three AA defines the territorial scope of the
8:57:34 > 8:57:38EU law in the UK. The point of that is that it puts it on the same
8:57:38 > 8:57:41territorial footing as domestic law, and therefore it would assure that
8:57:41 > 8:57:46there is a general principle that retained EU law no longer in able
8:57:46 > 8:57:50required people or businesses in the UK to do or stop doing something in
8:57:50 > 8:57:55an EU country. It's perfectly logical from that point of view. The
8:57:55 > 8:58:00second law would ensure a member state of EU law that has been
8:58:00 > 8:58:03domesticated has been taken post Brexit as a reference to the UK.
8:58:03 > 8:58:07That would ensure domesticated EU law does in fact fully apply in the
8:58:07 > 8:58:11domestic sphere. It removes any ambiguity on that point. That's
8:58:11 > 8:58:18going to be necessary in a large number of instances to avoid the
8:58:18 > 8:58:21situation in which the UK would effectively be treated as a third
8:58:21 > 8:58:27country for the purposes of its own laws where retained EU law is at the
8:58:27 > 8:58:32moment framed by reference to the area of the EU as a whole. That
8:58:32 > 8:58:35would be an absurdity. What we are seeking to do there is removed that
8:58:35 > 8:58:43risk. The third rule, five A, would transfer all the exercise from EU
8:58:43 > 8:58:48bodies to the Secretary of State. I take the Minister's point that not
8:58:48 > 8:58:51all of those will necessarily be exercised by the Secretary of State,
8:58:51 > 8:58:55but he is not prescriptive in that way, legally, I think. We can talk
8:58:55 > 8:59:00about that. We can deal with instances where it is transferred to
8:59:00 > 8:59:04an appropriate Secretary of State, as well as giving a legislative
8:59:04 > 8:59:07backstop to cater for those circumstances where the alternative
8:59:07 > 8:59:11arrangements had not been put in place in time, so there is no cliff
8:59:11 > 8:59:16edge in that regard. The fourth rule deals with the many situations where
8:59:16 > 8:59:21domestic authority is required either outright or as a precondition
8:59:21 > 8:59:25to exercise functions to deal with EU bodies or members within member
8:59:25 > 8:59:30states. In practice that covers for instance cases where the UK body has
8:59:30 > 8:59:38to notify, consult on get permission from the UK body.Is in the
8:59:38 > 8:59:45overwhelming advantage of this rule is that it allows flexibility is
8:59:45 > 8:59:49cooperate, making it more likely we will achieve a regulatory equivalent
8:59:49 > 8:59:54solution more quickly.That's entirely right. It preserves the
8:59:54 > 9:00:00flexibility to cooperate with European partners. Regulatory
9:00:00 > 9:00:04equivalences can be critical to achieve that. It is that in a way
9:00:04 > 9:00:08that doesn't place any inappropriate legal constraints on the UK's on
9:00:08 > 9:00:13operation when we have left. I'm not suggesting every answer to
9:00:13 > 9:00:16everything in these amendments. It is moved in the spirit of wanting to
9:00:16 > 9:00:20work with the government going forward. I think they go a long way
9:00:20 > 9:00:24towards delivering that objective of having a functioning statute book
9:00:24 > 9:00:30there on exit day and in a relatively simple manner. The second
9:00:30 > 9:00:37Amendment, very briefly, it deals with what I think those who worked
9:00:37 > 9:00:44on this perceived as a potential gap concerning the interpretation of
9:00:44 > 9:00:52domesticated EU law. Clause 6.3 preserves the effect of case law
9:00:52 > 9:00:57laid down before exit date. We know law 6.2 provides discretion. We have
9:00:57 > 9:01:00talked about that a lot, taking it into account. I listened with
9:01:00 > 9:01:06interest to the speech of the Honourable and learn it lady on that
9:01:06 > 9:01:11point. I didn't say it provides the answer but it raises serious issues
9:01:11 > 9:01:21that need to be looked at.Just for the sake of clarity, I think you
9:01:21 > 9:01:25will find that in schedule eight, paragraph 25, there is enough scope
9:01:25 > 9:01:29within their four other documents of the type that he refers to to be
9:01:29 > 9:01:33considered by the court. I hope I have given him enough reassurance on
9:01:33 > 9:01:39that point.I am very grateful indeed for the Solicitor General for
9:01:39 > 9:01:49that clarification. He is happy to meet me and discuss that. A
9:01:49 > 9:01:55constructive response and characteristically so. That will
9:01:55 > 9:02:06enable us to deal with things like negotiating text, the sort of thing
9:02:06 > 9:02:11that we can discuss. Why is that important to the international
9:02:11 > 9:02:14regulatory group and while a central to this? If you look at the
9:02:14 > 9:02:19membership of that group, it includes virtually all the
9:02:19 > 9:02:21significant representative institutions of the London financial
9:02:21 > 9:02:26community. The stock exchange, the associated financial markets in
9:02:26 > 9:02:31Europe, Association of British insurers, the British bankers
9:02:31 > 9:02:34Association, the city Corporation, major commercial organisations,
9:02:34 > 9:02:43credit Suisse, Aviva, I Allianz
9:02:43 > 9:02:44major commercial organisations, credit Suisse, Aviva, I Allianz,
9:02:44 > 9:02:47HSBC, Lloyds, it goes through the key underpinnings of the city's
9:02:47 > 9:02:51operation. These are important things to take account of. I'm
9:02:51 > 9:02:54grateful for the Minister's willingness to meet and discuss
9:02:54 > 9:02:59these. In doing that, can I finally also commenced to him and other
9:02:59 > 9:03:03ministers the observation made by my right honourable friend, the member
9:03:03 > 9:03:07for Chesham and Amersham, about the Frankie Bridge cases, it cannot be
9:03:07 > 9:03:10the intention of government that we will remove the opportunity for
9:03:10 > 9:03:16people to seek a remedy to wrongs that have been done prior to our
9:03:16 > 9:03:19departure. It's important we get this right and she raises a critical
9:03:19 > 9:03:27issue. I hope that ministers will observe that the guidance in clause
9:03:27 > 9:03:316.2 is clearly not sufficient to meet the concerns of our senior
9:03:31 > 9:03:41judiciary. They have said as much. When the noble Lord Newberg said
9:03:41 > 9:03:54that the discretion is so wide that it puts ministers at risk of attack.
