Browse content similar to 14/11/2017. Check below for episodes and series from the same categories and more!
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abolition Bill. Second reading, what
day? Friday the 16th of March, 2018. | 0:00:00 | 0:00:05 | |
Friday the 16th of March, 2018. We
now come to the emergency debate, | 0:00:05 | 0:00:10 | |
which is colleagues were advised
yesterday, can last for up to two | 0:00:10 | 0:00:14 | |
hours. Dame Margaret Hodge. Thank
you, Mr Speaker. The actions and the | 0:00:14 | 0:00:23 | |
culture of powerful, large
corporations and of the wealthiest | 0:00:23 | 0:00:27 | |
in our society, as revealed in the
Paradise Papers constitute a | 0:00:27 | 0:00:32 | |
national and international disgrace.
What we have learned is tax | 0:00:32 | 0:00:39 | |
avoidance is not only a trivial
irritant practice by a small number | 0:00:39 | 0:00:42 | |
of greedy individuals and global
corporations will stop it is the | 0:00:42 | 0:00:48 | |
widely accepted behaviour of too
many of those who are rich and | 0:00:48 | 0:00:51 | |
influential. --. It is the widely
access debate -- it is the widely | 0:00:51 | 0:00:56 | |
accepted behaviour. It has become a
scourge on our society. The Paradise | 0:00:56 | 0:01:03 | |
Papers reveal the enormity and scale
of the problem. That is what makes | 0:01:03 | 0:01:07 | |
this emergency debate on the issue
so important. Our debate is also | 0:01:07 | 0:01:11 | |
urgent and timely because the
Chancellor, who sadly is not in his | 0:01:11 | 0:01:16 | |
place to hear the debate, is putting
the finishing touches to his budget. | 0:01:16 | 0:01:22 | |
I hope he will read very carefully
the views expressed today by members | 0:01:22 | 0:01:26 | |
of the House and reflect them in the
proposal sees brings to house next | 0:01:26 | 0:01:30 | |
week. I will give way to the
honourable member? There is no such | 0:01:30 | 0:01:36 | |
thing as a magic money tree, the
prime minister told a nurse who had | 0:01:36 | 0:01:40 | |
not got an increase in eight years.
Does the honourable lady agree with | 0:01:40 | 0:01:45 | |
me that there is? In the Cayman
Islands, Bermuda and in Jersey and | 0:01:45 | 0:01:53 | |
the worthy ill gotten gains salted
away of tax dodging to be picked and | 0:01:53 | 0:01:59 | |
put into our public services, we
would not have police officers and | 0:01:59 | 0:02:02 | |
teachers facing the sack and a
crisis in the health service. I | 0:02:02 | 0:02:08 | |
completely agree with my honourable
friend's remarks, which are | 0:02:08 | 0:02:11 | |
pertinent to what we are discussing
in the debate. Paying tax is an | 0:02:11 | 0:02:16 | |
essential part of the social
contract... Let me just make this | 0:02:16 | 0:02:21 | |
point and I will come back. Paying
tax is an essential part of the | 0:02:21 | 0:02:25 | |
social contract into which we all
enter as members of the community. | 0:02:25 | 0:02:30 | |
As members of society we agree to
abide by a set of rules and | 0:02:30 | 0:02:35 | |
regulations that make all our lives
better. One of those rules is we | 0:02:35 | 0:02:39 | |
agreed to contribute through
taxation into the common part for | 0:02:39 | 0:02:43 | |
the common good. Thank you, Mr
Speaker. I would like to ask why a | 0:02:43 | 0:02:50 | |
family firm has paid virtually no
tax? I am pleased the honourable | 0:02:50 | 0:02:59 | |
gentleman has given me the
opportunity to explain to the House. | 0:02:59 | 0:03:05 | |
My father and his cousins were
refugees from Germany and my father | 0:03:05 | 0:03:12 | |
was then a refugee from Egypt. He
was a double refugee. I remember as | 0:03:12 | 0:03:18 | |
a child he often said to me, you
will never feel safe in this | 0:03:18 | 0:03:21 | |
country. Always have your suitcase
ready. He did keep money abroad. | 0:03:21 | 0:03:26 | |
When we discovered that after he
died we closed those funds and put | 0:03:26 | 0:03:30 | |
them into a charity. The level of
taxation and who pays is decided by | 0:03:30 | 0:03:39 | |
house here in Parliament, through
our democratic process. That is how | 0:03:39 | 0:03:46 | |
we create a system that is
democratic and trusted by all. When | 0:03:46 | 0:03:52 | |
a menorah to you choose to ignore
and deliberately bypass our laws and | 0:03:52 | 0:03:54 | |
regulations and get away with it,
they undermine confidence in the | 0:03:54 | 0:04:00 | |
fairness of the system. -- when
people choose to ignore. Some people | 0:04:00 | 0:04:06 | |
claim tax avoidance is OK because it
is lawful. Indeed one government | 0:04:06 | 0:04:11 | |
minister from the other place, the
noble Lord Bates, said on Monday | 0:04:11 | 0:04:14 | |
that tax avoidance continues to be
part of the international system and | 0:04:14 | 0:04:19 | |
we recognise and value it. He and
others are simply wrong and they | 0:04:19 | 0:04:26 | |
misunderstand the issues. HMRC's
definition of tax avoidance is | 0:04:26 | 0:04:33 | |
clear, tax avoidance, and I quote,
involves bending the rules of the | 0:04:33 | 0:04:37 | |
tax system to gain a tax advantage
that Parliament never intended. It | 0:04:37 | 0:04:44 | |
often involves operating within the
letter but not the spirit of the | 0:04:44 | 0:04:48 | |
law. Those are the words of HMRC.
Even they say tax avoidance is wrong | 0:04:48 | 0:04:54 | |
for stop I will give way to the
honourable member? I thank her for | 0:04:54 | 0:05:00 | |
giving way. That she agree that any
feature of a strong tax system is | 0:05:00 | 0:05:06 | |
having a proper network of offices
and the closure and centralisation | 0:05:06 | 0:05:09 | |
like the one in my constituency in
Livingston is a disgrace and will do | 0:05:09 | 0:05:12 | |
nothing to help the situation. I
agree with the honourable lady. The | 0:05:12 | 0:05:18 | |
resources of HMRC is essential to
the fight against tax avoidance and | 0:05:18 | 0:05:21 | |
evasion. Sorry... These are the
words of HMI C. -- HMRC. Tax | 0:05:21 | 0:05:34 | |
avoidance is completely different
from tax planning, Webber example | 0:05:34 | 0:05:38 | |
Parliament intended to encourage
people to save their pensions by | 0:05:38 | 0:05:43 | |
introducing ISAs and tax breaks. Tax
breaks on the other hand walk the | 0:05:43 | 0:05:51 | |
intention. It means collective will
is ignored. It should not be | 0:05:51 | 0:05:55 | |
tolerated and we must act urgently
to eradicate it. I will give way to | 0:05:55 | 0:06:01 | |
the honourable member. I thank her
for giving way on that point. Does | 0:06:01 | 0:06:04 | |
she agree one of the best ways of
trying to deal with this | 0:06:04 | 0:06:08 | |
increasingly serious issue is to
have openness and transparency in | 0:06:08 | 0:06:13 | |
all the funds held offshore? So
those who are doing it have to face | 0:06:13 | 0:06:17 | |
the legitimate scrutiny of taxpayers
in this country. My honourable | 0:06:17 | 0:06:24 | |
friend makes a central point to what
we will be asking for today. Not | 0:06:24 | 0:06:29 | |
only does the behaviour of a feud
damage trust in the system as a | 0:06:29 | 0:06:35 | |
whole but it damages the public
services taxes are used to support. | 0:06:35 | 0:06:39 | |
Can I carry on a little bit and I
will give way? At a time in the NHS | 0:06:39 | 0:06:44 | |
is under such pressure, when public
sector workers have had wages held | 0:06:44 | 0:06:49 | |
down for years, when schools
struggle to deliver the best start | 0:06:49 | 0:06:53 | |
for all our children, for the super
rich and powerful to think they can | 0:06:53 | 0:06:57 | |
opt out of their responsibilities to
contribute fairly through taxes, is | 0:06:57 | 0:07:04 | |
utterly and totally immoral and
wrong. It is our responsibility to | 0:07:04 | 0:07:08 | |
put an end to it. I thank her for
giving way. I have been helpfully | 0:07:08 | 0:07:14 | |
provided with some facts which I
think should be put to the House. I | 0:07:14 | 0:07:18 | |
am told since 2010 big up and
secured £160 billion from tackling | 0:07:18 | 0:07:22 | |
elevation and noncompliance, 2.8
billion from offshore tax evaders, | 0:07:22 | 0:07:29 | |
invested 1.8 billion in HMRC to
tackle avoidance and evasion. I am | 0:07:29 | 0:07:33 | |
very proud of this. Will the
honourable lady agree with me that | 0:07:33 | 0:07:37 | |
this is a Nixon record from a
Conservative government? -- | 0:07:37 | 0:07:43 | |
excellent record. How does it
compare to the Labour government she | 0:07:43 | 0:07:45 | |
is always so keen to support? | 0:07:45 | 0:07:52 | |
I had hoped the honourable lady
would listen to the whole of my | 0:07:52 | 0:07:54 | |
speech. A little progress has been
made but not enough. The previous | 0:07:54 | 0:08:02 | |
Labour government record on tackling
tax avoidance was not as good as I | 0:08:02 | 0:08:07 | |
would have wanted. But the record
and actions of this government are | 0:08:07 | 0:08:12 | |
inadequate. And somewhat
hypocritical. Their rhetoric is | 0:08:12 | 0:08:18 | |
mostly fine but the reality is badly
wanting. | 0:08:18 | 0:08:26 | |
I'm extremely grateful to my
honourable friend. Isn't the | 0:08:26 | 0:08:29 | |
difficulty here that when ordinary
people hear the budget next week and | 0:08:29 | 0:08:33 | |
they have to think about their taxes
against a background of inflation | 0:08:33 | 0:08:38 | |
and food prices, they will wonder
why the people opposite are | 0:08:38 | 0:08:41 | |
hell-bent on avoiding any enquiry
into aggressive tax avoidance? I | 0:08:41 | 0:08:50 | |
agree entirely with my honourable
friend and I was just going to make | 0:08:50 | 0:08:53 | |
the point that those who do pay
their taxes are completely federal. | 0:08:53 | 0:08:57 | |
By eight o'clock this morning nearly
156,000 people had signed a petition | 0:08:57 | 0:09:03 | |
to go to the Prime Minister. This is
an issue that angers people across | 0:09:03 | 0:09:09 | |
the country, men and women,
supporters of all political parties, | 0:09:09 | 0:09:13 | |
people of all ages, and people in
every income group. She makes a very | 0:09:13 | 0:09:20 | |
good point. Everybody wants tax
evasion clamped down on. And I also | 0:09:20 | 0:09:26 | |
have some statistics. It is this
government who has invested £1.8 | 0:09:26 | 0:09:31 | |
million in HMRC to tackle tax
avoidance, and indeed we have | 0:09:31 | 0:09:37 | |
lessened the gap by 2% more than
Labour did. So we are on the right | 0:09:37 | 0:09:41 | |
track. If the honourable lady looks
at the HMRC figure on the tax gap, | 0:09:41 | 0:09:49 | |
running about 34 to £36 billion, if
she then looks at the figure that | 0:09:49 | 0:09:55 | |
tax campaigners talk about, which is
a gap of £120 billion, I think she | 0:09:55 | 0:10:01 | |
will share with me a determination
to see much more action to deal with | 0:10:01 | 0:10:06 | |
something which is just an ill in
our society. | 0:10:06 | 0:10:15 | |
I congratulate my right honourable
friend on this debate. Does she | 0:10:15 | 0:10:21 | |
share my concern about the
complacency being Sean -- shown? | 0:10:21 | 0:10:27 | |
Cutting down on global tax abuse
clearly requires international | 0:10:27 | 0:10:31 | |
cooperation. As we exit the EU, does
she share my concern that this is | 0:10:31 | 0:10:36 | |
not damaged in any away by our exit,
but strengthened by our actions | 0:10:36 | 0:10:43 | |
domestically and internationally? I
completely concur with those very | 0:10:43 | 0:10:46 | |
important remarks made by my
honourable friend. It is my -- our | 0:10:46 | 0:10:55 | |
job as elected representatives to do
what we can to put a stop to tax | 0:10:55 | 0:10:58 | |
injustice. Tax avoidance should not
be an issue that divides us. It | 0:10:58 | 0:11:03 | |
should be an issue on which we work
together. In the interests of all | 0:11:03 | 0:11:10 | |
taxpayers, and to protect our public
services. The Paradise Papers are | 0:11:10 | 0:11:15 | |
the latest in a series of leaks that
have been unmasked by the | 0:11:15 | 0:11:19 | |
international press. I salute the
journalists who have been involved | 0:11:19 | 0:11:25 | |
in making sense of the millions of
documents that have been passed to | 0:11:25 | 0:11:29 | |
them. Especially those at the
Guardian and Panorama, who have been | 0:11:29 | 0:11:33 | |
working on the papers for a year.
And I salute the public spirited | 0:11:33 | 0:11:38 | |
courage of the whistle-blower who
first past the paper to the German | 0:11:38 | 0:11:41 | |
newspaper. Can I just make some
progress? The Paradise Papers | 0:11:41 | 0:11:48 | |
contain 13.4 million files from just
two offshore providers of tax advice | 0:11:48 | 0:11:57 | |
and the company registries of 19 tax
havens. The scale of the data is | 0:11:57 | 0:12:00 | |
what makes the leak so important.
Let me say this. We have had the | 0:12:00 | 0:12:06 | |
Panama papers, the so-called Russian
and Azerbaijani laundromat | 0:12:06 | 0:12:13 | |
revelations on money-laundering. Now
we have the Paradise Papers. And we | 0:12:13 | 0:12:18 | |
will continue to have new leaks
splashed over our papers, filling | 0:12:18 | 0:12:25 | |
our television screen, until such
time as the government acts firmly | 0:12:25 | 0:12:29 | |
to clamp down on the avoidance that
is so blatant and yet so wrong. I | 0:12:29 | 0:12:33 | |
will give way. She said several
things that I agree with. For | 0:12:33 | 0:12:41 | |
instance, everybody should pay their
fair share of tax to help fund | 0:12:41 | 0:12:45 | |
public services, which is vital, and
also tax avoidance is something we | 0:12:45 | 0:12:49 | |
should work together on. Yet
considering that point, doesn't she | 0:12:49 | 0:12:52 | |
feel a little bit ashamed about her
party's efforts to block steps | 0:12:52 | 0:12:59 | |
before the most recent election,
that would have actually reduced tax | 0:12:59 | 0:13:01 | |
avoidance? On trying to not make
this overly partisan but I feel more | 0:13:01 | 0:13:09 | |
ashamed as a member of Parliament at
her party's reluctance to adopt the | 0:13:09 | 0:13:14 | |
very clear and simple methods that
could actually really tackle tax | 0:13:14 | 0:13:18 | |
avoidance. I'm going to make
progress. There are a lot of people | 0:13:18 | 0:13:24 | |
who do want to speak in what is a
two-hour debate. Last week our | 0:13:24 | 0:13:28 | |
papers were filled with scams and
scandals concerning celebrities from | 0:13:28 | 0:13:34 | |
the self appointed philanthropist
Bonneau, to the actors in Mrs | 0:13:34 | 0:13:38 | |
Brown's Boys, stories that tainted
the reputation of our much loved | 0:13:38 | 0:13:42 | |
royal family, regulations about
establishment figures and further | 0:13:42 | 0:13:48 | |
evidence that corporations like
Apple deliberately established | 0:13:48 | 0:13:52 | |
artificial financial structures that
have no other purpose than to avoid | 0:13:52 | 0:13:57 | |
tax. But I want to focus on the
systemic history. It is the systemic | 0:13:57 | 0:14:05 | |
issues we need to consider if we are
going to make progress. Let me start | 0:14:05 | 0:14:10 | |
with two comments arising from what
we have learned from the Paradise | 0:14:10 | 0:14:14 | |
Papers. Observations that help us to
understand what is wrong with our | 0:14:14 | 0:14:17 | |
system. The lawyers at the heart of
the Paradise Papers are one of the | 0:14:17 | 0:14:22 | |
few offshore law practices that
belong to the offshore magic circle | 0:14:22 | 0:14:29 | |
of service providers. Indeed,
Appleby was named offshore firm of | 0:14:29 | 0:14:32 | |
the year by legal 520 15. Yet the
Paradise Papers reveal that the firm | 0:14:32 | 0:14:40 | |
was criticised 12 times over a
10-year period in reports issued by | 0:14:40 | 0:14:47 | |
regulators in our UK tax havens, the
British Virgin Islands, the Isle of | 0:14:47 | 0:14:54 | |
Man, the Cayman Islands and Bermuda.