9:03:54 > 9:03:57Members have praised the quality of our judiciary, and I totally agree
9:03:57 > 9:04:01with that. We ought to listen carefully when they say that we, as
9:04:01 > 9:04:04a matter of protection against malicious attack, as they have seen
9:04:04 > 9:04:10in the past from some elements of the press, they actually looked to
9:04:10 > 9:04:15Parliament to protect their ability to function independently in what
9:04:15 > 9:04:19politicised cases.I am listening with care to my honourable friend,
9:04:19 > 9:04:22but will he accept from me that there is another danger in
9:04:22 > 9:04:27prescribing too many words in this bill that could actually fetter the
9:04:27 > 9:04:30discretion of the court in a way they would find equally
9:04:30 > 9:04:35unacceptable, and that there is a balance to be struck here.There is,
9:04:35 > 9:04:40and that's all the more important, perhaps unusually, that governments
9:04:40 > 9:04:42need to talk quietly with the judiciary to find out exactly what
9:04:42 > 9:04:47they are saying. It can't compromise their independence. Those of us that
9:04:47 > 9:04:51do talk to them and are in touch, want to make sure the government
9:04:51 > 9:04:55understands the root of their concerns, and I'm sure there is a
9:04:55 > 9:04:59constructive way forward on that. I know the Solicitor General will be
9:04:59 > 9:05:03aware of it, but this was referred to in the Justice committee's report
9:05:03 > 9:05:07in the last parliament. I would also draw his attention to the concerns
9:05:07 > 9:05:11raised by the local lord, Lord Thomas, the recently retired Lord
9:05:11 > 9:05:15Chief Justice, in his evidence only a couple of days before he retired
9:05:15 > 9:05:20from that post. They give a pretty clear steer to the sort of thing we
9:05:20 > 9:05:25are looking out for, and various types of language posited. I hope
9:05:25 > 9:05:28the Minister accepts that we need to look further at this. I hope we can
9:05:28 > 9:05:36do that just constructively as we take the bill forward.Many of my
9:05:36 > 9:05:42constituents and businesses in my constituency have raised the
9:05:42 > 9:05:46importance of transition periods. The UK transition will inevitably
9:05:46 > 9:05:49bring with it changes to the way goods and services are traded
9:05:49 > 9:05:54between the UK and the EU. While businesses on both sides are
9:05:54 > 9:05:58beginning to anticipate and plan for change, the scope and nature of
9:05:58 > 9:06:02these changes are as yet unclear. This could range from a moderate
9:06:02 > 9:06:07disruption to a significant one in current rights and freedoms. This
9:06:07 > 9:06:11issue goes far beyond banking and impacts any business that sells
9:06:11 > 9:06:16goods and services between the UK and EU. The negotiation of a new
9:06:16 > 9:06:20future relationship is a separate process from Article 50 negotiations
9:06:20 > 9:06:24and at present there is no indication that a new long-term
9:06:24 > 9:06:29agreement on trade and services will be in place at the point of exit.
9:06:29 > 9:06:34Businesses in the UK and EU face three unknowns. What a future looks
9:06:34 > 9:06:37like, when that arrangement will be in place, and what will happen in
9:06:37 > 9:06:41the period between the end of the current EU framework and the future
9:06:41 > 9:06:47framework? This is why transition arrangements are integral to avoid a
9:06:47 > 9:06:53damaging cliff edge effect at the point of exit. Businesses, customers
9:06:53 > 9:06:58and their regulators will need time to adapt and settle into a new
9:06:58 > 9:07:02framework, a transition period would reduce the risk of businesses making
9:07:02 > 9:07:04potentially premature decisions about the structures of their
9:07:04 > 9:07:11operations. This is why negotiating and embedding transitional
9:07:11 > 9:07:13arrangements in a withdrawal agreement between the UK and EU will
9:07:13 > 9:07:19give both sides a greater degree of visibility and certainty for
9:07:19 > 9:07:22planning for the future. Clause six of the EU withdrawal bill makes it
9:07:22 > 9:07:29clear that the UK courts will not need to keep even half an eye on the
9:07:29 > 9:07:32case of the ECJ, and this in legislative terms is as clear a
9:07:32 > 9:07:40statement as you can get that the UK courts will not have to follow ECJ
9:07:40 > 9:07:46decisions directly or indirectly post Brexit. Thank you.Maria
9:07:46 > 9:07:47Miller.
9:07:51 > 9:07:57Within this string of amendments, I was pleased in my early intervention
9:07:57 > 9:08:02that my honourable and learn it friend was able to indicate the
9:08:02 > 9:08:07government's intention to perhaps bring forward amendments to this
9:08:07 > 9:08:11bill at report stage, to take out what I believe is an important
9:08:11 > 9:08:16recommendation that was made by the women and qualities select committee
9:08:16 > 9:08:19in our report that we published in February of this year, making a
9:08:19 > 9:08:25ministerial statement of compatibility with the equality act
9:08:25 > 9:08:30something that was mandatory for all bills and all secondary legislation
9:08:30 > 9:08:37that is related to exiting the EU. Mr Crosby, why this is important is
9:08:37 > 9:08:40because, actually, the government has set out very clearly that they
9:08:40 > 9:08:45don't want to see any backsliding on our equalities agenda or equalities
9:08:45 > 9:08:50law when we leave the EU, and in making the sort of amendment that my
9:08:50 > 9:08:55honourable friend referred to, we will have more of a guarantee that
9:08:55 > 9:08:59that will actually be what happens. The EU White Paper that was
9:08:59 > 9:09:03published in February of this year says very clearly that the
9:09:03 > 9:09:09government wants to see the same rules and laws applying the day
9:09:09 > 9:09:15after we leave the EU as dated the day before, -- as they did the day
9:09:15 > 9:09:17before, and this approach will preserve the rights and obligations
9:09:17 > 9:09:24that already exist in the UK under EU law and provide a secure basis
9:09:24 > 9:09:28for the future, but it isn't just the laws themselves where certainty
9:09:28 > 9:09:31is needed but also the frameworks within which those laws will
9:09:31 > 9:09:37operate. What we identified in the enquiry that we held in the select
9:09:37 > 9:09:44committee around CEU exit is that, after leaving the EU, for
9:09:44 > 9:09:51individuals, things will change, because the UK courts will no longer
9:09:51 > 9:09:56be able to do supply law that is found to be incompatible with
9:09:56 > 9:09:59equality law, as is currently the case in the CJ you. The UK will lose
9:09:59 > 9:10:09that particular function of the CJEU as an arbiter of incompatibility
9:10:09 > 9:10:14with the principles of equality so, for the government to achieve it set
9:10:14 > 9:10:19out objective of protecting equality rights as they are now, we have to
9:10:19 > 9:10:23do more than simply transposed legislation. We also have to provide
9:10:23 > 9:10:28that additional functionality as well. This really matters, it really
9:10:28 > 9:10:35matters to our constituents. It really matters to women like Carol,
9:10:35 > 9:10:39who was fired by her employer for being pregnant. She had her case
9:10:39 > 9:10:45heard in the CJEU and her rights enforced. It matters to mothers like
9:10:45 > 9:10:50Karen, who just wanted to be able to work more flexibly to care for her
9:10:50 > 9:10:54disabled son, and she had her case heard by the CJEU at her rights were
9:10:54 > 9:10:57enforced. We need to make sure we can continue to do that into the
9:10:57 > 9:11:04future. So, the, I think, sensible and practical recommendation that
9:11:04 > 9:11:08was put forward by the women and equalities select committee
9:11:08 > 9:11:13recommended to the government a simple solution. The recommendations
9:11:13 > 9:11:15set out that a statement of compatibility is published by
9:11:15 > 9:11:22government ministers when any SI or bill relating to EU withdrawal is
9:11:22 > 9:11:27published, explaining why the proposals are or are not compliant
9:11:27 > 9:11:30with the equality act. Really, mirroring provisions that are
9:11:30 > 9:11:39already set out in the Human Rights Act of 1998, sections 19 and four. I
9:11:39 > 9:11:44think this would really make it clear to the courts that they must
9:11:44 > 9:11:50be taking account of the equality act, and that, if legislation is
9:11:50 > 9:11:55incompatible, the courts could indeed make a declaration of
9:11:55 > 9:11:59incompatibility, which would, I believe, have to be rectified by the
9:11:59 > 9:12:05government, as indeed is the case now. This is important because, as I
9:12:05 > 9:12:09said, it enables the government to be able to adhere to what it has set
9:12:09 > 9:12:14out to be its policy. It also missing gap that currently is filled
9:12:14 > 9:12:17by the EU courts of justice. It gives the courts in the UK the
9:12:17 > 9:12:25potential power to be able to make declarations of incompatibility.