Appleby was criticised for its | 0:14:54 | 0:14:58 | |
failure to comply with regulations
designed to stop the funding of | 0:14:58 | 0:15:01 | |
terrorism and to prevent
money-laundering. The reports talk | 0:15:01 | 0:15:06 | |
about persistent failures and
deficiencies. Severe shortcomings. | 0:15:06 | 0:15:11 | |
And a highly significant weakness in
the adequacy of organise nation | 0:15:11 | 0:15:18 | |
systems and controls. --
organisation. Appleby simply ignored | 0:15:18 | 0:15:25 | |
these critical reports and failed to
change their procedures, despite the | 0:15:25 | 0:15:30 | |
strong words. Even the authorities
of the British Virgin Islands found | 0:15:30 | 0:15:36 | |
after an inspection of Appleby that
the confirm has contravened | 0:15:36 | 0:15:41 | |
financial services legislation, the
anti-money-laundering regulations | 0:15:41 | 0:15:43 | |
and code practice of prep -- 2008,
and has severe shortcomings, with | 0:15:43 | 0:15:51 | |
the majority of the legislation with
prudential standards and good | 0:15:51 | 0:15:55 | |
standards of practice not been met.
Our regulatory frameworks are so | 0:15:55 | 0:16:00 | |
weak that law firms can break the
law with complete impunity. It is | 0:16:00 | 0:16:04 | |
hopeless having self-regulation,
national and international codes of | 0:16:04 | 0:16:11 | |
practice, and regulatory bodies with
legal powers that can practice... | 0:16:11 | 0:16:18 | |
The lawyers just don't give a dam
and nobody held them to account. I | 0:16:18 | 0:16:27 | |
thought I understood prior to this
the distinction between tax | 0:16:27 | 0:16:34 | |
avoidance and evasion. I feel the
line is blurred. What is the | 0:16:34 | 0:16:38 | |
honourable lady's understanding of
the disc -- the distinction between | 0:16:38 | 0:16:41 | |
avoidance and evasion? I have to say
I agree with the honourable member | 0:16:41 | 0:16:47 | |
that the line is extremely blurred
and that some schemes put forward as | 0:16:47 | 0:16:54 | |
legitimate are very frequently then
found to be unlawful when HMRC | 0:16:54 | 0:16:59 | |
finally catches up with them. It is
a very blurred area where it is | 0:16:59 | 0:17:04 | |
difficult to make distinctions.
Worse than that, Appleby helped to | 0:17:04 | 0:17:07 | |
coordinate a well funded and
comprehensive lobby by the | 0:17:07 | 0:17:12 | |
international finance centres for
that took place before it G8 summit | 0:17:12 | 0:17:18 | |
that David Cameron were sharing in
2013. The then Prime Minister had | 0:17:18 | 0:17:24 | |
intended to insist that UK tax
havens should publish public | 0:17:24 | 0:17:28 | |
registers of beneficial ownership in
their jurisdiction. Had David | 0:17:28 | 0:17:33 | |
Cameron had his way, we might not
have been here today. But the group | 0:17:33 | 0:17:38 | |
lobbied fiercely to maintain
secrecy. They lobbied the Right | 0:17:38 | 0:17:43 | |
Honourable member for South West
Hertfordshire, the then Exchequer | 0:17:43 | 0:17:46 | |
Secretary, they lobbied the
permanently -- the permanent | 0:17:46 | 0:17:49 | |
Secretary, they lobbied the senior
official who was director of the | 0:17:49 | 0:17:54 | |
UK's G8 presidency unit, and they
succeeded in weakening David | 0:17:54 | 0:17:57 | |
Cameron's commitment to
transparency. I am very grateful to | 0:17:57 | 0:18:03 | |
my right honourable friend and
neighbour. Isn't the fact that the | 0:18:03 | 0:18:05 | |
vast majority of these tax havens
are British overseas territories? | 0:18:05 | 0:18:15 | |
And isn't it time that this
government or any government of this | 0:18:15 | 0:18:21 | |
country took seriously the fact that
those places are not doing what is | 0:18:21 | 0:18:25 | |
in the interests of British people
all over the world? And I would add | 0:18:25 | 0:18:32 | |
to that, particularly not in the
interests of many of the developing | 0:18:32 | 0:18:35 | |
countries who lose more tax through
tax avoidance than we do | 0:18:35 | 0:18:39 | |
proportionate to their budgets. Her
central contention is that these | 0:18:39 | 0:18:48 | |
territories should have a register
of beneficial ownership. Which he | 0:18:48 | 0:18:57 | |
acknowledged that the UK is now one
of the only countries in the world | 0:18:57 | 0:19:00 | |
to do that under this government?
That was a huge achievement by the | 0:19:00 | 0:19:04 | |
United Kingdom. And secondly, to put
it into international context, | 0:19:04 | 0:19:10 | |
virtually no other major developed
country in the world has done that. | 0:19:10 | 0:19:13 | |
The state of Delaware, in which 90%
of US corporations are registered, | 0:19:13 | 0:19:18 | |
hasn't done... Order! When I say
order, the honourable gentleman | 0:19:18 | 0:19:23 | |
resumes his seed. That was far too
long. | 0:19:23 | 0:19:29 | |
I would simply observe that the UK
also has responsibility for the | 0:19:29 | 0:19:34 | |
overseas territories and Crown
Dependencies, and I wish the UK | 0:19:34 | 0:19:38 | |
didn't in its own tax court have so
many harmful elements in the cold | 0:19:38 | 0:19:43 | |
that encourage tax avoidance. --
code. Treasury ministers and | 0:19:43 | 0:19:52 | |
government departments only listen
to a very small and exclusive group | 0:19:52 | 0:19:58 | |
of tax professionals when they take
decisions on tax policy. It is one | 0:19:58 | 0:20:03 | |
thing for the government to consult
stakeholders on the issues, but it | 0:20:03 | 0:20:07 | |
is quite another for the government
to be captured by the tax industry | 0:20:07 | 0:20:12 | |
at the expense of the wider public
interest. Tough and active | 0:20:12 | 0:20:16 | |
regulation of the tax industry to
ensure compliance in existing rules | 0:20:16 | 0:20:21 | |
is vital. And making the advisers
accountable for the schemes they | 0:20:21 | 0:20:29 | |
invent and market is central to the
campaign to destroy tax avoidance. | 0:20:29 | 0:20:34 | |
The government's measures represent
one small step in the right | 0:20:34 | 0:20:41 | |
direction. But the small print
suggests that very few, if any, will | 0:20:41 | 0:20:47 | |
get caught by the legislation. The
definitions are too narrow and the | 0:20:47 | 0:20:52 | |
penalties too weak. They have been
brought in so the government can | 0:20:52 | 0:20:55 | |
claim it is acting. But until
advisers are really brought to | 0:20:55 | 0:20:59 | |
account and properly punished for
inventing schemes that are surely | 0:20:59 | 0:21:04 | |
aimed at avoiding tax, the army of
lawyers, accountants and bankers | 0:21:04 | 0:21:07 | |
will continue to prosper. If the
government is serious about packing | 0:21:07 | 0:21:12 | |
avoidance, it must act strongly on
the illegitimate practices of those | 0:21:12 | 0:21:15 | |
who make a huge living out of
peddling tax avoidance advice. It is | 0:21:15 | 0:21:24 | |
a very powerful case. Does she agree
that another area that has to be | 0:21:24 | 0:21:28 | |
improved is the approach of
prosecuting authorities? When we put | 0:21:28 | 0:21:33 | |
legislation on the statute book,
what is striking is how seldom that | 0:21:33 | 0:21:39 | |
legislation is Excilly proceeded
with by the prosecuting authorities | 0:21:39 | 0:21:41 | |
in this country. I agree with that
entirely. I'm now going to make | 0:21:41 | 0:21:48 | |
progress, otherwise I'll take up too
much time. Over half of the Appleby | 0:21:48 | 0:21:51 | |
offices are located in British tax
havens. Over half of the entity is | 0:21:51 | 0:21:57 | |
exposed in the Panama papers were
incorporated in just one UK tax | 0:21:57 | 0:22:02 | |
haven, the British Virgin Islands.
Estimates of the wealth held in this | 0:22:02 | 0:22:06 | |
tax haven by their nature difficult
to verify, but they vary from | 0:22:06 | 0:22:14 | |
trillion to a figure of 32 trillion.
-- trillion to a figure of 32 | 0:22:14 | 0:22:21 | |
trillion. Does she agree that
Britain has a unique leadership role | 0:22:21 | 0:22:26 | |
in the light of what he said and the
developing countries lose around 100 | 0:22:26 | 0:22:29 | |
billion, between 100 billion to 160
billion, of lost income a year? | 0:22:29 | 0:22:35 | |
Imagine what we could do to tackle
poverty. I agree with that very | 0:22:35 | 0:22:39 | |
powerful point that she has made. | 0:22:39 | 0:22:45 | |
Unbelievable sums of money I hidden
in these jurisdictions. It is | 0:22:45 | 0:22:48 | |
impossible to measure how much tax
is lost by the presence of tax | 0:22:48 | 0:22:54 | |
havens but it does run into hundreds
of millions of pounds per year. We | 0:22:54 | 0:22:59 | |
know developing countries lose three
times as much in tax avoidance as | 0:22:59 | 0:23:03 | |
they gain from global investment in
international aid. Our tax havens | 0:23:03 | 0:23:12 | |
acting as a jurisdiction is central
to much of the tax avoidance. We | 0:23:12 | 0:23:16 | |
cannot continue to pretend we are
leading the international fight | 0:23:16 | 0:23:19 | |
against tax avoidance and evasion
when what we do and what we failed | 0:23:19 | 0:23:27 | |
to do is allowing tax avoidance to
prosper. It is also money | 0:23:27 | 0:23:35 | |
laundering, bribery, corruption and
other financial crime prospering | 0:23:35 | 0:23:37 | |
through the secrecy we allow to
prevail. Our failure to tackle our | 0:23:37 | 0:23:42 | |
tax havens, weak regulatory regimes
and some tax rules means we are now | 0:23:42 | 0:23:48 | |
seen as the country of choice for
criminals as well as tax avoidance | 0:23:48 | 0:23:54 | |
and evaders, as they look to hide
their money and minimise their tax | 0:23:54 | 0:23:59 | |
bills. We need our government to
hold to the commitment made by the | 0:23:59 | 0:24:05 | |
Prime Minister and Chancellor in
2013-14. They understood | 0:24:05 | 0:24:09 | |
transparency was the key. We need
public registers of beneficial | 0:24:09 | 0:24:15 | |
ownership showing who owns what and
where. That would undermine at a | 0:24:15 | 0:24:20 | |
stroke so much. Would Bono have
invested in tax havens if he thought | 0:24:20 | 0:24:25 | |
we would all know? Would Lewis
Hamilton have created a complex | 0:24:25 | 0:24:29 | |
structure of companies to avoid VAT?
Would the actors in Mrs Brown 's | 0:24:29 | 0:24:36 | |
boys hide their earnings in
artificial financial structures if | 0:24:36 | 0:24:39 | |
they thought we would find out? The
answer is no. David Cameron | 0:24:39 | 0:24:43 | |
understood that when he told the UK
tax savings to Riverside, I quote, | 0:24:43 | 0:24:49 | |
the cloak of secrecy, in 2013. --
rip aside. He urged consultation on | 0:24:49 | 0:24:56 | |
a public registry vital to meeting
the urgent challenge of finance and | 0:24:56 | 0:25:01 | |
tax evasion. When in 2015 he
proclaimed "If we want to break the | 0:25:01 | 0:25:09 | |
best is a model of stealing money
and hiding it in places where it | 0:25:09 | 0:25:12 | |
cannot be seen, transparency is the
answer". In the last two years the | 0:25:12 | 0:25:20 | |
Government has watered down that
commitment to public registers in | 0:25:20 | 0:25:22 | |
British tax savings. Now we hear
ministers say we had to wait for | 0:25:22 | 0:25:28 | |
other countries to go first. Their
proper call for international action | 0:25:28 | 0:25:32 | |
on transparency has become the lame
excuse for inaction in our own | 0:25:32 | 0:25:37 | |
territory. Mr Speaker, we should
lead by example. We should | 0:25:37 | 0:25:44 | |
demonstrate how transparency can and
does change behaviour. We should | 0:25:44 | 0:25:49 | |
compel overseas territories and
Crown dependencies to publish public | 0:25:49 | 0:25:54 | |
registers in all their territory. In
the past, a Conservative government | 0:25:54 | 0:25:59 | |
has used powers to outlaw capital
punishment in our Crown dependencies | 0:25:59 | 0:26:03 | |
and overseas territory. A Labour
government used the same power to | 0:26:03 | 0:26:08 | |
outlaw discrimination against gay
people. Today we should work | 0:26:08 | 0:26:13 | |
together to outlaw the secrecy of
these jurisdictions which leads to | 0:26:13 | 0:26:17 | |
massive tax injustice. Nothing-macro
shows the problems created by | 0:26:17 | 0:26:23 | |
secrecy are much larger and more
complex than we thought possible. -- | 0:26:23 | 0:26:29 | |
the Paradise Papers. We should
support behaviours in transforming | 0:26:29 | 0:26:40 | |
economies so hidden wealth,
unsavoury people and questionable | 0:26:40 | 0:26:43 | |
financial practices are stopped. I
cannot think of one good reason not | 0:26:43 | 0:26:48 | |
to do this and to do it now. There
is more that we can do right now. It | 0:26:48 | 0:26:54 | |
simply requires the Government to
have the political will. They will | 0:26:54 | 0:27:00 | |
certainly have the support of the
whole house and the whole country if | 0:27:00 | 0:27:04 | |
they demonstrate by their action,
not words, that they will work to | 0:27:04 | 0:27:10 | |
stamp out tax avoidance. We can and
should implement the legislation | 0:27:10 | 0:27:15 | |
requiring multinational companies to
report their activity and profits on | 0:27:15 | 0:27:19 | |
a country by country basis. The
legislation would be successfully | 0:27:19 | 0:27:24 | |
steered through Parliament by my
honourable friend. We can and should | 0:27:24 | 0:27:27 | |
introduce right now the public
register of property ownership, | 0:27:27 | 0:27:32 | |
enacted before the general election,
promoted by transparency and | 0:27:32 | 0:27:39 | |
supported by members of the
all-party Parliamentary on | 0:27:39 | 0:27:42 | |
anti-corruption. Nobody knows why
this legislation has not been | 0:27:42 | 0:27:47 | |
implemented. It is a key element in
the fight against corruption, | 0:27:47 | 0:27:51 | |
avoidance and evasion. We should
properly resource HMRC right now so | 0:27:51 | 0:27:58 | |
they are capable of pursuing all
those who look to avoid tax, not | 0:27:58 | 0:28:02 | |
just small businesses, who are an
easy target and can be stopped with | 0:28:02 | 0:28:08 | |
little effort. Every pound invested
in HMRC enforcement yields £97 in | 0:28:08 | 0:28:14 | |
additional tax revenue. It is a
no-brainer that we should strengthen | 0:28:14 | 0:28:21 | |
the HMRC and reverse some of the
cuts. The Paradise Papers have | 0:28:21 | 0:28:27 | |
played tax avoidance back at the
heart of the political agenda and | 0:28:27 | 0:28:30 | |
back at the top of the list of
public concerns. The government | 0:28:30 | 0:28:35 | |
needs to grasp the moment to act.