9:12:25 > 9:12:28And, perhaps, for those looking to the public sector equality duty to
9:12:28 > 9:12:33provide some filler of the gap, we set out in our report very clearly
9:12:33 > 9:12:38that the duty does not apply to primary legislation, and that is why
9:12:38 > 9:12:45this change is needed.My right honourable friend is making a
9:12:45 > 9:12:49powerful case, as always, for equality, and I just wonder if she
9:12:49 > 9:12:54agrees with me that cooperation on issues like FGM, human trafficking,
9:12:54 > 9:12:58other gender-based crimes should also be included in the exit
9:12:58 > 9:13:05agreement?My honourable friend has a great deal of experience in these
9:13:05 > 9:13:08matters, and I'm sure that ministers sitting on the front bench looking
9:13:08 > 9:13:12at these issues closely, because they will be as aware as she and I
9:13:12 > 9:13:18are that, as we leave the EU, the complexity is particularly around
9:13:18 > 9:13:21equalities need careful attention. I was pleased that ministers, when
9:13:21 > 9:13:28they came in front of us recently from the GE oh, were prepared to
9:13:28 > 9:13:32discuss issues around Brexit, and I hope that perhaps in the future
9:13:32 > 9:13:35Brexit ministers themselves will want to come in front of the
9:13:35 > 9:13:38equalities select committee to discuss these sorts of things she
9:13:38 > 9:13:43has set out. I thank the Minister for really taking this issue very
9:13:43 > 9:13:48seriously, and I know he's got a lot on his plate, but he's taken the
9:13:48 > 9:13:52time to look at this issue in some detail, and I think he should be
9:13:52 > 9:13:57applauded for that. I refer to my honourable friend, the member for
9:13:57 > 9:14:01Esher and Walton. I look forward to, when it comes to the report stage,
9:14:01 > 9:14:11seeing the fruits of his Labour.I just wanted to speak briefly in
9:14:11 > 9:14:15support of amendment 137, which my honourable and learned friend for
9:14:15 > 9:14:18Edinburgh South West has tabled and spoken about so persuasively about,
9:14:18 > 9:14:22arguing that the need to strengthen and to clarify for six, sub-clause
9:14:22 > 9:14:28two in particular for the if the UK is to leave the EU, it is important
9:14:28 > 9:14:32not only that there is a functional statute but that it is accessible
9:14:32 > 9:14:37and compensable as probable -- as possible. The ordinary citizen must
9:14:37 > 9:14:40be able to understand rights and obligations and business needs
9:14:40 > 9:14:44clarity about the rules under which they will be trading. Courts require
9:14:44 > 9:14:48clear business about Parliament's interventions. Economic interest
9:14:48 > 9:14:52requires that. As it stands, there is still much work to do to achieve
9:14:52 > 9:14:56these aims, including rectifying the lack of clarity in clause six. The
9:14:56 > 9:15:01starting point where I think there is an undisputed fact is sub-clause
9:15:01 > 9:15:08three of clause six. Clearly unmodified retained EU law should be
9:15:08 > 9:15:10interpreted in accordance with retained case and the principles of
9:15:10 > 9:15:15EU law. That is necessary to ensure the statute book applies in the same
9:15:15 > 9:15:19way after exit as before. Immediately after that is where we
9:15:19 > 9:15:24get into sticky territory, and that is the state is opposite exit
9:15:24 > 9:15:28European caselaw. In the months and years after exit, few cases in the
9:15:28 > 9:15:35course of justice will concern new EU rules -- new EU rules. Most will
9:15:35 > 9:15:40deal with things which have not been interpreted. In essence, such
9:15:40 > 9:15:43decisions by the Court of Justice are really decisions about how that
9:15:43 > 9:15:47law always was and should have been applied, including immediately prior
9:15:47 > 9:15:53to exit. With apologies for moving away from highbrow discussions about
9:15:53 > 9:15:56the rule of law at the southern tree Parliament, let me talk
9:15:56 > 9:16:03hypothetically... -- at the sovereignty of Parliament. If the
9:16:03 > 9:16:06decision of the Court of Justice shortly after the exit clarifies
9:16:06 > 9:16:10that regulations do in fact apply between you and cutting edge form of
9:16:10 > 9:16:16budget, that decision is telling us and clarifying what retained EU law
9:16:16 > 9:16:19was an Brexit day, the point at which it was inducted into our laws.
9:16:19 > 9:16:25And yet this bill appears to fudge or dodge the issue of whether or not
9:16:25 > 9:16:29that ruling should be followed or given any consideration. I think
9:16:29 > 9:16:33they are in danger of passing the buck. On what is a political
9:16:33 > 9:16:38decision to judges. The UK many fragile the six sided budget, unlike
9:16:38 > 9:16:43his German counterpart, is unclear where he stands, and importantly so
9:16:43 > 9:16:47are the judges. What I think should happen, and I think there is a
9:16:47 > 9:16:52strong argument for this, is that this parliament says, because that
9:16:52 > 9:16:56objective is part of retained EU law, and the fact there was a Court
9:16:56 > 9:16:59of Justice judgment, even though handed down after exit, if that
9:16:59 > 9:17:02judgment confirms that when they incorporated those obligations we
9:17:02 > 9:17:05were in Corbridge and revelations that do apply to a six sided widget,
9:17:05 > 9:17:10that is also part of retained EU law in the UK, unless there is good
9:17:10 > 9:17:13reason to the contrary foot that would seem sensible and desirable
9:17:13 > 9:17:17first of all simply from illegal Cary Grant of you but more
9:17:17 > 9:17:20importantly from a practical point of view, because if we have to make
9:17:20 > 9:17:23trading competition with the EU as simple as possible it surely makes
9:17:23 > 9:17:31sense for the same rule, one found in the EU regulation, one in
9:17:31 > 9:17:34domestic law, to be interpreted in the same way unless there are such
9:17:34 > 9:17:39very good reasons to the contrary foot all that clause 6.1 says is
9:17:39 > 9:17:42that courts and tribunals are not bound by post Brexit Court of
9:17:42 > 9:17:47Justice decisions and it just says it can have regard to such caselaw
9:17:47 > 9:17:51if it considers it appropriate. Lord Newberg says that isn't hopeful for
9:17:51 > 9:17:56judges and neither is it helpful for the six sided widget manufacturer
9:17:56 > 9:17:59who needs to know whether he can comply with those revelations and
9:17:59 > 9:18:05isn't sure whether that will work. You might even find that courts in
9:18:05 > 9:18:08different parts of the UK could come to different decisions about whether
9:18:08 > 9:18:12to follow a Court of Justice judgment on the widget regulations.
9:18:12 > 9:18:17I think Parliament has to do much better. We have to bear in mind that
9:18:17 > 9:18:23amendment one and 137 are alternative options if there are
9:18:23 > 9:18:25reasons why domestic courts shouldn't want to follow a Court of
9:18:25 > 9:18:31Justice ruling. The court could simply regard and declined to follow
9:18:31 > 9:18:34the court judgment, and there could be good reasons for that to happen,
9:18:34 > 9:18:39perhaps it Parliament had already decided to put in place its own
9:18:39 > 9:18:43separate statutory regime for six sided widgets. Ultimately, it
9:18:43 > 9:18:45Parliament decides after a particular judgment by the Court of
9:18:45 > 9:18:49Justice that it wants to change retained law in order to take a
9:18:49 > 9:18:52different course, it can do that. But there are many more rules which
9:18:52 > 9:18:56surely it would be sensible for this Parliament to leave in place as they
9:18:56 > 9:19:00are and to stick to ensure consistently of the application so
9:19:00 > 9:19:09far as that is possibly.It is perhaps one of the reasons why the
9:19:09 > 9:19:12government and the Brexiteers who appear to be paying precious little
9:19:12 > 9:19:16attention to anything that is going on in the house at the moment are
9:19:16 > 9:19:19not really interested in all of this, because what they want to see
9:19:19 > 9:19:23is a bonfire of any kind of regulations of this kind and a race
9:19:23 > 9:19:27to the bottom. That is the ultimate goal of the Brexiteers on the
9:19:27 > 9:19:32benches opposite.I suspect my honourable friend is right with his
9:19:32 > 9:19:37intervention. At the point of suggesting, there are many more
9:19:37 > 9:19:40rules which surely it would be sensible for this Parliament to
9:19:40 > 9:19:44leave in place exactly as they are, and not only that to seek to ensure
9:19:44 > 9:19:49consistency of application between the UK and EU so far as possible.