They have an opportunity to do so in | 0:28:35 | 0:28:39 | |
the budget next week. Britain will
never get rich on dirty money. | 0:28:39 | 0:28:45 | |
Public services cannot function if
the most wealthy individuals and the | 0:28:45 | 0:28:49 | |
most powerful companies deliberately
avoid paying their fair share | 0:28:49 | 0:28:53 | |
towards the cost of those services.
This government will not be forgiven | 0:28:53 | 0:28:58 | |
if it fails to heed the lessons we
can all learn from the Paradise | 0:28:58 | 0:29:02 | |
Papers. Proper transparency will
come. The government can choose | 0:29:02 | 0:29:08 | |
whether it leads the changes needed,
or if you would like to be dragged | 0:29:08 | 0:29:12 | |
kicking and screaming it in
fermenting essential reform. I hope | 0:29:12 | 0:29:18 | |
they will listen, learn and act. --
in in fermenting. The question is | 0:29:18 | 0:29:23 | |
has on the order paper. I call Mel
stride. Financial Secretary to the | 0:29:23 | 0:29:30 | |
Treasury. Can I begin, Mr Speaker,
by congratulating the right | 0:29:30 | 0:29:36 | |
honourable lady on securing this
important debate? She has campaigned | 0:29:36 | 0:29:41 | |
vigorously on these issues over many
years and has certainly been active | 0:29:41 | 0:29:45 | |
in the past week. I responded to an
urgent question also in terms of the | 0:29:45 | 0:29:51 | |
isle of man and an adjournment
debate last week and now of course | 0:29:51 | 0:29:55 | |
in this debate, as well. She said
tax and tax avoidance was one of | 0:29:55 | 0:30:01 | |
those matters which should not be
dividing us and I believe she is | 0:30:01 | 0:30:06 | |
right. It seems to me in the various
iterations of this debate she and I | 0:30:06 | 0:30:10 | |
have had across the dispatch box
there is a great deal in which we | 0:30:10 | 0:30:14 | |
can be united rather than divided.
Not least on the shared view across | 0:30:14 | 0:30:19 | |
this House and certainly on my side,
Mr Speaker, that aggressive tax | 0:30:19 | 0:30:23 | |
avoidance and evasion are utterly
wrong. They are wrong for the | 0:30:23 | 0:30:29 | |
reasons she has given. Because those
who pay tax fairly should not be | 0:30:29 | 0:30:32 | |
penalised by virtue of the fact some
do not paid fairly. We also know, as | 0:30:32 | 0:30:40 | |
she has pointed out, tax is
necessary to fund vital public | 0:30:40 | 0:30:45 | |
services. It is entirely wrong that
those aggressively evading or | 0:30:45 | 0:30:51 | |
avoiding tax put pressure on public
services, the NHS, doctors and | 0:30:51 | 0:30:54 | |
nurses. I will give way to the
honourable member. Under the last | 0:30:54 | 0:31:02 | |
government there was an appointment
made as an anti-corruption czar by | 0:31:02 | 0:31:06 | |
the former Prime Minister. I'm
wondering who the anti-corruption | 0:31:06 | 0:31:12 | |
czar is under the current
government. That is a matter I will | 0:31:12 | 0:31:17 | |
get back to. If I can make a little
progress... We know tax is | 0:31:17 | 0:31:24 | |
important. Clearly for public
services. And we know, has the lady | 0:31:24 | 0:31:31 | |
has quite rightly stressed, it is
important the Government acts and is | 0:31:31 | 0:31:37 | |
seen to act when we come across
aggressive tax avoidance and | 0:31:37 | 0:31:40 | |
evasion. As my friends on this side
of the House have eloquently pointed | 0:31:40 | 0:31:48 | |
out, we have a very strong track
record in that regard. We have ways. | 0:31:48 | 0:31:56 | |
£160 billion in additional revenue
as a consequence of clamping down on | 0:31:56 | 0:31:59 | |
tax avoidance, evasion and
noncompliance since 2010. We have | 0:31:59 | 0:32:06 | |
brought in... Let me make this
point, we have also brought in £2.8 | 0:32:06 | 0:32:13 | |
billion tracking down those who have
looked to inappropriately hide their | 0:32:13 | 0:32:17 | |
finances in overseas tax
jurisdictions. We brought in £28.9 | 0:32:17 | 0:32:24 | |
billion in additional compliance in
the last 12 months alone. This is | 0:32:24 | 0:32:30 | |
the most telling point, because the
honourable lady is rightly critical | 0:32:30 | 0:32:35 | |
of the last Labour government in
terms of their performance. She | 0:32:35 | 0:32:39 | |
raised it this afternoon and also
the same point in an adjournment | 0:32:39 | 0:32:42 | |
debate last week. If we look at the
tax gap currently between what we | 0:32:42 | 0:32:49 | |
could potentially bring in by way of
taxation and what we actually do is | 0:32:49 | 0:32:52 | |
6%. It is a historic low. A world
beating figure. If we had today the | 0:32:52 | 0:33:00 | |
average tax gap that was pertinent
under the last Labour government we | 0:33:00 | 0:33:06 | |
would be £45 billion less in the
exchequer as a consequence. That is | 0:33:06 | 0:33:15 | |
£45 billion not therefore vital
public services which the right | 0:33:15 | 0:33:18 | |
Honourable lady is keen to discuss.
I think the honourable gentleman is | 0:33:18 | 0:33:24 | |
first. I thank the Minister for
giving way. Can he confirm HMRC | 0:33:24 | 0:33:31 | |
inform the commercial services union
that in 2017 the equivalent of | 0:33:31 | 0:33:37 | |
17,000 years of staff experience is
leaving the department? How will | 0:33:37 | 0:33:41 | |
that help the Government record
going forward in dealing with tax | 0:33:41 | 0:33:43 | |
evasion and avoidance? I thank him
for raising the issue in HMRC. We | 0:33:43 | 0:33:50 | |
have a very good record in that
regard. 1.8 billion invested in HMRC | 0:33:50 | 0:33:56 | |
since 2010, in which 800 million
will relate to the period after | 0:33:56 | 0:34:04 | |
2015, bringing in £7.2 billion by
2020 - 21. We will triple the number | 0:34:04 | 0:34:13 | |
of investigations into the wealthy
to make sure they are indeed paying | 0:34:13 | 0:34:15 | |
the appropriate level of tax, as a
direct consequence of that | 0:34:15 | 0:34:21 | |
additional investment. I will give
way. The Minister is very kind. Can | 0:34:21 | 0:34:26 | |
he explain to the housewife only 420
HMRC staff are engaged in chasing | 0:34:26 | 0:34:34 | |
tax avoidance and get ten times that
number of civil servants are engaged | 0:34:34 | 0:34:38 | |
in benefit fraud in the DWP? I
challenge the honourable member's | 0:34:38 | 0:34:44 | |
actual figure. It is a far larger
number than the figure he suggested | 0:34:44 | 0:34:53 | |
which are engaged in clamping down
on tax avoidance. For example, in | 0:34:53 | 0:34:59 | |
the 2100 largest corporations in
this country, around 50% are under | 0:34:59 | 0:35:03 | |
investigation not necessarily for
doing anything wrong, but because | 0:35:03 | 0:35:06 | |
they have complex tax affairs at any
one time. I will give way to the | 0:35:06 | 0:35:12 | |
honourable member again. Can he
confirm to the House he has answered | 0:35:12 | 0:35:18 | |
the question yesterday saying that
there are 522 employees in the | 0:35:18 | 0:35:22 | |
network union in 2017 and that
compares with 4045 full-time | 0:35:22 | 0:35:30 | |
equivalents in DWP chasing Social
Security? On this issue of the tax | 0:35:30 | 0:35:37 | |
take from the wealthiest in this
country, this government has an | 0:35:37 | 0:35:40 | |
exemplary record. Of the wealthiest
1%, they pay around 20% of all | 0:35:40 | 0:35:47 | |
income tax. Under the last Labour
government it was below 24%. I will | 0:35:47 | 0:35:54 | |
not take any lectures from the party
opposite. | 0:35:54 | 0:35:57 | |
She has a question about the tax
gap... I will give way to the | 0:36:00 | 0:36:03 | |
honourable member. He is right to
point out HMRC do a very good job in | 0:36:03 | 0:36:09 | |
terms of collection of tax in this
country but it does not mean it | 0:36:09 | 0:36:12 | |
cannot do better. With the Minister
agree that the way in which the tax | 0:36:12 | 0:36:17 | |
take is identified and it is based
on what we think should be paid in | 0:36:17 | 0:36:22 | |
tax, it is not deal with Google,
Amazon, Starbucks and others, who | 0:36:22 | 0:36:28 | |
hides tags and it is not computed
into the actual tax we should take | 0:36:28 | 0:36:31 | |
and therefore the delivery of a tax
gap? I am pleased she has raised the | 0:36:31 | 0:36:37 | |
issue. The robustness of this figure
is extremely high. The IMF said it | 0:36:37 | 0:36:42 | |
is one of the highest standards in
the world. It is audited and agreed | 0:36:42 | 0:36:47 | |
by the National audit office and
made public in the HMRC annual | 0:36:47 | 0:36:50 | |
report and accounts. I will give way
to my honourable friend. I thank him | 0:36:50 | 0:36:58 | |
for giving way. He rightly talks
about the need for the wealthiest to | 0:36:58 | 0:37:02 | |
pay their fair share. Does he agree
one of the most obscene things under | 0:37:02 | 0:37:06 | |
the last Labour government was
cleaners have to pay more tax man | 0:37:06 | 0:37:10 | |
hedge fund owners that employed them
and a Conservative government closed | 0:37:10 | 0:37:14 | |
the so-called Mayfair loophole? My
honourable friend is entirely right. | 0:37:14 | 0:37:23 | |
It is this government that has
raised the personal allowance to | 0:37:23 | 0:37:27 | |
11,500, taking 3-4,000,000 has a tax
altogether. This government brought | 0:37:27 | 0:37:33 | |
in the National Living Wage. This
government will go on to make sure | 0:37:33 | 0:37:38 | |
those with the broadest shoulders
will pay their fair share. I will | 0:37:38 | 0:37:42 | |
give way to the honourable member. | 0:37:42 | 0:37:48 | |
Does the honourable member agree
that the HMRC would be serving this | 0:37:48 | 0:37:52 | |
government and the people in the
United Kingdom better by challenging | 0:37:52 | 0:37:55 | |
those who bend the rules rather than
finding my law-abiding constituent | 0:37:55 | 0:38:02 | |
Sheila £1600 for a £100 -- £135
yearly tax bill when all she failed | 0:38:02 | 0:38:08 | |
to do was press enter at the end of
the form? The honourable lady raises | 0:38:08 | 0:38:13 | |
a very important point, which brings
me onto my next point. There is an | 0:38:13 | 0:38:18 | |
assumption on the opposition benches
that somehow nothing is being done | 0:38:18 | 0:38:22 | |
about these various issues. The
right honourable lady, the lady -- | 0:38:22 | 0:38:28 | |
the member from parking, referred to
one of the instances in the Panama | 0:38:28 | 0:38:33 | |
papers were some income had been
diverted overseas and then loaned | 0:38:33 | 0:38:37 | |
back to individuals, which is known
as disguised remuneration. And quite | 0:38:37 | 0:38:42 | |
rightly she has asked the question,
what is the government doing about | 0:38:42 | 0:38:46 | |
those circumstances? Pointer to the
Finance Bill that has just gone | 0:38:46 | 0:38:49 | |
through this house. -- I pointer.
People will be given until 2019 to | 0:38:49 | 0:39:00 | |
clear up those arrangements or they
will pay the penalty. I will make a | 0:39:00 | 0:39:03 | |
little more progress. I am conscious
of time and the shortness of the | 0:39:03 | 0:39:07 | |
debate. There are other issues were
in fact we have brought in 75 | 0:39:07 | 0:39:11 | |
measures since 2010 to clamp down on
these measures. A further 35 will, | 0:39:11 | 0:39:18 | |
growing from 2015, raising £18.5
billion by 2020 - 2021. One of the | 0:39:18 | 0:39:26 | |
problems is we have been so active
in bringing in so many measures that | 0:39:26 | 0:39:30 | |
unfortunately not all of them have
been noticed. The right | 0:39:30 | 0:39:33 | |
honourable... I will finish this
point and I will give way. The right | 0:39:33 | 0:39:38 | |
honourable lady, the member for
barking, raised, for example, the | 0:39:38 | 0:39:44 | |
issue of taking action. She razored
last week in the debate. Taking | 0:39:44 | 0:39:49 | |
action against those who promote
these tax avoidance schemes. Once | 0:39:49 | 0:39:53 | |
again in the Finance Bill. All 777
pages of it, very technical, it will | 0:39:53 | 0:40:01 | |
probably put you to sleep that
night, but within it there are | 0:40:01 | 0:40:04 | |
measures to deal with precisely what
she was urging us to take action on | 0:40:04 | 0:40:09 | |
last week. We have already done it.
I give way. Whilst I congratulate | 0:40:09 | 0:40:18 | |
the government on specific changes
it has made, as not the biggest | 0:40:18 | 0:40:23 | |
change being the general Anti-Abuse
Rule which catches a number of these | 0:40:23 | 0:40:28 | |
schemes and allows governments to
look at what is tax avoidance, | 0:40:28 | 0:40:35 | |
aggressive avoidance, which
therefore becomes invasion, which is | 0:40:35 | 0:40:37 | |
illegal? -- evasion. My friend is
entirely right. The rule has had | 0:40:37 | 0:40:46 | |
significant impact. It was brought
in under this government. It is very | 0:40:46 | 0:40:49 | |
effective. There is a certain irony
in the fact the opposition profess | 0:40:49 | 0:40:55 | |
the importance of some of these
measures, some of which have already | 0:40:55 | 0:40:58 | |
been brought into law. The irony is
that when it came to the third | 0:40:58 | 0:41:07 | |
reading of the Finance Bill which
brought these things in, the | 0:41:07 | 0:41:10 | |
opposition voted against them. I
will give way. I thank the Minister. | 0:41:10 | 0:41:16 | |
The fact remains though that there
is at least £30 billion of | 0:41:16 | 0:41:22 | |
uncollected tax. It could be up to
120 billion. Wouldn't it be better | 0:41:22 | 0:41:32 | |
if we were to invest in and not cut
tax offices, and go after that | 0:41:32 | 0:41:40 | |
multi-billion pound tax gap? Going
after the tax gap, which is what | 0:41:40 | 0:41:45 | |
this government is doing, and we
have an exemplary record, the lowest | 0:41:45 | 0:41:49 | |
tax gap in the world, the lowest in
history, far lower than under the | 0:41:49 | 0:41:53 | |
last government... As her tax
offices, we need to move to an HMRC | 0:41:53 | 0:42:00 | |
which is ready and equipped for the
21st century. That doesn't mean a | 0:42:00 | 0:42:03 | |
large number of scattered offices.