9:19:49 > 9:19:53Within the bill itself, sub-clause 6.6, it allows for modified retained
9:19:53 > 9:19:58law to be interpreted in accordance with retained law and principles if
9:19:58 > 9:20:01that is what Parliament in tents. What we need is clear expression of
9:20:01 > 9:20:06intention that, by leaving rules unmodified and retaining the same
9:20:06 > 9:20:09rules as are in place on exit date, we are generally seeking for them to
9:20:09 > 9:20:14be applied in the same way here is across the EU, and that is a
9:20:14 > 9:20:17political decision and that is why it shouldn't be left to judges that
9:20:17 > 9:20:20should be expressed clearly by this Parliament that that is what we want
9:20:20 > 9:20:26to happen. That will help judges, it will be good for the six sided
9:20:26 > 9:20:30widget manufacturers, who understand the rules under which they have to
9:20:30 > 9:20:33operate and, importantly, it will be good for citizens who will benefit
9:20:33 > 9:20:37from clarity about the rights, so it is imperative that Parliament eggs
9:20:37 > 9:20:43this happen, by amendment 137 or otherwise. -- Parliament makes this
9:20:43 > 9:20:48happen.It pains me to say this, but I think that what several of us have
9:20:48 > 9:20:52been trying to say, put briefly, is that clause six as it stands is a
9:20:52 > 9:20:58frightful mess. Of course, I shall be voting with the government
9:20:58 > 9:21:05tonight, but I very much hope that, after this debate, as did not happen
9:21:05 > 9:21:08after the second reading, that the government will go away and think
9:21:08 > 9:21:11about clause six because, if it doesn't, it will get massacred in
9:21:11 > 9:21:17the House of Lords, but rightly, not least by former law lords and, after
9:21:17 > 9:21:21that, it will be difficult for those of us who know it's a mess at the
9:21:21 > 9:21:24moment to support and attempt to overrule the House of Lords. I bake
9:21:24 > 9:21:29the front bench to take seriously the problem that we are trying to
9:21:29 > 9:21:33expose. Let me try to describe it more clearly than perhaps I've
9:21:33 > 9:21:38managed so far, but I know that my right honourable friend and others
9:21:38 > 9:21:47have also tried. It is very clear from clause 5.2 that the government
9:21:47 > 9:21:51accepts that in relation to be retained law, the interpretive
9:21:51 > 9:22:03powers of the ECJ are extremely wide, because 5.2 tells us that the
9:22:03 > 9:22:06principal and supremacy of EU law will continue to apply, so far as
9:22:06 > 9:22:12relevant to application, with any enactment. As my honourable friend
9:22:12 > 9:22:18sitting below me has pointed out, the supreme power that can be given
9:22:18 > 9:22:24to a court of this land is being attributed in this bill to the ECJ,
9:22:24 > 9:22:29in respect of existing legislation, namely, the power to squash an act
9:22:29 > 9:22:34of Parliament. You can't get higher than that. Now, we come to clause
9:22:34 > 9:22:40six and, in particular, 6.3. My honourable friend, the Minister,
9:22:40 > 9:22:45said that he wanted to create a snapshot, I think I am quoting him
9:22:45 > 9:22:55exactly, under which the courts in 6.3 would proceed exactly as 6.3 a
9:22:55 > 9:22:58tells us, namely, in accordance to any retained caselaw and any
9:22:58 > 9:23:02retained general principles of EU law. We do that together with 5.2,
9:23:02 > 9:23:10that means the court as a whole are being abjured by act of Parliament
9:23:10 > 9:23:12to observe the supremacy of the ECJ in respect of retained law including
9:23:12 > 9:23:18where that requires the quashing of an act of Parliament, and there is
9:23:18 > 9:23:26no hesitation in three a about the courts' scope of discretion in that
9:23:26 > 9:23:32respect. That seems a perfectly clear position. It isn't one, as a
9:23:32 > 9:23:38matter of fact, that I would wish to sponsor. I think it defeats a large
9:23:38 > 9:23:43part of the very reason for Brexit. For example, almost the entirety of
9:23:43 > 9:23:47our benefits system has been warped by interpretations of the ECJ which
9:23:47 > 9:23:54go expensively way beyond the treaties and create constraints on
9:23:54 > 9:23:57the award of benefits that no British government would wish to
9:23:57 > 9:24:02see. Nevertheless, it is a clip position, and my only purpose this
9:24:02 > 9:24:06evening is to make sure we don't create a frightful legal muddle, so
9:24:06 > 9:24:12I would even settle for 6.3 a as the principal of the thing if it were
9:24:12 > 9:24:18clear and applied to the UK courts.
9:24:18 > 9:24:22The problem is when you turn to 6-pointer for a it is perfectly
9:24:22 > 9:24:31clear that on the face of the Bilby Supreme Court is not bound by any
9:24:31 > 9:24:36caselaw. My honourable Minister said this was fine because after the
9:24:36 > 9:24:39snapshot the Supreme Court would be able to make adjustments and so the
9:24:39 > 9:24:46law would move on. Let's follow the process a bit. A lower court, or
9:24:46 > 9:24:50maybe a sequence of lower courts up to but not including the Supreme
9:24:50 > 9:24:55Court, had before them a case to which they must apply the principles
9:24:55 > 9:25:02of 6.3 eight. They inform the judge that the possibly very expansive and
9:25:02 > 9:25:08possibly TV a logical judgments of the ECJ going way beyond the plain
9:25:08 > 9:25:15words of any text or treaty or right corrective or regulation apply. Best
9:25:15 > 9:25:25possibly teleological. The Supreme Court has given no as to what
9:25:25 > 9:25:28principles to apply. It is simpler told is not bound by EU caselaw.
9:25:28 > 9:25:33Let's suppose that for some reason in some good reason, for example the
9:25:33 > 9:25:37principle of equity or natural justice or some such, the Supreme
9:25:37 > 9:25:39Court judges in the opposite direction to that of the lower
9:25:39 > 9:25:43courts. It has now created a precedent. The next case of a
9:25:43 > 9:25:47similar variety appears in a lower court. The lower court is abjured by
9:25:47 > 9:25:52the statute, notwithstanding the Supreme Court having made that
9:25:52 > 9:26:00decision to follow 6.38 and apply the rulings of the ECJ however
9:26:00 > 9:26:03expansive and contradictory the treaties were, and notwithstanding
9:26:03 > 9:26:08whatever the Supreme Court has said, or is it? Should the lower court
9:26:08 > 9:26:12instead apply the principle applied by the Supreme Court when it was
9:26:12 > 9:26:20relying on 6.4 eight it departed.I am listening with great care, is in
9:26:20 > 9:26:25the simple answer that the Supreme Court will apply the rules of
9:26:25 > 9:26:29precedent in accordance with their practice direction of 50 years ago
9:26:29 > 9:26:34which allows them to depart from previous case authority where it
9:26:34 > 9:26:38appears right to do so. So there are principles that are set out in
9:26:38 > 9:26:42domestic law by the Supreme Court and its predecessor in the judiciary
9:26:42 > 9:26:48of the House of Lords.With great respect to the Solicitor General, I
9:26:48 > 9:26:55would draw him back to 6.3 a which directs the lower court in such a
9:26:55 > 9:27:03case to continue to apply the contained caselaw in the case of ECJ
9:27:03 > 9:27:06jurisprudence and stop the Supreme Court jurisprudence. If that is not
9:27:06 > 9:27:11what the government intends than it needs to redraft 6.3 A. They can
9:27:11 > 9:27:14have it one way or the other way, but we can't in this country have a
9:27:14 > 9:27:20legal system that tells our courts to do two different things. That's
9:27:20 > 9:27:26why the former judges are causing a ferocious because they are not being
9:27:26 > 9:27:36told what we are as a parliament expecting of them.In effect we seek
9:27:36 > 9:27:41to settle the status of EU caselaw so it has equivalent status of
9:27:41 > 9:27:44Supreme Court authority. That's what we are doing that is the explanation
9:27:44 > 9:27:52for the hierarchy that he has very fairly outlined in his remarks.If
9:27:52 > 9:28:00the Solicitor General is trying to argue that he is aiming for an
9:28:00 > 9:28:05equality in which the jurisprudence of the ECJ and the jurisprudence of
9:28:05 > 9:28:09the Supreme Court are equal, that poses an insoluble problem for the
9:28:09 > 9:28:16lower court. One has to Trump the other. And this bill, if it is
9:28:16 > 9:28:19trying to make out one trumps the other, it does not do it. It's quite
9:28:19 > 9:28:23important that a human being who speaks English and reads this bill
9:28:23 > 9:28:30can see which Trump switch. I will give way. What I understand exactly
9:28:30 > 9:28:40where my right honourable friend is coming from.Meyer standing is that
9:28:40 > 9:28:43once the Supreme Court had departed from the jurisprudence of the
9:28:43 > 9:28:47European Court of Justice in a particular case, then thereafter the
9:28:47 > 9:28:54Supreme Court 's' jurisprudence would be the one that the lower
9:28:54 > 9:29:00court had to follow. But that does not get as pass the problem that the
9:29:00 > 9:29:05Supreme Court is provided with no guidance whatsoever about the
9:29:05 > 9:29:12purpose nature of EU law and how it should approach.Let me take my
9:29:12 > 9:29:17right honourable friend's very helpful intervention into steps. If
9:29:17 > 9:29:22what he said in the first step about the supremacy of the Supreme Court's
9:29:22 > 9:29:27rulings is to apply, which is not inequality, but puts the Supreme
9:29:27 > 9:29:31Court above the ECJ in the interpretation of these matters for
9:29:31 > 9:29:36retained law, that is a perfectly clear position and one which I would
9:29:36 > 9:29:47welcome. But then the bill should bloody well say so. However, if he
9:29:47 > 9:29:51is right, and we make the presumption the bill is adjusted, as
9:29:51 > 9:29:55I am sure it will be in the House of Lords to make it clear that is the
9:29:55 > 9:29:58case, we face the next problem, what is the poor old Supreme Court meant
9:29:58 > 9:30:09to be doing?I can understand him in 6.3 letter A, the words in
9:30:09 > 9:30:13accordance with any retained caselaw, but I don't understand the
9:30:13 > 9:30:17words any retained principles of EU law, because that would suggest the
9:30:17 > 9:30:26court as to adopt a methodology. Actually what we want our courts to
9:30:26 > 9:30:33do is revert to what they used, which is interpreting statute
9:30:33 > 9:30:37without reference to the jurisprudential techniques and the
9:30:37 > 9:30:42teleological techniques adopted by European courts.As a matter of
9:30:42 > 9:30:46fact, notwithstanding the chuntering of my right honourable friend on the
9:30:46 > 9:30:50back row, she is quite wrong about these issues, but I happen to agree
9:30:50 > 9:30:55with my honourable friend. My point is, it doesn't matter which side of
9:30:55 > 9:30:59the argument you on, but we have to be on one clear side or the other.
9:30:59 > 9:31:04The reason it says in 6.3AI feel sure that the joke court should
9:31:04 > 9:31:08judge with any accordance with any retained principles, is exactly the
9:31:08 > 9:31:15reason my Solicitor General sites. As we see in 5.2, the purpose of the
9:31:15 > 9:31:19teleological nature of the judgments and the ability of those judgments
9:31:19 > 9:31:24to quash even acts of Parliament should apply to the way our courts
9:31:24 > 9:31:29continue to interpret retained law. I think that is the intent of 6.3 A.
9:31:29 > 9:31:34That leaves us with a wide open and you on in question, should the
9:31:34 > 9:31:38Supreme Court, in making judgments where it is not bound we are told in
9:31:38 > 9:31:436.4 letter eight by any retained EU caselaw, nevertheless apply the
9:31:43 > 9:31:48general principles and try to the same purpose and teleological
9:31:48 > 9:31:53reasoning that the ECJ uses? We are not told, the judges are not told,
9:31:53 > 9:31:57and therefore six, so far from creating legal certainty, creates
9:31:57 > 9:32:02the largest possible degree of legal uncertainty. Not a tolerable
9:32:02 > 9:32:05position at what one big government or opposition wishes to achieve. I
9:32:05 > 9:32:10don't think there is anyone in the whole House of Commons wishes to
9:32:10 > 9:32:15achieve it, but the cause as currently drafted achieves this.I
9:32:15 > 9:32:18think The Right Honourable member for West Dorset is absolutely right
9:32:18 > 9:32:23in pointing out issues that need to be clarified and clarified as soon
9:32:23 > 9:32:28as possible, which is why new clause 14 says in a very polite way, it
9:32:28 > 9:32:31would help everybody if the government, within one month of
9:32:31 > 9:32:38Royal assent of the act could publish a report explaining improper
9:32:38 > 9:32:44detail how EU retained law applies within that transition period.
9:32:44 > 9:32:46Forgive me, but the honourable gentleman didn't allow me to
9:32:46 > 9:32:51intervene on him. Let me say now that his point is wholly irrelevant
9:32:51 > 9:32:55to clause six. It relates to the transition, which will be covered in
9:32:55 > 9:32:59another bill. My concern is about the continuing state of UK law
9:32:59 > 9:33:03following exit. This is not going to be resolved by the government
9:33:03 > 9:33:07producing some white paper or other. It has to be resolved by clause six
9:33:07 > 9:33:12being drafted in a way that creates the very legal certainty the
9:33:12 > 9:33:15government admirably wishes to create, and at the moment it
9:33:15 > 9:33:20abundantly fails to do.I would like to put on the record that I think my
9:33:20 > 9:33:27right honourable friend is asking some very interesting questions. It
9:33:27 > 9:33:31doesn't necessarily mean that him not being a judge, or indeed any of
9:33:31 > 9:33:34us in this chamber, that he is necessarily drawing the right
9:33:34 > 9:33:39conclusions. But what he's doing is pointing to a number of questions
9:33:39 > 9:33:44which definitely needs be raised. I would simply say that one thing I
9:33:44 > 9:33:50don't think he has mentioned particularly is under 5.1, the
9:33:50 > 9:33:54principle of the supremacy of EU law does not apply to an enactment or
9:33:54 > 9:33:58rule of law passed or made after exit day, and that must include this
9:33:58 > 9:34:03bill. And furthermore, I don't think he has quite taken on board what the
9:34:03 > 9:34:10Solicitor General said with respect to our application of interpretation
9:34:10 > 9:34:14which they would be obliged to apply in the Supreme Court after exit day.