It means offices where the technical | 0:42:03 | 0:42:07 | |
skills are there, where the staff is
there. Where knowledge and | 0:42:07 | 0:42:14 | |
understanding can be facilitated to
move forward. I will make some | 0:42:14 | 0:42:17 | |
progress. I am aware this is just a
two-hour debate. Many wish to speak. | 0:42:17 | 0:42:26 | |
Mr Speaker, we have covered the
issue of the various measures that | 0:42:26 | 0:42:28 | |
we have taken. We have covered the
issue of the huge investment we have | 0:42:28 | 0:42:32 | |
made an HMRC. Haps I can now turn to
the international aspects, where we | 0:42:32 | 0:42:36 | |
all agree that we need to look
closely at what is happening in the | 0:42:36 | 0:42:41 | |
international sphere. This
government has a record of which it | 0:42:41 | 0:42:45 | |
can be proud. Through the OECD we
have been at the vanguard, in the | 0:42:45 | 0:42:49 | |
vanguard of the base erosion of
profit shifting project. We have | 0:42:49 | 0:42:53 | |
worked very closely with the Crown
Dependencies and overseas | 0:42:53 | 0:42:56 | |
territories. We brought in a
diverted profits tax that will raise | 0:42:56 | 0:43:00 | |
1.3 billion by 2019, common
reporting standards to ensure | 0:43:00 | 0:43:05 | |
information is exchanged to around
100 different countries, a directory | 0:43:05 | 0:43:11 | |
of beneficial ownership, which is
accessible by HMRC, the body, the | 0:43:11 | 0:43:15 | |
authority that needs to have that
information. This is a game changer. | 0:43:15 | 0:43:21 | |
It has happened within the last
couple of years. Many of those items | 0:43:21 | 0:43:25 | |
and issues arising from the Paradise
Papers go back very, very many | 0:43:25 | 0:43:28 | |
years. But these actions are in
position right now. Can I make one | 0:43:28 | 0:43:36 | |
important point? On the issue of
transparency... The Right Honourable | 0:43:36 | 0:43:44 | |
member talks about transparency. I
asked her at the last debate last | 0:43:44 | 0:43:47 | |
week if, when it comes to that --
those 13 million files, which she | 0:43:47 | 0:43:54 | |
join me in calling upon them to
release that information to HMRC so | 0:43:54 | 0:43:57 | |
that we can go after anybody who, as
a consequence of that data release, | 0:43:57 | 0:44:04 | |
has been abusive in terms of our tax
system? Will see support us? -- will | 0:44:04 | 0:44:11 | |
see support us. It is not in the
gift of the Guardian or Panorama to | 0:44:11 | 0:44:19 | |
release those papers. They are not
able to do so. What I actually asked | 0:44:19 | 0:44:24 | |
is whether the right honourable lady
would join me in calling for them to | 0:44:24 | 0:44:29 | |
release that information, which is a
slightly different question, and I'm | 0:44:29 | 0:44:33 | |
happy to give way if she would like
to tell us yes or no. Order. Stop | 0:44:33 | 0:44:40 | |
the clock. There is far too much
noise in this chamber. I say very | 0:44:40 | 0:44:44 | |
gently to the Parliamentary Private
secretary, don't do it. You may | 0:44:44 | 0:44:50 | |
think you are being clever. It
doesn't enhance your application as | 0:44:50 | 0:44:53 | |
a parliamentarian in the end. Please
don't do it. It's juvenile, the | 0:44:53 | 0:44:59 | |
public despise it and I have no
patients for it. Dame Margaret | 0:44:59 | 0:45:05 | |
Hodge. -- patience. I would
certainly join the Minister in | 0:45:05 | 0:45:13 | |
seeking any documentation HMRC
require to pursue those guilty of | 0:45:13 | 0:45:16 | |
avoidance bird evasion. I would say
to the Minister that when I have | 0:45:16 | 0:45:21 | |
given papers to HMRC in the past,
whether about Google or others, they | 0:45:21 | 0:45:28 | |
disappear and no action appears to
be taken. I will take that as a yes | 0:45:28 | 0:45:34 | |
and that we can work together to try
and see that that information is | 0:45:34 | 0:45:38 | |
provided to HMRC. I can see no
reasonable reason why it should not. | 0:45:38 | 0:45:44 | |
I will give way. I very much agree
with my rival harbour front. Will he | 0:45:44 | 0:45:54 | |
confirm that in recent years, made
-- well after many of these papers, | 0:45:54 | 0:46:02 | |
Crown Dependencies have fully
cooperated with the UK in relation | 0:46:02 | 0:46:05 | |
to all tax transparency, all OECD
measures, and have the same | 0:46:05 | 0:46:09 | |
transparency ratings as the United
States, Germany and other Western | 0:46:09 | 0:46:13 | |
democracies? I thank him for that
intervention. We have automatic | 0:46:13 | 0:46:20 | |
access in terms of corruption
enquiries to are Crown Dependencies | 0:46:20 | 0:46:25 | |
in overseas territories as a result
of that cooperation. I recognise how | 0:46:25 | 0:46:31 | |
important this issue as to the
public and it is of critical | 0:46:31 | 0:46:34 | |
importance to this government. UK
tax authorities have more | 0:46:34 | 0:46:37 | |
information and more power than ever
before to clamp down on evasion and | 0:46:37 | 0:46:41 | |
avoidance because of the actions of
the government, actions the | 0:46:41 | 0:46:44 | |
government she was part of and
failed to take. I conclude with the | 0:46:44 | 0:46:49 | |
words of the right honourable lady,
the member for Berkin, made in last | 0:46:49 | 0:46:54 | |
week's adjournment debate she has,
and I quote, never depended the | 0:46:54 | 0:47:01 | |
record of the Labour government in
this area. That speaks directly to | 0:47:01 | 0:47:04 | |
the heart of this issue. An apparent
legacy of tax abuses going back many | 0:47:04 | 0:47:10 | |
years, framed by the inaction of the
party opposite. And it speaks to the | 0:47:10 | 0:47:15 | |
core of Labour's approach to the
world, that the opportunity lies | 0:47:15 | 0:47:20 | |
always in the criticism and the
derision rather than in action and | 0:47:20 | 0:47:23 | |
justice. It is this government that
is acting. It is this government | 0:47:23 | 0:47:29 | |
that will continue to leave no stone
unturned in the pursuit of those who | 0:47:29 | 0:47:34 | |
seek to duck their responsibilities
at the expense of us all. Whenever | 0:47:34 | 0:47:38 | |
and wherever it is found, this
government will continue to bring | 0:47:38 | 0:47:41 | |
the avoiders, the evaders, the
noncompliant, to book. Order. Both | 0:47:41 | 0:47:49 | |
the Right Honourable member for
Barking and the financial Secretary | 0:47:49 | 0:47:54 | |
to the Treasury, characteristically
courteously, gave way extensively. | 0:47:54 | 0:47:57 | |
They are not being criticised for
that. But I simply draw attention to | 0:47:57 | 0:48:01 | |
the limited time available for the
debate and ask those speaking from | 0:48:01 | 0:48:05 | |
the front bench to be extremely
sparing in their remarks. First | 0:48:05 | 0:48:11 | |
responsibility for brevity is that
of the honourable member for Bootle, | 0:48:11 | 0:48:14 | |
Mr Peter Dowd.
I will try and take that suggestion | 0:48:14 | 0:48:18 | |
on board rather than a direction.
The minister identifies what should | 0:48:18 | 0:48:27 | |
be done. I'll tell you what should
be done. Labour's tax enforcement | 0:48:27 | 0:48:33 | |
programme, it says an immediate
public enquiry into avoidance, | 0:48:33 | 0:48:35 | |
greater scrutiny of MPs, create a
specialist tax enforcement unit, | 0:48:35 | 0:48:40 | |
public filing of large company tax
returns, of the tax returns of | 0:48:40 | 0:48:44 | |
wealthy individuals earning more
than £1 million. No public contracts | 0:48:44 | 0:48:51 | |
Froch tax avoidance, repatriate
contracts parked in tax havens, | 0:48:51 | 0:48:54 | |
public contract transparency, a
register of ownership of companies, | 0:48:54 | 0:48:59 | |
a register of trusts, a general tax
avoidance rule principle, strict | 0:48:59 | 0:49:06 | |
minimal standards for Crown
Dependencies and overseas | 0:49:06 | 0:49:08 | |
territories, create an offshore
companies levy, full country by | 0:49:08 | 0:49:14 | |
country reporting. A comprehensive
proposal by Labour to begin with. I | 0:49:14 | 0:49:20 | |
think the Shadow Minister forgiving
way. Would he agree with me that | 0:49:20 | 0:49:23 | |
there is an army of facilitators
around tax avoidance, including, | 0:49:23 | 0:49:28 | |
sadly, the four big accountancy
firms often based just a mile down | 0:49:28 | 0:49:31 | |
the road in the Square mile? My
honourable friend makes an important | 0:49:31 | 0:49:38 | |
point. What goes to the heart of
this is the question of | 0:49:38 | 0:49:42 | |
transparency. We have the bizarre
situation that when I was on | 0:49:42 | 0:49:46 | |
Newsnight last week, and the chair,
the chairman of the Cayman Islands | 0:49:46 | 0:49:53 | |
stock exchange was on the programme
as well... What an insouciant | 0:49:53 | 0:49:58 | |
attitude of that man had to tax
avoidance. Mr Speaker, he actually | 0:49:58 | 0:50:08 | |
said, there hadn't been any
wrongdoing. Maybe not. What he did | 0:50:08 | 0:50:13 | |
do was he called for the journalist
to be jailed that is what he did. | 0:50:13 | 0:50:19 | |
That is what he did. He called for
the journalist to be jailed. And | 0:50:19 | 0:50:23 | |
that is the position we find
ourselves in. I am going to take the | 0:50:23 | 0:50:29 | |
suggestion, otherwise it will be an
admonition from the Speaker, to push | 0:50:29 | 0:50:33 | |
on. Then I will take some
interventions. I hope that members | 0:50:33 | 0:50:38 | |
across this House will join with me
in condemning those responsible and | 0:50:38 | 0:50:42 | |
offensive comments. All of us or a
debt of gratitude to the | 0:50:42 | 0:50:48 | |
hard-working and diligent
journalists involved to have | 0:50:48 | 0:50:50 | |
demonstrated the importance of a
free press, holding the wealthiest | 0:50:50 | 0:50:54 | |
and most powerful individuals and
multinationals to account. To be | 0:50:54 | 0:50:59 | |
clear, we are talking about tax
avoidance, which covers activities | 0:50:59 | 0:51:03 | |
within the law. But that work
against its effective application. | 0:51:03 | 0:51:11 | |
Most of the people and cases
involved have not broken any law or | 0:51:11 | 0:51:15 | |
acted in a criminal way. That does
not make tax avoidance acceptable | 0:51:15 | 0:51:19 | |
are justifiable in the 21st century.
After all, as has been identified, | 0:51:19 | 0:51:24 | |
tax avoidance costs of us all. Every
pound avoided is taken from her | 0:51:24 | 0:51:33 | |
children's education, from our armed
Forces, the very people who protect | 0:51:33 | 0:51:37 | |
us. From the elderly and disabled.
Even if we were to look, as we -- as | 0:51:37 | 0:51:43 | |
has been identified, at the
Conservative figures published on | 0:51:43 | 0:51:50 | |
tax avoidance, 12.8 billion was lost
to the Exchequer because of tax | 0:51:50 | 0:51:57 | |
avoidance. That is not acceptable.
And frankly, the question about what | 0:51:57 | 0:52:01 | |
a Labour government did in the past,
people have a view about that. | 0:52:01 | 0:52:06 | |
People think it was much better than
the Tories overall. I'm not going | 0:52:06 | 0:52:10 | |
there. The question arises as to
what... I referred the honourable | 0:52:10 | 0:52:15 | |
gentleman to the financial Times, Mr
Speaker. With the greatest of | 0:52:15 | 0:52:19 | |
respect to the honourable gentleman,
I'm not his research. I'm sure he is | 0:52:19 | 0:52:22 | |
capable of doing that. I'll give
way. I thank you. Does he accept | 0:52:22 | 0:52:29 | |
that if the tax gap we have now was
at the same level it had been on | 0:52:29 | 0:52:34 | |
average on the Labour, that our
deficit would be £12 billion higher? | 0:52:34 | 0:52:41 | |
My honourable friend behind me says,
move on. And I think she is | 0:52:41 | 0:52:45 | |
absolutely right in relation to that
issue. I will reaffirm the point I | 0:52:45 | 0:52:52 | |
made in the Labour document. We have
got to push on with this debate. | 0:52:52 | 0:53:02 | |
It's no good talking about the past.
We want to talk about here and now | 0:53:02 | 0:53:07 | |
and the future. I will give way to
the honourable member. He does not | 0:53:07 | 0:53:15 | |
had to speak if he does not want to!
The tax gap is now 60%. It averaged | 0:53:15 | 0:53:22 | |
8% under Labour. If it was 8% as
then, we would have a bigger deficit | 0:53:22 | 0:53:27 | |
by £12 billion per year. -- the tax
gap now is 6%. I am not going to get | 0:53:27 | 0:53:38 | |
into that particular issue. No doubt
we will come back to this at the | 0:53:38 | 0:53:43 | |
time of the budget. I know you are
looking at me with those guys. And a | 0:53:43 | 0:53:49 | |
smile at the same time. I will move
on. Mr Speaker, while tax avoidance | 0:53:49 | 0:53:55 | |
is a global problem it is also a UK
problem. The UK accounts for 17% of | 0:53:55 | 0:54:01 | |
the global market for offshore
services. We are considered one of | 0:54:01 | 0:54:05 | |
the biggest if not the biggest
players in the global offshore | 0:54:05 | 0:54:08 | |
system of tax havens. Accounting for
some of the world's key tax havens, | 0:54:08 | 0:54:14 | |
Jersey, Guernsey, Isle of Man 's Tom
Bahama, isle of man, Kate Cross and | 0:54:14 | 0:54:20 | |
British Virgin Islands, all British
overseas territories and all | 0:54:20 | 0:54:25 | |
afforded the protection of the
British Government. Despite our | 0:54:25 | 0:54:30 | |
prominence as a country at the heart
of the network offshore tax havens | 0:54:30 | 0:54:33 | |
which helps tax avoidance across the
globe, the Government refuses to | 0:54:33 | 0:54:37 | |
lead the way in relation to tax
transparency. I keep using that | 0:54:37 | 0:54:42 | |
word. I will consistently use that
word, tax transparency. Thank you. | 0:54:42 | 0:54:53 | |
Would the Shadow Minister agree the
purchasing of a private jet, nearly | 0:54:53 | 0:54:58 | |
£17 million, setting up an offshore
leasing company, with the sole aim | 0:54:58 | 0:55:03 | |
of saving £3 million in VAT is an
affront to our public services. My | 0:55:03 | 0:55:10 | |
honourable friend is quite right. It
is shocking. The denial of those on | 0:55:10 | 0:55:18 | |
the Government benches is not
something new. In 2013 when the G8 | 0:55:18 | 0:55:24 | |
was pushing ahead with strict rules
to clamp down on tax avoidance, the | 0:55:24 | 0:55:28 | |
then Conservative Prime Minister
David Cameron was busy undermining | 0:55:28 | 0:55:33 | |
them, writing to the president of
the European Council demanding | 0:55:33 | 0:55:36 | |
offshore trusts were excluded. The
government record on tackling tax | 0:55:36 | 0:55:43 | |
avoidance is not all that it would
like it to be. Yes, I'm quite happy. | 0:55:43 | 0:55:49 | |
He is being generous with his time.