9:34:14 > 9:34:19I think there are some interesting questions, but I don't think, if I
9:34:19 > 9:34:22may say so, that we can necessarily draw conclusions from the questions
9:34:22 > 9:34:30he is putting.I'm grateful to my honourable friend and I'm happy to
9:34:30 > 9:34:34leave it to the government to draw conclusions and asked questions in
9:34:34 > 9:34:39due course. I don't think 5.1 helps at all. My honourable friend is
9:34:39 > 9:34:44right that it excludes the possibility of subsequent enactments
9:34:44 > 9:34:49being subject to the principle of supremacy. But in 5.2 it is equally
9:34:49 > 9:34:53clear that in so far as the retained laws are concerned, the principle of
9:34:53 > 9:34:56supremacy remains, and therefore they may be judgments that in the
9:34:56 > 9:35:03future judge that already existing law, whether it is judged to be a
9:35:03 > 9:35:08conflict between an act of Parliament and an ECJ ruling, should
9:35:08 > 9:35:12have the result that the ECJ ruling triumphs over the act of Parliament.
9:35:12 > 9:35:16That is a perfectly possible and sensible position to adopt. It's not
9:35:16 > 9:35:22one my honourable friend here from Colchester... Harwich, forgive me,
9:35:22 > 9:35:28and I would like to see, but nevertheless it's a perfectly
9:35:28 > 9:35:31tolerable position, but it needs to be carried over from the Supreme
9:35:31 > 9:35:36Court just as much. My point remains the very simple point that the bill,
9:35:36 > 9:35:39if it is trying to achieve a hierarchy here, it needs to state
9:35:39 > 9:35:44what the hierarchy is. In stating that hierarchy it needs to make
9:35:44 > 9:35:52clear who governs whom. At the moment, this doesn't do it.Wes
9:35:52 > 9:35:59Streeting.It's a pleasure to follow The Right Honourable member for West
9:35:59 > 9:36:04Dorset, who rather uncharacteristically had to knock
9:36:04 > 9:36:10several lumps out of his own front bench to get them to see sense
9:36:10 > 9:36:14around some obvious problems with clause six. I have chosen to rise at
9:36:14 > 9:36:18this point in the evening to pick up on some of the inconsistencies and
9:36:18 > 9:36:20flaws that I think have been revealed during the course of this
9:36:20 > 9:36:26debate. In the insufficient and in some case absent replies from the
9:36:26 > 9:36:31front bench. My honourable friend, the member for Sheffield century as
9:36:31 > 9:36:33the minister very clearly if during the transition period the
9:36:33 > 9:36:40jurisdiction of the European Court of Justice would apply. The
9:36:40 > 9:36:43Minister, if the Minister would like to address that point now I am happy
9:36:43 > 9:36:52to give way.He was not here for large parts of the debate. It was
9:36:52 > 9:36:58addressed very squarely. If he reads Hansford.For the benefit of viewers
9:36:58 > 9:37:02just tune in in on BBC Parliament, I'm happy to give way to him a
9:37:02 > 9:37:04second time if you would like to state very clearly for the record,
9:37:04 > 9:37:10on that fundamental point, in his view, does the jurisdiction of the
9:37:10 > 9:37:14European Court of Justice apply during a transition period. It's a
9:37:14 > 9:37:26very simple question and it only needs a yes or no answer.I suspect
9:37:26 > 9:37:31that the Minister has been taking lessons from the Foreign Secretary
9:37:31 > 9:37:36and I suggest when he says we should read Hansford, we will find a giant
9:37:36 > 9:37:44lacuna in Hansard. These will come back to haunt him.
9:37:49 > 9:37:52I am happy to be generous and to give way to the Minister. It is a
9:37:52 > 9:37:58simple yes or no question.Both of the honourable gentleman have not
9:37:58 > 9:38:03been in here for the entirety of the debate. This issue has been
9:38:03 > 9:38:13addressed squarely. We are not going to pre-empt or bridge...I'm not
9:38:13 > 9:38:16sure the minister entirely had a chance to finish his point. I am
9:38:16 > 9:38:21happy to give way again so he can finish the central question, which
9:38:21 > 9:38:24is whether or not the jurisdiction... It is a simple
9:38:24 > 9:38:28question, and the reason this is so problematic is because those of us
9:38:28 > 9:38:31who have been listening very carefully to the concerns of whole
9:38:31 > 9:38:36sections of the economy, their concerns about uncertainty around
9:38:36 > 9:38:39Brexit, we have heard a simple message, which is that the biggest
9:38:39 > 9:38:44risk to this country's economy at this moment is uncertainty, and what
9:38:44 > 9:38:48the government could simply do now to reassure sectors of the economy
9:38:48 > 9:38:54where the manufacturing businesses with supply chains in the EU, or
9:38:54 > 9:38:57financial and professional services, who are worried about whether or not
9:38:57 > 9:39:01contracts will soon be honoured and upheld, or jobs and activity could
9:39:01 > 9:39:06be relocated, the central message the government could give those
9:39:06 > 9:39:11industries is that, during the transitional period, the existing
9:39:11 > 9:39:13structure of EU rules and regulations will apply, and I
9:39:13 > 9:39:19certainly will give way.I was present in the debate when the
9:39:19 > 9:39:23Minister previously addressed this question and, as far as I can
9:39:23 > 9:39:27remember at the time, he didn't answer the perfectly straightforward
9:39:27 > 9:39:39question at all.I am grateful to the right honourable gentleman. I am
9:39:39 > 9:39:42sure, if the right honourable gentleman didn't hear a clear
9:39:42 > 9:39:48answer, I'm sure most members didn't hear a clear answer, and there is a
9:39:48 > 9:39:50golden opportunity again for the Minister or even the Secretary of
9:39:50 > 9:39:56State to help him out. A very simple question about whether or not,
9:39:56 > 9:40:00during the transition period, the European Court of Justice will be
9:40:00 > 9:40:05able to exercise jurisdiction in the way it does presently. It's a simple
9:40:05 > 9:40:08question. Can the Secretary of State give clarity on this point alone? It
9:40:08 > 9:40:17is a simple and fundamental question. He is the real power
9:40:17 > 9:40:21behind the throne. I will give way to the honourable gentleman.I am
9:40:21 > 9:40:24grateful to the honourable gentleman for giving way, because the answer
9:40:24 > 9:40:29ought to be perfectly clear. If there is still jurisdiction of the
9:40:29 > 9:40:33European Court of Justice, we will not have left the European Union.I
9:40:33 > 9:40:37am grateful to the honourable gentleman before setting out in the
9:40:37 > 9:40:40house today be consistent view he has held throughout the referendum
9:40:40 > 9:40:43campaign and in the debate that followed that this is the
9:40:43 > 9:40:47fundamental problem the government have. It's not whether or not it is
9:40:47 > 9:40:52the will of the house that the ECJ should have jurisdiction during the
9:40:52 > 9:40:55transitional period, because I think most people in this house, whether
9:40:55 > 9:41:01they voted Leave or Remain, understand the central importance of
9:41:01 > 9:41:05giving business certainty about what will happen when we leave the EU. In
9:41:05 > 9:41:09fact, the Prime Minister understood it in the speech... She understood
9:41:09 > 9:41:15it in her speech in Florence, where she said, during the transition
9:41:15 > 9:41:18period, the existing structure of EU rules and regulations will apply.