We all agree this has to be a | 0:55:49 | 0:55:53 | |
priority. He is focusing on our
record but why did the Labour Party | 0:55:53 | 0:55:58 | |
block the three measures we brought
forward by Chamakh it would have | 0:55:58 | 0:56:02 | |
been worth £8.6 billion vital to the
public services the listed earlier. | 0:56:02 | 0:56:09 | |
-- we brought forward? I am more
than happy to give the honourable | 0:56:09 | 0:56:20 | |
gentleman a narrative. Let's put it
like that. About the proceedings. If | 0:56:20 | 0:56:27 | |
he wishes I have more than happy to
talk to him outside. I think the | 0:56:27 | 0:56:31 | |
information he is getting from his
front bench is nonsense. I'm going | 0:56:31 | 0:56:36 | |
to close to give people an
opportunity, Mr Speaker. First we | 0:56:36 | 0:56:41 | |
had the Panama Papers. Now the
Paradise Papers. How many more tax | 0:56:41 | 0:56:48 | |
avoidance leaks will then need to be
before the Government acts? It is | 0:56:48 | 0:56:55 | |
clear we desperately need a public
enquiry into tax avoidance, the use | 0:56:55 | 0:56:58 | |
of onshore trusts and havens. The
government should listen to this | 0:56:58 | 0:57:02 | |
side of the House and people outside
the House, more importantly, and act | 0:57:02 | 0:57:07 | |
by introducing a public register of
offshore trusts and publishing the | 0:57:07 | 0:57:12 | |
information already provided to it
from overseas territories. It should | 0:57:12 | 0:57:16 | |
also stop cuts to HMRC and make sure
HMRC staff have the staff and | 0:57:16 | 0:57:22 | |
resources needed to enable it to
tackle tax avoidance. Mr Speaker, | 0:57:22 | 0:57:30 | |
this House should be reassured that
if this government continues to | 0:57:30 | 0:57:32 | |
ignore the problem and to act, I can
assure them of the Labour government | 0:57:32 | 0:57:39 | |
will. I draw the attention of the
House to my entry in the register of | 0:57:39 | 0:57:45 | |
members interests. I congratulate
the honourable lady on securing this | 0:57:45 | 0:57:49 | |
debate. She brings great expertise
and authority on these matters, not | 0:57:49 | 0:57:55 | |
least from her time on the PAC. Mr
Speaker, I think the most important | 0:57:55 | 0:58:01 | |
point for her to focus on this
afternoon is this is not a party | 0:58:01 | 0:58:06 | |
political issue. Although the right
honourable lady had some criticisms | 0:58:06 | 0:58:10 | |
of this government, criticisms of
the Government of which she was a | 0:58:10 | 0:58:16 | |
part, the only plausible criticism
in my judgment which can be made of | 0:58:16 | 0:58:19 | |
the current government is they need
to speed up some of the initiatives | 0:58:19 | 0:58:24 | |
they have already implemented. But
the Government has not done that in | 0:58:24 | 0:58:29 | |
respect of the overseas territories,
because we would rather these havens | 0:58:29 | 0:58:33 | |
took action themselves. And to be
fair, to some extent they have | 0:58:33 | 0:58:38 | |
already started doing so. In terms
of the actions taken by the | 0:58:38 | 0:58:43 | |
Government, David Cameron and George
Osborne led the international effort | 0:58:43 | 0:58:47 | |
at the G8 to clamp down on these
matters. Especially on tax avoidance | 0:58:47 | 0:58:52 | |
and evasion. We introduced publicly
accessible registers in the UK for | 0:58:52 | 0:58:58 | |
people with significant control. We
abolished anonymous shareholders. We | 0:58:58 | 0:59:04 | |
introduced very important
unexplained wealth orders. And the | 0:59:04 | 0:59:12 | |
anti-bribery law, first started
under John Major in Paris in 1995, | 0:59:12 | 0:59:16 | |
was finally introduced into this
country in 2011, after 13 years of | 0:59:16 | 0:59:22 | |
Labour government, by David Cameron.
Let's be clear that this government | 0:59:22 | 0:59:28 | |
has been taking action and has
raised an immense amount of extra | 0:59:28 | 0:59:32 | |
tax as a result. However, the time
has come, this is the third debate | 0:59:32 | 0:59:37 | |
in which I had taken part, to insist
on the same level of transparency | 0:59:37 | 0:59:44 | |
for the overseas territories as we
have in this country. These | 0:59:44 | 0:59:49 | |
territories gain hugely from their
relationship with the UK. As the | 0:59:49 | 0:59:54 | |
Government made clear in 2012, and I
quote, it is a matter of | 0:59:54 | 1:00:00 | |
constitutional law, the UK
Parliament has unlimited power to | 1:00:00 | 1:00:03 | |
legislate for these territories. I
give way. I am grateful to the | 1:00:03 | 1:00:09 | |
gentleman for giving way. He will go
from his considerable expertise on | 1:00:09 | 1:00:13 | |
international development that the
abuse of these sorts of offshore | 1:00:13 | 1:00:17 | |
schemes not only harm the British
taxpayer but also disadvantage some | 1:00:17 | 1:00:21 | |
of the poorest people in the world.
That is why the Government must | 1:00:21 | 1:00:25 | |
increase greater transparency in
Crown dependencies and overseas | 1:00:25 | 1:00:27 | |
territories. I am coming onto
exactly that point. The position of | 1:00:27 | 1:00:33 | |
the territories, like many members,
I have had visits from senior | 1:00:33 | 1:00:39 | |
ministers in virtually all of them,
the position of the territories is | 1:00:39 | 1:00:42 | |
best summed up by the prayer of
Saint Augustin, make me chaste, O | 1:00:42 | 1:00:49 | |
Lord, but not yet. They have
double-macro arguments. The first I | 1:00:49 | 1:00:54 | |
will call the Dutch Antilles
argument. -- they have two | 1:00:54 | 1:01:00 | |
arguments. They will head off to the
Dutch Antilles. There is a real | 1:01:00 | 1:01:05 | |
momentum around the world, thanks to
David Cameron and George Osborne, to | 1:01:05 | 1:01:09 | |
attack these unfair nurses. The
havens in bracing and open register | 1:01:09 | 1:01:16 | |
in my view will have an advantage
from being at the front of opening | 1:01:16 | 1:01:20 | |
up for what are billions of pounds
of legitimate business. The second | 1:01:20 | 1:01:26 | |
argument and this is one in a way I
think we must address head-on, is | 1:01:26 | 1:01:31 | |
they already provide the private
registers, they are available to | 1:01:31 | 1:01:35 | |
lawmakers and regulators like the
HMRC, and they proudly say they will | 1:01:35 | 1:01:41 | |
turn around enquiries from the HMRC
within a matter of hours. That is | 1:01:41 | 1:01:48 | |
very good but completely misses the
point, as this recent release of | 1:01:48 | 1:01:52 | |
information shows. Registers must be
open to the media, journalists, NGOs | 1:01:52 | 1:02:00 | |
and those people who can join up the
dots. The regulatory authorities are | 1:02:00 | 1:02:05 | |
not with the best will in the world
in that business. Narrow questions | 1:02:05 | 1:02:10 | |
jaunt from regulatory authorities do
not suffice. -- drawn from | 1:02:10 | 1:02:16 | |
regulatory authorities. My
honourable friend makes a fair | 1:02:16 | 1:02:23 | |
point. Will he accept that we should
not run all overseas territories | 1:02:23 | 1:02:27 | |
into the same basket? Some are much
more compliant than others. He makes | 1:02:27 | 1:02:32 | |
a very good point. I would like to
exclude Gibraltar from what I am | 1:02:32 | 1:02:38 | |
saying. Gibraltar is not an example
of what we are talking about. Time | 1:02:38 | 1:02:42 | |
is short. The final point I want to
make is the United Kingdom led on | 1:02:42 | 1:02:48 | |
point seven. Around the world the
United Kingdom is looks to for its | 1:02:48 | 1:02:53 | |
leadership on international
developer on. It is part of this | 1:02:53 | 1:02:56 | |
Parliament's identity. It is who we
are. It is part of global Britain. | 1:02:56 | 1:03:02 | |
We have an obligation, not least to
Oregon taxpayers, the champion | 1:03:02 | 1:03:07 | |
transparency and openness and have
zero tolerance towards corruption. | 1:03:07 | 1:03:14 | |
-- our own taxpayers. When we came
into government in 2010 the | 1:03:14 | 1:03:18 | |
Department for International
development led the way with | 1:03:18 | 1:03:20 | |
transparency guarantees. We
published openly all expenditure | 1:03:20 | 1:03:25 | |
above £500 on the Internet and it
may be a cliche, but sunlight is the | 1:03:25 | 1:03:31 | |
best disinfectant and that is at the
heart of what we are talking about | 1:03:31 | 1:03:34 | |
today. I am most grateful to him for
giving way and support what he is | 1:03:34 | 1:03:42 | |
saying. Will he agree with me that
actually the market for financial | 1:03:42 | 1:03:46 | |
services in the future is huge?
Jurisdiction with this transparency | 1:03:46 | 1:03:52 | |
is going to attract a loss of
business in the future exactly for | 1:03:52 | 1:03:55 | |
that reason. My honourable friend is
absolutely right. That was the first | 1:03:55 | 1:04:01 | |
of the two points I was making in
trying to tackle head-on the | 1:04:01 | 1:04:05 | |
counterargument sometimes but up by
some of the territories. In terms of | 1:04:05 | 1:04:09 | |
tackling corruption and having a
zero tolerance towards it, in 2010, | 1:04:09 | 1:04:16 | |
when I was responsible for these
matters, we targeted funding | 1:04:16 | 1:04:20 | |
specifically on to the city of
London police, who have some | 1:04:20 | 1:04:24 | |
expertise in pursuing and recovering
stolen funds. We should do as much | 1:04:24 | 1:04:28 | |
with that as we possibly can. I give
way. I agree with a great deal of | 1:04:28 | 1:04:33 | |
what he has said. Given the British
Virgin Islands in particular, the | 1:04:33 | 1:04:37 | |
majority of the economy is in
financial services, the islands have | 1:04:37 | 1:04:42 | |
been devastated in the hurricanes.
Is now the right time to impose on | 1:04:42 | 1:04:45 | |
the islanders rather than working
with them? He makes a fair point in | 1:04:45 | 1:04:52 | |
view of the current humanitarian
crisis which has afflicted the | 1:04:52 | 1:04:55 | |
British Virgin Islands. It is in
fact one of the most transparent is | 1:04:55 | 1:05:00 | |
of these havens. But I do not think
what I hope is a temporary crisis | 1:05:00 | 1:05:08 | |
should in any way mitigate the
argument I am making that maybe in a | 1:05:08 | 1:05:12 | |
short period of time but in a
defined period, these open registers | 1:05:12 | 1:05:15 | |
are absolutely essential. I was
talking about Britain's | 1:05:15 | 1:05:21 | |
international developer and
leadership and I finish on this | 1:05:21 | 1:05:23 | |
point... I will give way to the
honourable member. Earlier he said | 1:05:23 | 1:05:30 | |
the UK lead on point seven. They
were about 45 years later on the | 1:05:30 | 1:05:34 | |
agreement in 1970 and decades behind
Scandinavia. I do not see the | 1:05:34 | 1:05:39 | |
leadership. Will he come back on
that? He cannot get away with such a | 1:05:39 | 1:05:45 | |
narrow partisan comment. Britain was
at the G8 country to stand by | 1:05:45 | 1:05:50 | |
commitments to the poorest people in
the world and we are very proud | 1:05:50 | 1:05:54 | |
indeed that it was this government
that did it. Mr Speaker, the highly | 1:05:54 | 1:06:01 | |
respected Africa progress panel in a
recent study on the DRC, made clear | 1:06:01 | 1:06:10 | |
that stolen funds and stolen taxes
was costing their country £1.5 | 1:06:10 | 1:06:14 | |
billion. More than the country
spends on health and education. It | 1:06:14 | 1:06:21 | |
is deeply ironic some deeper as
people in the world live on top of | 1:06:21 | 1:06:25 | |
some of the richest real estate.
That is clear in the DRC. There are | 1:06:25 | 1:06:31 | |
incredible studies which make it
absolutely clear that in Africa the | 1:06:31 | 1:06:36 | |
money that is stolen from the people
through nonpaid taxes or concealment | 1:06:36 | 1:06:46 | |
dwarfs all foreign direct investment
and international developer and | 1:06:46 | 1:06:48 | |
money flowing into Africa each year.
I will give way to the honourable | 1:06:48 | 1:06:52 | |
member. We know a lot of that money
does not end up in overseas | 1:06:52 | 1:06:58 | |
territories. We know a lot of money
ends up in places like Dubai. We | 1:06:58 | 1:07:10 | |
need to engage in other parts of the
world, particularly in places like | 1:07:10 | 1:07:14 | |
Dubai where much of this money can
be found. He makes a good point. The | 1:07:14 | 1:07:19 | |
key point is transparency. It is
openness. Make all these matters | 1:07:19 | 1:07:24 | |
published and the way they are
published in an open register in | 1:07:24 | 1:07:27 | |
Britain and that is the way in which
we make progress. Mr Speaker, we | 1:07:27 | 1:07:31 | |
look to the Government to advance
this agenda. Probably in the Finance | 1:07:31 | 1:07:35 | |
Bill. We have the Treasury benches
will clearly hear the will of the | 1:07:35 | 1:07:40 | |
House on this matter today and that
progress will indeed now be made. I | 1:07:40 | 1:07:46 | |
asked the SNP spokesperson not to
exceed ten minutes in the interests | 1:07:46 | 1:07:52 | |
of facilitating others. We are in
her hands. Kirsty Blackman. | 1:07:52 | 1:08:02 | |
It is try to stick to that. -- it is
not common for me to exceed ten | 1:08:02 | 1:08:08 | |
minutes. Thanks for bringing this
debate to the House. I would like to | 1:08:08 | 1:08:17 | |
thank the journalists who have done
the work in the Paradise papers, | 1:08:17 | 1:08:22 | |
they have done it huge amount of
work, investigating this, and | 1:08:22 | 1:08:27 | |
exposing the issues and bringing
this to the attention of the | 1:08:27 | 1:08:31 | |
international media as well as the
attention of this House and they | 1:08:31 | 1:08:35 | |
deserve to be thanked. I normally
have a lot of time for the minister, | 1:08:35 | 1:08:40 | |
I find him to be often wrong, but
generally reasonable. LAUGHTER | 1:08:40 | 1:08:46 | |
The speech he made today was badly
pitched, frankly. The speech from | 1:08:46 | 1:08:54 | |
the member for Sutton Coldfield was
much better, not just talking about | 1:08:54 | 1:08:59 | |
resting on his laurels, but about
what the government was going to do | 1:08:59 | 1:09:01 | |
and then could do in the future, I
have the minister listens to the | 1:09:01 | 1:09:08 | |
voices across the House on what they
are calling for De Shai Hope. This | 1:09:08 | 1:09:11 | |
is not a party political issue -- I
hope the minister. I don't have much | 1:09:11 | 1:09:19 | |
respect for either government's
actions on tax evasion, Labour or | 1:09:19 | 1:09:26 | |
the Conservatives, and I think
there's more that can be done. | 1:09:26 | 1:09:29 | |
Members across the House would agree
that is the case. Transparency | 1:09:29 | 1:09:33 | |
international look into the issue of
companies dodging tax and they found | 1:09:33 | 1:09:41 | |
766 UK companies that were involved
in corruption and money-laundering | 1:09:41 | 1:09:44 | |
to the June of £80 billion, and a
quarter of those companies that we | 1:09:44 | 1:09:48 | |
investigated are still active. Those
organisations once the government | 1:09:48 | 1:09:54 | |
can take action against. UK
Government is making a number of | 1:09:54 | 1:09:59 | |
incredibly ill advised and not great
decisions right now around things | 1:09:59 | 1:10:03 | |
like closing HMRC officers, round
their continued pursuit of | 1:10:03 | 1:10:07 | |
austerity. The work that has been
done by number of journalists is | 1:10:07 | 1:10:16 | |
helping us, and I appreciate that
the government has taken action on | 1:10:16 | 1:10:18 | |
this, but it took a very long time
for MPs like Roger Mullen... In | 1:10:18 | 1:10:25 | |
order to convince the government to
make any move on this. It is not | 1:10:25 | 1:10:29 | |
just this UK Government, previous
governments have successively failed | 1:10:29 | 1:10:33 | |
to crack down on this, and the UK
tax code is out of hand. It requires | 1:10:33 | 1:10:39 | |
simplification and changes that they
are making around that in | 1:10:39 | 1:10:44 | |
conjunction with the office for
taxing the vacation, have not gone | 1:10:44 | 1:10:48 | |
far enough -- tax simplification.
You cannot no longer carry the tax | 1:10:48 | 1:10:55 | |
code around because it is so
significant, and the potential for | 1:10:55 | 1:11:00 | |
people to dodge things as a result
of that very complex tax code is | 1:11:00 | 1:11:03 | |
ridiculous. The member for Boodle
spoke about the UK Government | 1:11:03 | 1:11:10 | |
previously calling for the EU's
sanctions around tax dodging to be | 1:11:10 | 1:11:15 | |
watered down, and I think this was a
grim action for them to take them | 1:11:15 | 1:11:21 | |
especially in the wake of the
Paradise Papers when this call came. | 1:11:21 | 1:11:25 | |
The UK Government should be leading
by example, they should be doing, | 1:11:25 | 1:11:29 | |
not just saying, we have got the tax
gap down to 6%, they should be | 1:11:29 | 1:11:34 | |
saying, the tax code is still 6%, we
have it huge amount of work to do in | 1:11:34 | 1:11:38 | |
order to crack down on that final
6%, we have, the UK has the | 1:11:38 | 1:11:44 | |
virginity to lead the world in this
regard and I think they should do | 1:11:44 | 1:11:47 | |
that -- UK has the opportunity. Does
the lady thinks the introduction of | 1:11:47 | 1:11:55 | |
further tax bands in Edinburgh is an
additional convocation to the UK tax | 1:11:55 | 1:12:00 | |
codes? --, location. You are
confusing the issue of income tax | 1:12:00 | 1:12:06 | |
with other types of tax. What has
happened in Scotland in relation to | 1:12:06 | 1:12:14 | |
the paper that has been produced,
that consults on a number of | 1:12:14 | 1:12:18 | |
options, and lays out the effects
they have, that is way more | 1:12:18 | 1:12:21 | |
transparent than any action that any
UK Government takes in advance of | 1:12:21 | 1:12:29 | |
any budget, where they bring rabbits
out of hats. The Scottish Government | 1:12:29 | 1:12:34 | |
has entered into dialogue with the
other parties and other parties have | 1:12:34 | 1:12:37 | |
got the opportunity to take that
chance to criticise or praise. The | 1:12:37 | 1:12:44 | |
honourable man but should do that.
-- member. The Scottish Government | 1:12:44 | 1:12:51 | |
have called for this to be devolved
to Scotland because we think we | 1:12:51 | 1:12:54 | |
would do a better job. The issue
that was highlighted especially by | 1:12:54 | 1:13:03 | |
the Paradise Papers, is the fact
that everyone knows that tax evasion | 1:13:03 | 1:13:08 | |
is illegal but tax avoidance as
highlighted in these papers is | 1:13:08 | 1:13:12 | |
immoral. I'm grateful for giving
way. I'd like to share my concern. | 1:13:12 | 1:13:22 | |
Bright house, company that exploits
areas with extortion at APR rates, | 1:13:22 | 1:13:30 | |
is that immoral? I agree, I'll say
her constituents who are exploited | 1:13:30 | 1:13:36 | |
by organisations like that -- I also
have constituents. It is a company | 1:13:36 | 1:13:42 | |
that no one should be investing in.
It is not that difficult to pay the | 1:13:42 | 1:13:47 | |
tax that you know, it is not that
difficult to say to financial | 1:13:47 | 1:13:50 | |
adviser, if you have bags of cash, I
would like my money to grow, but I | 1:13:50 | 1:13:56 | |
do not want it to grow by avoiding
the tax I/O. It would be very easy | 1:13:56 | 1:14:02 | |
for people to say that. It is clear
that some people lack the moral | 1:14:02 | 1:14:09 | |
compass and where they are taking
the decisions to engage in | 1:14:09 | 1:14:13 | |
aggressive tax avoidance of the
government requires to legislate in | 1:14:13 | 1:14:17 | |
order that they could no longer do
that, to provide the moral compass, | 1:14:17 | 1:14:21 | |
to make sure the tax is paid when it
is owed. We must have the best | 1:14:21 | 1:14:26 | |
possible tax rules in place and we
must simplify the tax code and we | 1:14:26 | 1:14:30 | |
must crack down on evasion and we
must legislate to reduce avoidance, | 1:14:30 | 1:14:34 | |
and the government is in a untenable
position, it cannot continue to | 1:14:34 | 1:14:40 | |
implement austerity while at the
same time leaving a tax gap. Many of | 1:14:40 | 1:14:49 | |
the tax avoidance, they don't avoid
using our roads and the schools and | 1:14:49 | 1:14:55 | |
they don't avoid using hospitals or
using the police to look after their | 1:14:55 | 1:15:00 | |
lumps of money. I absolutely agree.
However much they are earning, and | 1:15:00 | 1:15:08 | |
however much tax they are paying,
people are using the public | 1:15:08 | 1:15:12 | |
services. In our party we aspire to
have brilliant public services and | 1:15:12 | 1:15:18 | |
we aspire to have people working in
public services that are paid a | 1:15:18 | 1:15:22 | |
reasonable amount and don't have to
face a pay cut. The only way we can | 1:15:22 | 1:15:26 | |
provide the public services we want
and provide the benefits system that | 1:15:26 | 1:15:30 | |
we want, is to have a system where
people pay the tax they owe. We | 1:15:30 | 1:15:38 | |
continue to call for this to be
devolved to Scotland because we | 1:15:38 | 1:15:40 | |
think we would take better decisions
in the absence of devolution we | 1:15:40 | 1:15:45 | |
would like the UK Government to take
actual action rather than just say, | 1:15:45 | 1:15:48 | |
look how great we are. Thank you.
There will be with immediate effect | 1:15:48 | 1:15:55 | |
a six minute limit on backbench
speeches. Mr David Morris. Thank you | 1:15:55 | 1:16:01 | |
very much. I did not expect to be
called so early. I'm a bit at a loss | 1:16:01 | 1:16:13 | |
at what we are trying to achieve, is
this about tax evasion or offshore | 1:16:13 | 1:16:16 | |
companies? Offshore companies are
legal entities, and many of them, | 1:16:16 | 1:16:21 | |
especially across the Commonwealth
and overseas territories have been | 1:16:21 | 1:16:25 | |
set up with HMRC guidelines, and
that has got to be clarified here | 1:16:25 | 1:16:29 | |
and now, is this about tax avoidance
or is this about overseas | 1:16:29 | 1:16:36 | |
territories having tax advantages?
What is it about? Yesterday when the | 1:16:36 | 1:16:43 | |
SA 24 was being granted, I was
absolutely of the mind that this was | 1:16:43 | 1:16:49 | |
about overseas territories or even
tax evasion under certain forms of | 1:16:49 | 1:16:54 | |
tax bandages in certain forms of
countries across the world -- tax | 1:16:54 | 1:16:58 | |
advantages. The problem we have, the
UK can do its bit, and this | 1:16:58 | 1:17:03 | |
government has done, and the labour
government for 13 years did very | 1:17:03 | 1:17:08 | |
little, to be frank. But now it is
the perception, the perception of | 1:17:08 | 1:17:14 | |
who pays the taxes in this country,
and I can give you a very basic | 1:17:14 | 1:17:17 | |
economic argument. It is like a
piggy bank. You earn your money, you | 1:17:17 | 1:17:24 | |
put your money in an offshore
piggybank, and then you pay tax on | 1:17:24 | 1:17:28 | |
it at source and when you put the
money back into this country, so | 1:17:28 | 1:17:32 | |
there is no tax evasion there. I
remember the Leader of the | 1:17:32 | 1:17:37 | |
Opposition talking about the Isle of
Man government, and the Isle of Man | 1:17:37 | 1:17:43 | |
government I have a lot of time for
them and many links with them, in my | 1:17:43 | 1:17:48 | |
constituency, and the problem I have
with this issue is that the Isle of | 1:17:48 | 1:17:53 | |
Man government are the most highly
regulated offshore tax haven, if you | 1:17:53 | 1:17:58 | |
want to call it that, in the whole
world. This is from the Isle of Man | 1:17:58 | 1:18:04 | |
government, amongst other things
customs and excise agreements remove | 1:18:04 | 1:18:08 | |
the need for customs barriers
between the Isle of Man, the UK and | 1:18:08 | 1:18:12 | |
the EU, and even the EU is very
loath to draft any legislation on | 1:18:12 | 1:18:17 | |
this matter. It makes the island
part of the European VAT territory, | 1:18:17 | 1:18:23 | |
the agreement also makes the revenue
sharing agreement, by which tax and | 1:18:23 | 1:18:29 | |
VAT and most other indirect tax
revenues are split between the UK | 1:18:29 | 1:18:34 | |
and the Isle of Man. Since 2011 and
this is on the subject of private | 1:18:34 | 1:18:39 | |
jets, since 2011 the Isle of Man
customs and excise has raised more | 1:18:39 | 1:18:45 | |
than 30 assessments for under
declared and over claimed VAT | 1:18:45 | 1:18:50 | |
against businesses in the aircraft
leasing sector. Approximately | 1:18:50 | 1:18:57 | |
protecting £4.7 million VAT to this
extractor. -- Exchequer. Are we | 1:18:57 | 1:19:04 | |
arguing about reforming tax laws or
are we arguing about reforming tax | 1:19:04 | 1:19:09 | |
havens | 1:19:09 | 1:19:12 | |
are we arguing about reforming tax
havens? Most have been sorted out in | 1:19:12 | 1:19:15 | |
overseas territories by this House,
so I will keep it short, but I think | 1:19:15 | 1:19:20 | |
this is a grand waste of time, this
debate, and it is very confusing for | 1:19:20 | 1:19:24 | |
the public out there. I am dismayed,
what we are talking about is | 1:19:24 | 1:19:35 | |
openness and transparency about tax,
and the member for Sutton Coldfield | 1:19:35 | 1:19:38 | |
set the tone for this debate along
with the member for Barking, this is | 1:19:38 | 1:19:44 | |
a cross-party issue, it is
important, and I agree with every | 1:19:44 | 1:19:50 | |
word the member for Sutton Coldfield
said, this is something that harms | 1:19:50 | 1:19:53 | |
countries around the world,
developing countries, it hits | 1:19:53 | 1:19:56 | |
taxpayers because the wealthiest and
large corporations find ways to | 1:19:56 | 1:19:59 | |
reduce their tax bills and avoid
paying tax completely, and if you | 1:19:59 | 1:20:04 | |
would let me make some progress
please for the... I congratulate the | 1:20:04 | 1:20:11 | |
member for barking to secure this
debate. And the shining a light on | 1:20:11 | 1:20:16 | |
what has come out of the Panama
papers. The Public Accounts | 1:20:16 | 1:20:24 | |
Committee have shone a light on this
for some years and I pay tribute to | 1:20:24 | 1:20:27 | |
the member for barking for her work.
Some of the worst excesses of | 1:20:27 | 1:20:37 | |
avoidance have come to light and we
saw real change, international | 1:20:37 | 1:20:40 | |
action, and it has to be
international action, it actually | 1:20:40 | 1:20:44 | |
saw change at a faster pace than we
have seen under any government for | 1:20:44 | 1:20:48 | |
many years in making more
information about tax for | 1:20:48 | 1:20:53 | |
corporations public, and we continue
to pursue this, and with political | 1:20:53 | 1:20:56 | |
will we can make progress. In the
last year the Public Accounts | 1:20:56 | 1:21:01 | |
Committee held in international tax
transparency conference and we had | 1:21:01 | 1:21:05 | |
in our own humble way, we thought we
might get some countries from the | 1:21:05 | 1:21:10 | |
EU, but we had countries from around
the world. Over 20 of them signed up | 1:21:10 | 1:21:15 | |
to our pledge on international tax
transparency, pledging to fight for | 1:21:15 | 1:21:18 | |
our citizens, through our
parliaments, to press governments | 1:21:18 | 1:21:22 | |
and to be bolder and faster as the
member for Sutton Coldfield said. We | 1:21:22 | 1:21:29 | |
are not moving at the right pace,
and this release of papers and | 1:21:29 | 1:21:38 | |
information is a real eye-opener for
our constituents who just pay their | 1:21:38 | 1:21:42 | |
tax and have no idea about this.
Public country by country reporting | 1:21:42 | 1:21:49 | |
the large corporations is something
the government could do and the | 1:21:49 | 1:21:55 | |
member for Don Valley, I know has
been a champion of this issue and | 1:21:55 | 1:21:59 | |
managed to work with the government
to change the law on this, and the | 1:21:59 | 1:22:02 | |
Paradise Papers show that these tax
arrangements only come to light when | 1:22:02 | 1:22:06 | |
the information is in the public
domain. We need to see fast change | 1:22:06 | 1:22:11 | |
on this, the establishment of
offshore trusts which then buy homes | 1:22:11 | 1:22:16 | |
and wine and cards for the
beneficiary without tax being paid, | 1:22:16 | 1:22:18 | |
or money being paid into offshore
trusts which makes loans to | 1:22:18 | 1:22:24 | |
individuals which can't be repaid,
and they may be legal, although I | 1:22:24 | 1:22:28 | |
doubt they are in some cases. With
the Panama papers, they were | 1:22:28 | 1:22:33 | |
released in April 2016, and
according to HMRC, who appeared | 1:22:33 | 1:22:36 | |
before our committee last week,
there are 66 criminal or civil | 1:22:36 | 1:22:44 | |
investigations underway, four people
have been arrested and a further six | 1:22:44 | 1:22:46 | |
have been interviewed under caution.
The HMRC only expects an additional | 1:22:46 | 1:22:55 | |
revenue of £6 million, and that is
small fry, and it demonstrates the | 1:22:55 | 1:23:00 | |
lengths that people will go to to
hide their money, and the importance | 1:23:00 | 1:23:03 | |
of making sure that HMRC have the
resources necessary to pursue this. | 1:23:03 | 1:23:11 | |
So what we need is public country by
country reporting enacted, and that | 1:23:12 | 1:23:18 | |
needs to be done internationally,
but if international players will | 1:23:18 | 1:23:21 | |
not lead the way, then let the UK
Government take us forward on this, | 1:23:21 | 1:23:26 | |
be bold, be brave, and make sure we
are setting the tone and standard | 1:23:26 | 1:23:31 | |
for the world. We have urged HMRC to
consider a wealth tax for wealthy | 1:23:31 | 1:23:36 | |
individuals as they have in Japan
and Australia to make it easier to | 1:23:36 | 1:23:39 | |
track down where people hold their
wealth and pay their tax, and we | 1:23:39 | 1:23:44 | |
need continued Parliamentary and
public pressure so that this is | 1:23:44 | 1:23:47 | |
voluntarily move towards more
openness. Already this has been | 1:23:47 | 1:23:52 | |
taken up by 30 companies and we hope
to see it go further. I would like | 1:23:52 | 1:23:57 | |
HMRC to have more prosecutions to
set an example to those who seek to | 1:23:57 | 1:24:01 | |
avoid tax and make sure people
questioned these highly paid tax | 1:24:01 | 1:24:05 | |
advisers that they recruit, and then
they say, I didn't know what was | 1:24:05 | 1:24:08 | |
going on, I paid someone else.