9:41:18 > 9:41:23She also said, which follows on some of the points made earlier this
9:41:23 > 9:41:27evening in the debate, and if a new disputes resolution can be agreed
9:41:27 > 9:41:34weekly, if this can be done smoothly, then a new disputes
9:41:34 > 9:41:38resolution process could be put in more quickly, and thickly invocation
9:41:38 > 9:41:43is there, in the Prime Minister's view in Florence that, in order to
9:41:43 > 9:41:47provide business with the certainty they need now about jobs and
9:41:47 > 9:41:50economic activity, during a transition period, for a time
9:41:50 > 9:41:55limited period, we would remain in the single market, the customs union
9:41:55 > 9:41:57and necessarily under the jurisdiction of the European Court
9:41:57 > 9:42:02of Justice.Is my honourable friend as puzzled as I am why ministers are
9:42:02 > 9:42:07not willing to support the policy of the Prime Minister? The Prime
9:42:07 > 9:42:09Minister made the position very clear in answering an intervention
9:42:09 > 9:42:13from the honourable gentleman that the writ of the European Court of
9:42:13 > 9:42:16Justice will run during the transition period, at least at the
9:42:16 > 9:42:22start of it.I am just as bewildered as the right honourable gentleman
9:42:22 > 9:42:26about this point and, in fact, many members may not have seen, but
9:42:26 > 9:42:30tomorrow's Daily Telegraph carries a front-page splash entitled the
9:42:30 > 9:42:35Brexit mutineers and, on the front page, they will find people like the
9:42:35 > 9:42:40honourable gentleman for Brookstone, the honourable gentleman for Bromley
9:42:40 > 9:42:44and Chislehurst, the right honourable gentleman for Rushcliffe
9:42:44 > 9:42:52and other Conservative members, who have done nothing else but in the
9:42:52 > 9:42:56course of this debate, try and get the government to a position
9:42:56 > 9:43:01whereby, as we leave the European Union, we do so in a way that
9:43:01 > 9:43:05provides the most clarity, the most certainty and the most stability in
9:43:05 > 9:43:10the interests of our economy, and as my honourable friend for East Ham
9:43:10 > 9:43:15alluded to, the real Brexit mutineers are not people like the
9:43:15 > 9:43:18honourable member to Brookstone, why will give way to shortly, because
9:43:18 > 9:43:22those members of the members who ironically are upholding the
9:43:22 > 9:43:25principles of the foreign speech. The real mutineers are members of
9:43:25 > 9:43:31the Cabinet, in the department for exiting the European Union, in the
9:43:31 > 9:43:33Foreign and Commonwealth Office. They are the real Brexit new delays
9:43:33 > 9:43:36and they should be explaining why they are not prepared to back the
9:43:36 > 9:43:43clear position set out by the Prime Minister. -- the wheel mutineers.
9:43:43 > 9:43:45Does the honourable gentleman share my concern that this is a blatant
9:43:45 > 9:43:52piece of bullying that goes to the heart of democracy? Could he agree
9:43:52 > 9:43:56with me that none of those people who have been named in this way, and
9:43:56 > 9:43:59I take it as a badge of honour, actually, but none of those people
9:43:59 > 9:44:06want to delay or to thwart Brexit. We want a good Brexit that works for
9:44:06 > 9:44:12everybody in our country. That isn't a lot to ask in a democracy.I
9:44:12 > 9:44:14wholeheartedly agree with the honourable lady. I know she isn't
9:44:14 > 9:44:20somebody to be pushed around and, in fact, I looked at the front page of
9:44:20 > 9:44:24the Telegraph and I saw a range of principled politicians with whom I
9:44:24 > 9:44:29have a number of principled disagreements, but who I look to as
9:44:29 > 9:44:33distinguished parliamentarians who always act in what they believe to
9:44:33 > 9:44:37be the best interests of their constituents and their country. This
9:44:37 > 9:44:40brings us to the central challenge that we have at this particular
9:44:40 > 9:44:45point in the Brexit negotiations. Manufacturing firms would supply
9:44:45 > 9:44:50chains in the EU are happy to make decisions now, before Christmas,
9:44:50 > 9:44:56about jobs, about activity, about whether or not to renew contracts or
9:44:56 > 9:45:01to sign up to new ones. The clear message from financial and
9:45:01 > 9:45:07professional services, whose concerns have been brilliantly
9:45:07 > 9:45:12outlined or attempted to be addressed by the MBE for Bromley,
9:45:12 > 9:45:15the clear message from leading sectors of the economy is that,
9:45:15 > 9:45:19unless there is a clear sense of direction and some reassurance
9:45:19 > 9:45:24around the rules of the transition period and how it will operate, they
9:45:24 > 9:45:28will be forced to activate contingency plans as early as now
9:45:28 > 9:45:35and before Christmas, but certainly into the first quarter of 2018. The
9:45:35 > 9:45:39clock is ticking. Time is running out. And I don't think that
9:45:39 > 9:45:42ministers, in muddying the waters in the way they have during the debate
9:45:42 > 9:45:48this afternoon, have done anything at all to reassure businesses, who
9:45:48 > 9:45:52are hovering over activating those contingency plans.I completely
9:45:52 > 9:45:55agree with what I honourable friend is saying about the importance of
9:45:55 > 9:45:57giving certainty and support and what he has said that transition.
9:45:57 > 9:46:02Would he not also agree that the crucial thing would be to rule out a
9:46:02 > 9:46:06catastrophic no deal Brexit that so many people are worried about an
9:46:06 > 9:46:13hour now hedging against? They are fearful of the consequences.I
9:46:13 > 9:46:20agree. We hear this fallacy about those of us who warn against a no
9:46:20 > 9:46:24deal Brexit somehow be willing to sign up to any kind of bad deal, as
9:46:24 > 9:46:29if there is a bad deal that could possibly be worse than no deal. I
9:46:29 > 9:46:34would like to hear an intervention from anybody opposite or on the side
9:46:34 > 9:46:38of the house who can explain how crashing out of the European Union
9:46:38 > 9:46:42and over a cliff edge, with immediate end to all of the existing
9:46:42 > 9:46:47contractual and legal obligations and existing frameworks and
9:46:47 > 9:46:51protections, a hard order in Ireland, the end of our trading
9:46:51 > 9:46:55agreements, not just with the EU but through the EU to countries across
9:46:55 > 9:46:58the world, how on earth any kind of deal or transitional deal could be
9:46:58 > 9:47:04worse than no deal. In my view, no deal is the very worst deal, and it
9:47:04 > 9:47:07is astonishing that there people opposite who not only entertain the
9:47:07 > 9:47:10possibility of no deal are enthusiastically encouraging it with
9:47:10 > 9:47:17the views that they put forward. There have been many problems with
9:47:17 > 9:47:22the Prime Minister's approach to Brexit, but I thought, in the
9:47:22 > 9:47:26Florence speech, she tried to set out a practical and flexible
9:47:26 > 9:47:30framework through which we can give business certainty now about the
9:47:30 > 9:47:35transition period but, crucially, where there would only be one set of
9:47:35 > 9:47:38changes from our membership of the EU to our future relationship with
9:47:38 > 9:47:43the European Union once we've left. What the front bench have done this
9:47:43 > 9:47:49evening is to drive a coach and horses through the Florence speech.
9:47:49 > 9:47:55They cannot provide business with the clarity they need about how the
9:47:55 > 9:47:57European Court of Justice will operate in transition. They ought to
9:47:57 > 9:48:01support our position, which is to remain in the single market and
9:48:01 > 9:48:05customs union for the time-limited period of transition, because that
9:48:05 > 9:48:08would give business the certainty they desperately need. Four members
9:48:08 > 9:48:14opposite to put their ideological vanities against the best interests
9:48:14 > 9:48:21of the British economy is self reckless and irresponsible.--
9:48:21 > 9:48:24selfish, reckless and irresponsible. Can I just picked up two or three
9:48:24 > 9:48:29points that have been made in this debate? I think it's been an
9:48:29 > 9:48:31important debate with some fantastic, magnificent
9:48:31 > 9:48:35contributions, especially from my right honourable friend the member
9:48:35 > 9:48:40for West Dorset. Can I start firstly with what he had to say, because it
9:48:40 > 9:48:44is central. I appreciate what the government has been trying to do
9:48:44 > 9:48:50with clauses five and six, and the way in which retained EU law should
9:48:50 > 9:48:56be interpreted. But, firstly, I happen to agree with my right
9:48:56 > 9:49:01honourable friend that's the way in which it's worded is opaque,
9:49:01 > 9:49:04although I think I had understood what the government had intended in
9:49:04 > 9:49:08terms of the role of supremacy of the Supreme Court in developing law.