People need to take responsibility | 1:24:08 | 1:24:13 | |
for their actions, whether they are
corporations all wealthy | 1:24:13 | 1:24:15 | |
individuals. As I say, resources
from HMRC to tackle this. There is a | 1:24:15 | 1:24:23 | |
very high return rate for every
pound of taxpayers' money, and it is | 1:24:23 | 1:24:31 | |
important that the Exchequer sees
the benefit of that and ramps up the | 1:24:31 | 1:24:35 | |
money available. We have an
arbitrary target of a hundred | 1:24:35 | 1:24:37 | |
prosecutions which has been set
which seems an odd figure to pluck | 1:24:37 | 1:24:40 | |
out of the hat. We are pressing HMRC
to explain why that figure has come | 1:24:40 | 1:24:47 | |
out of the blue. We need to make
sure that the right number | 1:24:47 | 1:24:53 | |
prosecutions take place, not just a
target. Tax is paid for the common | 1:24:53 | 1:24:58 | |
good, and my committee works hard to
make sure that that tax money is | 1:24:58 | 1:25:02 | |
spent efficiently, effectively and
economically by the Government, but | 1:25:02 | 1:25:05 | |
we do need to speed up on the
measures to crack down on this | 1:25:05 | 1:25:09 | |
aggressive tax avoidance and an tax
evasion, and we need to move to a | 1:25:09 | 1:25:13 | |
world where the impact of not paying
their fair share of taxes is | 1:25:13 | 1:25:17 | |
recognised as something that is
plainly wrong. It is a pleasure to | 1:25:17 | 1:25:23 | |
follow the honourable lady, and I
join in the thanks to the Member for | 1:25:23 | 1:25:30 | |
barking for ensuring this important
debate. I agree with her | 1:25:30 | 1:25:34 | |
conclusions, but I come a slightly
different way to get there. I would | 1:25:34 | 1:25:39 | |
like to start by saying identity
this fair to say that over the last | 1:25:39 | 1:25:44 | |
15 years, HMRC and the previously
the Government and the Conservative | 1:25:44 | 1:25:47 | |
one have not tried to tackle
aggressive avoidance. I think the | 1:25:47 | 1:25:50 | |
amount of measures that have been
introduced, ranging from disclosure | 1:25:50 | 1:25:57 | |
rules of artificial schemes to the
more recent ones, if you cant up how | 1:25:57 | 1:26:01 | |
many targeted anti-avoidance rules
have been added, we have been trying | 1:26:01 | 1:26:05 | |
everything we can to tackle the most
outrageous behaviour, and many of | 1:26:05 | 1:26:09 | |
the schemes that used to be possible
in the widespread 15 years ago at | 1:26:09 | 1:26:13 | |
you now just can't do at all. I
thank the honourable member | 1:26:13 | 1:26:19 | |
forgiving way. Would he agree with
me that there is a cultural issue on | 1:26:19 | 1:26:23 | |
the whole machinery which enables
and facilitates these sorts of | 1:26:23 | 1:26:26 | |
arrangements which the 99% of us
have nothing to do, but we do have | 1:26:26 | 1:26:30 | |
to be aggressive in tackling that
1%. Exactly, the point I was trying | 1:26:30 | 1:26:35 | |
to make is that the I don't think
the size of the tax gap is down to a | 1:26:35 | 1:26:40 | |
lack of effort, the problem is that
the invaders are one step ahead and | 1:26:40 | 1:26:45 | |
move to different things, and that's
why I think these Panama Papers show | 1:26:45 | 1:26:50 | |
is that people are going offshore,
using artificial ways to be offshore | 1:26:50 | 1:26:55 | |
rather than using artificial
domestic planning to get around the | 1:26:55 | 1:26:58 | |
rules, and that is why... Isn't the
problem the tactics of applying | 1:26:58 | 1:27:09 | |
these complicated rules and
regulations and the expensive way | 1:27:09 | 1:27:18 | |
that accountants can devise a
wearer. Shouldn't we be looking at a | 1:27:18 | 1:27:22 | |
general principle? I agree with
that, the Government did introduce | 1:27:22 | 1:27:29 | |
the General Anti-Abuse Rule. I think
there is scope for extending that, | 1:27:29 | 1:27:35 | |
and also for trying to improve
behaviour. That is why it is right | 1:27:35 | 1:27:40 | |
that we should now expect large
businesses to publish their tax | 1:27:40 | 1:27:44 | |
revenue, and we can now say, we
don't condone with this, we don't | 1:27:44 | 1:27:47 | |
engage in it, and that is the way we
change the behaviour and culture. We | 1:27:47 | 1:27:57 | |
have seen some advisers changing
their code of conduct saying that | 1:27:57 | 1:28:00 | |
artificially aggressive policies
won't be used, but there is clearly | 1:28:00 | 1:28:03 | |
a long way to go. But before I talk
about the various measures we could | 1:28:03 | 1:28:07 | |
take, let's be clear that we can't
disclose the whole of the tax gap by | 1:28:07 | 1:28:13 | |
tackling aggressive avoidance by the
rix and the large multinationals. We | 1:28:13 | 1:28:20 | |
should get that down as low as we
can, but it is a simple fact that | 1:28:20 | 1:28:24 | |
the largest group or are not paying
tax are small and medium-size | 1:28:24 | 1:28:29 | |
businesses. Of the tax gap of £38
billion, 15 billion is small and | 1:28:29 | 1:28:36 | |
medium-sized businesses. It is not
aggressive avoidance that causes the | 1:28:36 | 1:28:42 | |
biggest tax gap, it is not taking
reasonable care. So I don't think | 1:28:42 | 1:28:47 | |
Wigan look at the whole tax gap and
say that that is being lost to us by | 1:28:47 | 1:28:51 | |
awful behaviour by large corporate.
There is much more to do sadly on | 1:28:51 | 1:28:57 | |
individuals in the UK who are
working and not declaring VAT or | 1:28:57 | 1:29:01 | |
working in the hidden economy, so it
is not fair to say this isn't about | 1:29:01 | 1:29:05 | |
ordinary people, sadly quite a lot
of it is about people who should not | 1:29:05 | 1:29:08 | |
be doing that and we need to find
ways to tackle those as well. But | 1:29:08 | 1:29:12 | |
what we have exposed again by these
papers is that there is a crisis of | 1:29:12 | 1:29:17 | |
confidence that our tax and
financial system is fair and as | 1:29:17 | 1:29:21 | |
clean as we can get it to be. There
are some further measures the | 1:29:21 | 1:29:25 | |
Government can take to improve the
reputation of our economy and | 1:29:25 | 1:29:30 | |
financial system and to increase the
confidence that our constituents | 1:29:30 | 1:29:33 | |
have in our tax regime. The good
news is most of these issues are | 1:29:33 | 1:29:41 | |
government policy already, so I
agree, let's get the country back | 1:29:41 | 1:29:48 | |
into the public domain, and compare
companies' turnover. It is not | 1:29:48 | 1:29:59 | |
greatly enhanced disclosure. If you
look at large plcs' accounts, they | 1:29:59 | 1:30:04 | |
are required to disclose segmental
information, tax reconciliation down | 1:30:04 | 1:30:09 | |
to what tax they are being paid. For
that information to be done in a | 1:30:09 | 1:30:15 | |
meaningful, useful way, it needs to
be understandable so that we can | 1:30:15 | 1:30:18 | |
work out how they are not paying the
tax they ought to be paying. Let's | 1:30:18 | 1:30:22 | |
have a date when we will start
requiring that information to be in | 1:30:22 | 1:30:25 | |
the public domain. It doesn't have
to be tomorrow, let's have a date in | 1:30:25 | 1:30:30 | |
2019 something so that we can
actually see it. And on linked | 1:30:30 | 1:30:37 | |
measures, the other issue of
transparency we do need in the UK is | 1:30:37 | 1:30:40 | |
that we can nowhere very rich
people, large companies, are buying | 1:30:40 | 1:30:44 | |
very expensive property in the UK.
We need to know who they are and how | 1:30:44 | 1:30:49 | |
they have raised the money to buy
the property, it can't be right that | 1:30:49 | 1:30:52 | |
somebody can buy property here for
50 million, not live in it, and we | 1:30:52 | 1:30:57 | |
have no idea where they got the
money to do that. So let's go ahead | 1:30:57 | 1:31:00 | |
with having a transparent register
of overseas owners of expensive | 1:31:00 | 1:31:05 | |
property in the UK, and that will
show that people can't put their | 1:31:05 | 1:31:15 | |
money here and set property is a
safe asset. The shocking miss of the | 1:31:15 | 1:31:21 | |
papers last week was that something
like Apple, when being chased by the | 1:31:21 | 1:31:29 | |
EU through Ireland, chose to try to
move their affairs to Jersey to try | 1:31:29 | 1:31:33 | |
to avoid the tax we all think they
owe, and this shows again why we | 1:31:33 | 1:31:40 | |
need transparency in our
territories, who was operating there | 1:31:40 | 1:31:43 | |
and where the money they have their
actually came from. Those | 1:31:43 | 1:31:50 | |
territories have a right to exist
and choose their own tax rates, they | 1:31:50 | 1:31:52 | |
have a right to be competitive, but
what they don't have a right to do | 1:31:52 | 1:31:56 | |
is hide money that he's been stolen
from elsewhere in the world, and | 1:31:56 | 1:31:59 | |
they don't have a right to move
profits that are not being earned | 1:31:59 | 1:32:03 | |
there and give them a beneficial
rate. If we get the transparency | 1:32:03 | 1:32:06 | |
there to show who is operating
there, who really owns them and | 1:32:06 | 1:32:10 | |
where the money came from, then they
can show how clean they claim to be, | 1:32:10 | 1:32:14 | |
or whether that is true, and that
way they can compete on reputation. | 1:32:14 | 1:32:20 | |
They don't need to compete on being
closed and dirty. They are after | 1:32:20 | 1:32:26 | |
real business. If they go ahead with
that transparency, they will get a | 1:32:26 | 1:32:30 | |
competitive advantage, and we can't
as a country which has so many of | 1:32:30 | 1:32:34 | |
those territories say that we will
follow the herd. We are heard, let's | 1:32:34 | 1:32:39 | |
set an example. Thank you, Mr
Speaker, and it is a pleasure to | 1:32:39 | 1:32:44 | |
follow the honourable gentleman from
Amber Valley and congratulate him on | 1:32:44 | 1:32:48 | |
securing a Westminster Hall debate
on the subject of country by country | 1:32:48 | 1:32:52 | |
reporting, and I hope members on all
sides of the House will support that | 1:32:52 | 1:32:56 | |
debate. It is just over a year ago,
in September 2016, that cross-party | 1:32:56 | 1:33:00 | |
support successfully secured the
only non-government amendment to the | 1:33:00 | 1:33:07 | |
Finance Bill. And it gave the power,
as the honourable member for Amber | 1:33:07 | 1:33:12 | |
Valley are applied, to require
multinationals to publish tax | 1:33:12 | 1:33:15 | |
information in all countries where
they operate, known as public | 1:33:15 | 1:33:18 | |
country by country reporting. And
this is an important part, an | 1:33:18 | 1:33:22 | |
important measure, not the only
measure, about how we tackle some of | 1:33:22 | 1:33:26 | |
the scandals that have emerged
through the Panama Papers, and more | 1:33:26 | 1:33:33 | |
recently, the Paradise papers,
because openness on this issue will | 1:33:33 | 1:33:38 | |
help us all. It is interesting that
in the interactive centre and the | 1:33:38 | 1:33:47 | |
finance sector a form of public
country-by-country reporting is | 1:33:47 | 1:33:50 | |
already in place, and there is
certainly to my mind and increasing | 1:33:50 | 1:33:55 | |
movement by investors who want to
see more of this, and why do | 1:33:55 | 1:33:58 | |
investors want to see more of this?
Because they are getting more and | 1:33:58 | 1:34:01 | |
more worried by these public
disclosures about the reputational | 1:34:01 | 1:34:06 | |
damage to them of putting money into
good enterprises which at the end of | 1:34:06 | 1:34:12 | |
the day compromise their investment
and their sense of the contribution | 1:34:12 | 1:34:18 | |
they want to make towards creating
wealth, we all want to create wealth | 1:34:18 | 1:34:24 | |
because that gives us the
opportunity to provide towards | 1:34:24 | 1:34:26 | |
public services. But it is clear
from the Panama Papers and now the | 1:34:26 | 1:34:36 | |
Paradise papers, companies are under
pressure to try to cut their tax | 1:34:36 | 1:34:40 | |
bills, despite the large profits
they make, and that is why | 1:34:40 | 1:34:48 | |
governments have a duty to make sure
that as much as possible | 1:34:48 | 1:34:51 | |
transparency is provided for. We
know, and let's be honest, we have | 1:34:51 | 1:34:56 | |
always known, that big companies and
very wealthy individuals can easily | 1:34:56 | 1:35:02 | |
move their revenues around the world
out of reach of governments can find | 1:35:02 | 1:35:06 | |
whatever loophole they cant to just
become richer. Corporate tax | 1:35:06 | 1:35:10 | |
avoidance is not only unfair, it
damages economies and societies, and | 1:35:10 | 1:35:14 | |
at home and overseas, it means less
money for stretched public services. | 1:35:14 | 1:35:18 | |
A colleague earlier said that there
is an estimate that developing | 1:35:18 | 1:35:22 | |
companies lose at least $100 billion
every year. That would be enough to | 1:35:22 | 1:35:28 | |
educate 12 million children
currently missing schooling and | 1:35:28 | 1:35:31 | |
health care that could save the
lives of 6 million children. Paying | 1:35:31 | 1:35:35 | |
tax responsibly isn't an issue of
right and wrong. If those with | 1:35:35 | 1:35:41 | |
accountants and lawyers seek to
avoid this, preferring a world of | 1:35:41 | 1:35:44 | |
hidden havens and shell companies,
trust breaks down and in the end we | 1:35:44 | 1:35:49 | |
all lose out. Last year the former
Treasury Minister, now the Secretary | 1:35:49 | 1:35:55 | |
of State for the Department of Work
and Pensions said that while the | 1:35:55 | 1:35:58 | |
Government was keen for there to be
a multilateral deal when it came to | 1:35:58 | 1:36:02 | |
public country-by-country reporting,
if we have not made progress in a | 1:36:02 | 1:36:06 | |
year, we would have to revisit this
issue. Those were his words. In | 1:36:06 | 1:36:10 | |
fact, in answer to a question to the
promised on this very subject, she | 1:36:10 | 1:36:14 | |
admitted little progress had been
made. A year on, the EU proposal, | 1:36:14 | 1:36:20 | |
which is flawed, has stalled, and
the time I think has now come for | 1:36:20 | 1:36:23 | |
the Government to have the courage
of its convictions to introduce | 1:36:23 | 1:36:27 | |
public reporting requirements and
then seek to build a coalition of | 1:36:27 | 1:36:32 | |
the willing. Transparency is the one
sure way to rebuild trust. I hope | 1:36:32 | 1:36:38 | |
the Minister will consider this. I
hope he will meet with a cross-party | 1:36:38 | 1:36:41 | |
delegation to discuss this further.
I look forward to the honourable | 1:36:41 | 1:36:46 | |
gentleman's debating Westminster
Hall next week. But be assured, when | 1:36:46 | 1:36:48 | |
it comes to the next Finance Bill,
cross-party support in this House | 1:36:48 | 1:36:52 | |
will be seeking to amend that Bill
to set a deadline for when the power | 1:36:52 | 1:36:56 | |
to bring in public
country-by-country reporting will | 1:36:56 | 1:36:59 | |
become a reality. I will speak
briefly, but I wanted to go slightly | 1:36:59 | 1:37:08 | |
early in the debate when I had the
pleasure to intervene on the shadow | 1:37:08 | 1:37:14 | |
spokesman, and he allowed me a
second intervention, I think it is | 1:37:14 | 1:37:21 | |
called a BOGOF, Mr Speaker. There is
no obligation on the honourable | 1:37:21 | 1:37:29 | |
gentleman to speak, he can if he
wants to but I'm sure we would | 1:37:29 | 1:37:33 | |
manage.