9:49:08 > 9:49:11But it still doesn't get us away from the fundamental problem that EU
9:49:11 > 9:49:15law is different from our law. Its rules of interpretation are
9:49:15 > 9:49:23different. Its purpose is different. And, right through this bill, we are
9:49:23 > 9:49:27going to come back to this problem, over the charter of fundamental
9:49:27 > 9:49:31rights or general principles of EU law. You can't just take it and drop
9:49:31 > 9:49:36it into our law and then leave no guidance as to what the government
9:49:36 > 9:49:44expects this law to be used for. And I do worry that the lack of
9:49:44 > 9:49:50explanation is most peculiar, and that the consequences, it's not a
9:49:50 > 9:49:54question of wanting to keep it... Ultimately, I assume it's all going
9:49:54 > 9:49:59to go away. But, in the meantime, there was a lack clarity, and I can
9:49:59 > 9:50:02well understand why the judiciary, particularly the senior judiciary,
9:50:02 > 9:50:05are troubled by this lack of guidance. It's almost as if the
9:50:05 > 9:50:09government has found it too embarrassing to want to grapple with
9:50:09 > 9:50:15this. It wants to maintain continuity but it doesn't want to
9:50:15 > 9:50:18maintain the implication of continuity, because that is a
9:50:18 > 9:50:24difficult message to sell to some members on these benches. And so we
9:50:24 > 9:50:28are really going to have to look at this as we go through, and I'm
9:50:28 > 9:50:31prepared to try and help the government to find a way through. It
9:50:31 > 9:50:35isn't that I want to keep its aura, I know there are many on these
9:50:35 > 9:50:39benches don't like it at all, but the simple fact is that we need to
9:50:39 > 9:50:44look at it. As for the other issues that have been debated, they are
9:50:44 > 9:50:48absolutely right but they are really not relevant to this debate.
9:50:48 > 9:50:51Transitional arrangements, we haven't got the slightest clue what
9:50:51 > 9:50:54transitional arrangements are going to be, and we are going to have to
9:50:54 > 9:50:58have a completely separate piece of legislation taking, I suspect, a
9:50:58 > 9:51:03long time to go through this house in order to sort this out.
9:51:03 > 9:51:06Ultimately, if we have a long-term agreement, there is going to be an
9:51:06 > 9:51:08interesting issue as to whether we are going to be instructing our
9:51:08 > 9:51:15courts to mirror EU law, so as to maintain comity with the Court of
9:51:15 > 9:51:20Justice of the EU, or to risk constantly having to readjust our
9:51:20 > 9:51:25own legal frameworks for the sake of that deep and special relationship.
9:51:25 > 9:51:28I don't want to disappoint too much some of my right honourable and
9:51:28 > 9:51:34honourable friends, but the harsh reality is that our geographical
9:51:34 > 9:51:39location and our desire to have a close trading relationship with the
9:51:39 > 9:51:44European Union is inevitably going to mean that decisions of the Court
9:51:44 > 9:51:48of Justice of the European Union are going to continue to have a major
9:51:48 > 9:51:52influence over our law here. Something which I'm afraid was
9:51:52 > 9:51:56rather disregarded when we went through all this process of having
9:51:56 > 9:52:04the referendum last year. I think it's called globalisation. And we
9:52:04 > 9:52:15will have to retain to this as we go along.Thank you, Mr Deputy Speaker.
9:52:15 > 9:52:18We have listened carefully to all the honourable members and the
9:52:18 > 9:52:22various contributions that have been raised along with the amendments
9:52:22 > 9:52:26that have been tabled during the course of this group this evening.
9:52:26 > 9:52:29They are issues we will take away for further consideration, and I
9:52:29 > 9:52:33refer particularly to the member for Basingstoke on the equality act. My
9:52:33 > 9:52:38honourable friend for Chesham, I think, what is the issue in a
9:52:38 > 9:52:41powerful and constructive way. The honourable member for West Dorset
9:52:41 > 9:52:48raised a number of points. I think we can address those, but I will
9:52:48 > 9:52:51take them away and we will work further to mention that would make
9:52:51 > 9:52:56sure there is the Croce required. I think it is with reclaiming that
9:52:56 > 9:53:02caused six encapsulates the two key strategic objectives of this bill,
9:53:02 > 9:53:05to take back democratic control over our laws and to do so in a way that
9:53:05 > 9:53:11delivers a smooth Brexit with legal certainty. We cannot accept... He
9:53:11 > 9:53:16has had his opportunity. The time is running very close and I want to
9:53:16 > 9:53:19give the honourable member the chance to wind up at the end. We
9:53:19 > 9:53:23cannot accept amendments that create more rather than less legal
9:53:23 > 9:53:30certainty, so I urge all honourable members to cost clause six
9:53:30 > 9:53:36stand-alone unamended this evening. -- to pass.
9:53:36 > 9:53:40Thank you for a debate which I think has covered a wide range of issues
9:53:40 > 9:53:43related to transition on the application of EU law. It has also
9:53:43 > 9:53:46revealed a number of very interesting facets of government
9:53:46 > 9:53:52policy. I thought it was particularly stark that the Minister
9:53:52 > 9:53:57who just spoke and wouldn't give way to my honourable friend, just
9:53:57 > 9:54:03couldn't let the words go passed his lips, that the European Court of
9:54:03 > 9:54:06Justice would apply during a transition period. That every
9:54:06 > 9:54:10paraphrase the Prime Minister herself, for it is chic, but into
9:54:10 > 9:54:16the Florence speech. The Florence speech, I thought, was government
9:54:16 > 9:54:25policy. But it turns out apparently not. Not today.Retreat.It turns
9:54:25 > 9:54:29out the honourable member who I call... Maybe I will run, I will
9:54:29 > 9:54:33give way.I will repeat in terms exactly what I said earlier. We want
9:54:33 > 9:54:37to know the agreement on the limitation period. As the Prime
9:54:37 > 9:54:39Minister has already said in a foreign speech, that may mean we
9:54:39 > 9:54:43start off with the European Court still governing some rules we are
9:54:43 > 9:54:46part of for that period. The government is also clear if we can
9:54:46 > 9:54:51bring forward a new dispute solution mechanism at some stage earlier we
9:54:51 > 9:54:56will do so. He should have listened to what I said earlier.The number
9:54:56 > 9:55:07of caveats and weasel words within that particular obfuscate Terry
9:55:07 > 9:55:10explanation were not as clear as the Prime Minister made at that time.
9:55:10 > 9:55:16That was fascinating. I think we will definitely, he will get a phone
9:55:16 > 9:55:22call from Number Ten I suspect in the morning. New clause 14, and I
9:55:22 > 9:55:26would like to test the will of the house on this, is still relevant and
9:55:26 > 9:55:30we need to get clarity from the government a month after Royal
9:55:30 > 9:55:35assent on how exactly transition would apply. Although they say there
9:55:35 > 9:55:40will be an act of Parliament, we don't know if that will be completed
9:55:40 > 9:55:44and enacted before exit day. We may find ourselves with a vacuum and we
9:55:44 > 9:55:48need more clarity from ministers. I think he has proven a point, made
9:55:48 > 9:55:55the case amply. That's why I want to press clause 14 to a vote.The
9:55:55 > 9:55:58question is new clause 14 be read a second time As many as are of the
9:55:58 > 9:56:10opinion, say "aye". To the contrary, "no". Division, clear the lobbies.
9:57:20 > 9:57:22Order, the question is that new clause 14 be read a second time. As
9:57:22 > 9:57:28many as are of the opinion, say "aye". To the contrary, "no".
9:57:28 > 9:57:35Tellers for the ayes and the noes.