LAUGHTER | 1:37:33 | 1:37:35 | |
The problem I was tried to get out
was the substance in the difference | 1:37:35 | 1:37:40 | |
in the tax gap. The tax gap is now
6%, it was 8% under Labour, and the | 1:37:40 | 1:37:46 | |
difference is £11.8 billion, and I
think that is incredibly important, | 1:37:46 | 1:37:50 | |
because when you have something like
the Paradise papers, and the | 1:37:50 | 1:37:54 | |
newspapers dominated by all the
coverage, it is the impression that | 1:37:54 | 1:37:56 | |
that gives to the public out there,
that is one where multinational | 1:37:56 | 1:38:00 | |
companies are running the rule over
us, getting away without paying | 1:38:00 | 1:38:05 | |
their fair share of tax, and in fact
we are failing to deal with that, | 1:38:05 | 1:38:09 | |
whereas in fact all the statistics
show significant improvement under | 1:38:09 | 1:38:13 | |
this government in closing the tax
gap, bringing forward measures to | 1:38:13 | 1:38:17 | |
deal with avoidance and evasion that
should be added. On one of the | 1:38:17 | 1:38:21 | |
aborted areas was mentioned by my
honourable member for Amber Valley, | 1:38:21 | 1:38:24 | |
and that is property. My experience
of the great grievances felt by | 1:38:24 | 1:38:33 | |
first-time buyers is about the sheer
quantity of money that has come | 1:38:33 | 1:38:36 | |
particularly into the London
property market, driving up prices | 1:38:36 | 1:38:40 | |
and making property less accessible
to local people who want to get onto | 1:38:40 | 1:38:45 | |
the ladder. | 1:38:45 | 1:38:49 | |
Two important measures to deal with
that, but until April 2015, if you | 1:38:49 | 1:38:54 | |
were a foreign national, you did not
pay capital gains tax when you sold | 1:38:54 | 1:38:58 | |
a property in the UK, but they
closed that loophole in April 2015, | 1:38:58 | 1:39:03 | |
and in 2016 we changed... I'm happy
to give way. Isn't one of the | 1:39:03 | 1:39:09 | |
greatest problems regarding the
housing crisis, inequality in the | 1:39:09 | 1:39:15 | |
UK, the hundred richest individuals
have this own wealth as 19 million. | 1:39:15 | 1:39:27 | |
Well, without going global on the
answer, I'm talking about the | 1:39:27 | 1:39:30 | |
position in the UK property market,
it is true that a sense of | 1:39:30 | 1:39:36 | |
unfairness pertains because prices
have risen sharply and beyond the | 1:39:36 | 1:39:39 | |
means of those on modest incomes and
also relatively high incomes, young | 1:39:39 | 1:39:46 | |
professionals can be on £100,000 and
still cannot get on the ladder. That | 1:39:46 | 1:39:51 | |
isn't just about London, my
constituency in Suffolk, the | 1:39:51 | 1:39:56 | |
counties around London, the ripple
of high prices in expensive areas | 1:39:56 | 1:40:00 | |
comes many miles out, many people
move to buy constituency because of | 1:40:00 | 1:40:07 | |
the sheer cost in London. -- my
constituency. He is talking about | 1:40:07 | 1:40:12 | |
property prices and he mentioned the
government's decision to close the | 1:40:12 | 1:40:15 | |
loophole whereby it foreign owners
of residential properties were | 1:40:15 | 1:40:19 | |
avoiding capital gains tax. Does he
regret not joining with us to close | 1:40:19 | 1:40:27 | |
the loophole where commercial
properties were not treated so | 1:40:27 | 1:40:28 | |
because that is having the same
impact on the cupboard -- property | 1:40:28 | 1:40:34 | |
market? The commercial side has been
weaker, since the Brexit vote, it | 1:40:34 | 1:40:40 | |
must be said. The main issue in
terms of fairness from taxpayers | 1:40:40 | 1:40:45 | |
perspective is residential property
and by making property in relation | 1:40:45 | 1:40:50 | |
to change it is not just about tax
avoidance, some have been the | 1:40:50 | 1:40:54 | |
highest stand duty we now levy. --
stamp duty. This has had an impact | 1:40:54 | 1:41:02 | |
to support first-time buyers. Does
he agree with the Institute for | 1:41:02 | 1:41:09 | |
Fiscal Studies that it is likely to
raise £0? I wasn't aware of that. | 1:41:09 | 1:41:15 | |
The broad point and my friend made
this point, we should be looking to | 1:41:15 | 1:41:22 | |
have cross-party agreement because
we could agree on the simple point | 1:41:22 | 1:41:27 | |
that taxpayers want to see a system
where all companies especially the | 1:41:27 | 1:41:30 | |
biggest are paying their fair share
of tax, and what simply concerns me | 1:41:30 | 1:41:35 | |
about stories like the Paradise
Papers, there is hyperbole | 1:41:35 | 1:41:42 | |
associated with it, and it gives the
impression that the system is not | 1:41:42 | 1:41:45 | |
bringing in as much tax as it should
when that is not the case. Quite | 1:41:45 | 1:41:50 | |
simply I would like to see a system
where we reward success, we should | 1:41:50 | 1:41:53 | |
never discourage enterprise but we
need businesses to generate the | 1:41:53 | 1:41:59 | |
wealth to fund public services, but
I think this government is getting | 1:41:59 | 1:42:01 | |
the balance right. We should not get
the impression from this debate that | 1:42:01 | 1:42:08 | |
the government is failing to get a
grip on this issue. Vince Cable. Can | 1:42:08 | 1:42:13 | |
I add my congratulations to the
member for introducing this debate | 1:42:13 | 1:42:19 | |
and I agree with much of what she
has said. It is useful to go over | 1:42:19 | 1:42:24 | |
the chronology with which tax
avoidance measures have evolved, and | 1:42:24 | 1:42:28 | |
if we go back to 2010, the main
source of industrial scale tax | 1:42:28 | 1:42:34 | |
avoidance wasn't in the British
Virgin Islands or became an island, | 1:42:34 | 1:42:37 | |
it was a few miles down the road in
the City of London -- or the Cayman | 1:42:37 | 1:42:42 | |
Islands. At the big banks, tax
avoidance was taking place, there | 1:42:42 | 1:42:49 | |
was a man called Jenkins who was
paid £40 million in one year at | 1:42:49 | 1:42:52 | |
Barclays for his contribution to
avoiding tax that should have gone | 1:42:52 | 1:42:56 | |
to the Treasury. The agreement that
the government then had with the | 1:42:56 | 1:43:00 | |
banks was so loose that they
perpetuated it indefinitely until | 1:43:00 | 1:43:05 | |
there was a change of government and
we pressed the charts are very hard | 1:43:05 | 1:43:10 | |
and this was made illegal -- pressed
the Chancellor. As far as unaware | 1:43:10 | 1:43:17 | |
that activity has largely stopped,
the next big step was the | 1:43:17 | 1:43:19 | |
introduction of the general
avoidance principle, important in | 1:43:19 | 1:43:26 | |
clarifying this murky area, edit is
now clear that if individuals and | 1:43:26 | 1:43:31 | |
their advisers engage in activity
which is specifically designed to | 1:43:31 | 1:43:36 | |
circumvent the intentions of
Parliament, they can be pursued and | 1:43:36 | 1:43:40 | |
many have constituents at the moment
who are being construed by HMRC | 1:43:40 | 1:43:45 | |
quite rightly and indeed in
substantial arrears. I would have | 1:43:45 | 1:43:50 | |
won the good things that comes out
of the Paradise Papers is that HMRC | 1:43:50 | 1:43:55 | |
have a substantial list of names
which they can now investigate as to | 1:43:55 | 1:43:58 | |
whether they have subscribed to the
law as it is now redefined, and as I | 1:43:58 | 1:44:05 | |
understand it after the Panama
Papers they pursued 65 individuals | 1:44:05 | 1:44:09 | |
for £100 million a year, that is a
positive step. The third step in the | 1:44:09 | 1:44:18 | |
evolution was the introduction of
the open register of beneficial | 1:44:18 | 1:44:23 | |
ownership, various people have
referred to it, and I know a little | 1:44:23 | 1:44:25 | |
bit about it since I was the
Secretary of State who brought it | 1:44:25 | 1:44:28 | |
here and took it through Parliament
together with the abolition of | 1:44:28 | 1:44:34 | |
bearer bonds, and it is fair to say
David Cameron was very supportive of | 1:44:34 | 1:44:39 | |
that at the time, but he was less
impressive when it came to standing | 1:44:39 | 1:44:44 | |
up to lobbying from the Crown
dependencies and the overseas | 1:44:44 | 1:44:46 | |
territories. I'm grateful for you
giving way for the widget not agree | 1:44:46 | 1:44:55 | |
with me that it seems that after the
flourish of the anti-corruption | 1:44:55 | 1:44:59 | |
Summit in May 2016, how long ago it
feels, much was promised and none of | 1:44:59 | 1:45:05 | |
this seems to have been delivered,
and the anti-corruption champion | 1:45:05 | 1:45:08 | |
Eric Pickles sedan and it seems the
government has forgotten that the | 1:45:08 | 1:45:13 | |
post exists at all -- stood down.
The strategy we were promised for | 1:45:13 | 1:45:20 | |
2016, we are now being told 2018. I
was in a political Axar that time | 1:45:20 | 1:45:26 | |
and I can't testify one way or the
other, but we did introduce strong | 1:45:26 | 1:45:31 | |
anti-corruption measures when I was
in government -- political exiles. | 1:45:31 | 1:45:35 | |
The argument that the overseas
territories and Crown dependencies | 1:45:35 | 1:45:40 | |
advanced was that they had to keep
this secret because of probity | 1:45:40 | 1:45:45 | |
concerns but precisely those privacy
concerns applied to the UK, and | 1:45:45 | 1:45:49 | |
where there was a genuine concern
about privacy, as for example people | 1:45:49 | 1:45:53 | |
who would be worried about being
pursued, say, animal rights | 1:45:53 | 1:45:58 | |
terrorists were involved, their
privacy was protected, it was a very | 1:45:58 | 1:46:01 | |
transparent and weak defence. Many
of the overseas territories do is | 1:46:01 | 1:46:07 | |
perfectly reasonable, there is a
reason why people should be paying | 1:46:07 | 1:46:09 | |
double taxation -- there is no
reason. But serious anti-avoidance | 1:46:09 | 1:46:16 | |
activities should be pursued and I
hope the government will be more | 1:46:16 | 1:46:20 | |
aggressive in pursuing this issue of
the open register, and the way they | 1:46:20 | 1:46:23 | |
can do that is to give a deadline to
the overseas territories for the | 1:46:23 | 1:46:28 | |
introduction of an open register, if
they do not comply, there a series | 1:46:28 | 1:46:32 | |
of sanctions that could be
introduced, initially stopping cars | 1:46:32 | 1:46:40 | |
-- stopping companies from bidding
for public contracts. And if they | 1:46:40 | 1:46:49 | |
avoid taxation in the way that
seriously damages the UK, that's the | 1:46:49 | 1:46:55 | |
kind of measure that should be
introduced. Much of the discussion | 1:46:55 | 1:46:58 | |
we have had, and I know the member
said this in her interaction, it is | 1:46:58 | 1:47:06 | |
not about individuals, this is about
companies, because the scale of | 1:47:06 | 1:47:08 | |
avoidance is on a much greater level
and we are all familiar with the way | 1:47:08 | 1:47:14 | |
in which some of the big internet
platforms avoid... I have got | 1:47:14 | 1:47:20 | |
limited time for them ... Avoid
large sums of taxation by the way | 1:47:20 | 1:47:30 | |
they can for intellectual property
liabilities, and the government | 1:47:30 | 1:47:35 | |
response has been very weak. It is
significant, in the light of the | 1:47:35 | 1:47:42 | |
Brexit debate, the one institution
that is going after those companies | 1:47:42 | 1:47:45 | |
is the European Commission. Their
actions in the competition | 1:47:45 | 1:47:51 | |
commission, is both highly competent
and Heidi -- highly effective, we | 1:47:51 | 1:47:58 | |
worry that all of that energy will
disappear if we have Brexit. I have | 1:47:58 | 1:48:04 | |
a question about what the government
could do to deal with corporate tax | 1:48:04 | 1:48:07 | |
avoidance, a simple regulation that
requires large companies registered | 1:48:07 | 1:48:11 | |
here to declare first of all their
total UK revenues and then their | 1:48:11 | 1:48:18 | |
total UK expenses, it will then be
immediately apparent whether there | 1:48:18 | 1:48:22 | |
is a tax liability that is not being
met. And a simple levy in tax | 1:48:22 | 1:48:30 | |
payment will bring some of those
companies to book and in a | 1:48:30 | 1:48:35 | |
reasonable way. And I think the bees
and why there is so much indignation | 1:48:35 | 1:48:41 | |
about this question -- the reason
why. It is not just because taxes | 1:48:41 | 1:48:46 | |
being avoided, but because many of
my constituents and all of our | 1:48:46 | 1:48:51 | |
constituents are being aggressively
pursued for tax avoidance at a much | 1:48:51 | 1:48:53 | |
petty level, and there's a big
crackdown taking place what are | 1:48:53 | 1:49:00 | |
called IR 35 companies are
contractors for the health service, | 1:49:00 | 1:49:04 | |
often software specialist, and there
is a certain amount of tax avoidance | 1:49:04 | 1:49:07 | |
of national insurance, but they are
being pursued in a highly aggressive | 1:49:07 | 1:49:12 | |
way that the government does not use
in pursuing much bigger fish. We are | 1:49:12 | 1:49:17 | |
being told that in the budget the
VAT tax threshold could be | 1:49:17 | 1:49:22 | |
considerably lower it in order to
stop tax avoidance, but effectively | 1:49:22 | 1:49:27 | |
drawing very large numbers of small
companies into the tax net and it is | 1:49:27 | 1:49:31 | |
the pettiness of these measures
contrasted with large scale | 1:49:31 | 1:49:35 | |
avoidance which attracts so much
anger amongst the public. I'm afraid | 1:49:35 | 1:49:42 | |
there's a three-minute limit with
immediate effect. Craig McKinley. | 1:49:42 | 1:49:48 | |
This has an international dimension
to it, we have done more than any | 1:49:48 | 1:49:52 | |
government before on this. Creating
CGT for foreign ownership sales and | 1:49:52 | 1:49:58 | |
ending non-Dom status, and we have
opened up share beneficial ownership | 1:49:58 | 1:50:04 | |
information through the profit
shifting initiative, and we have | 1:50:04 | 1:50:10 | |
introduced the diverted profits tax
which when there is an insufficient | 1:50:10 | 1:50:13 | |
economic substance to a transaction
especially in intellectual property | 1:50:13 | 1:50:19 | |
that is held abroad, and undue
payments are paid to those foreign | 1:50:19 | 1:50:24 | |
jurisdictions, that can be stopped
and taxed accordingly, we have | 1:50:24 | 1:50:27 | |
stopped the shifting of debt
interest to the UK to stop | 1:50:27 | 1:50:31 | |
artificial deductions in the UK.
There's one tax I'm rather proud of, | 1:50:31 | 1:50:37 | |
for the lower paid in this country.
-- tax haven. We have created a low | 1:50:37 | 1:50:43 | |
tax environment for those who are
lower paid and when we look at what | 1:50:43 | 1:50:46 | |
Labour did between 1997 and 2010,
rather paltry increase in the | 1:50:46 | 1:50:50 | |
personal allowance from just 4045
two 6475 over 13 years, we have now | 1:50:50 | 1:50:59 | |
increased that in our seven years in
government to £11,500 and that's a | 1:50:59 | 1:51:04 | |
serious tax cut for every low paid
person. We are doing something very | 1:51:04 | 1:51:09 | |
similar with companies as well, and
that is the key to this, I would | 1:51:09 | 1:51:14 | |
like to encourage more companies
back to the UK so they can pay their | 1:51:14 | 1:51:17 | |
fair share of tax, and that is being
shown to be done with £35 billion, | 1:51:17 | 1:51:24 | |
the corporation tax taken in 2010,
now up to £53 billion, and the | 1:51:24 | 1:51:29 | |
wealthy in the UK are playing the
top 1%, 28% of all income tax higher | 1:51:29 | 1:51:35 | |
than at any other time. But we
mustn't lose a lack of understanding | 1:51:35 | 1:51:41 | |
of what foreign jurisdictions and
so-called tax havens are there for, | 1:51:41 | 1:51:47 | |
they are essential in the mix of
international trade. It is not | 1:51:47 | 1:51:52 | |
uncommon for a French investing
company to choose the Cayman Islands | 1:51:52 | 1:51:56 | |
or British Virgin Islands to be the
place of contract for a deal to | 1:51:56 | 1:52:00 | |
invest in say the Democratic
Republic of Congo, and although I | 1:52:00 | 1:52:04 | |
have great respect for the legal
system of the Democratic Republic of | 1:52:04 | 1:52:09 | |
Congo, the legal system and common
law of the UK is what creates legal | 1:52:09 | 1:52:14 | |
certainty, and it is not all about
saving tax, avoiding tax, it is try | 1:52:14 | 1:52:19 | |
to transaction -- transact in the
right place, so let's continue the | 1:52:19 | 1:52:27 | |
promotion of data-sharing with Al
international partners, let's make | 1:52:27 | 1:52:30 | |
sure that global profits are taxed
in the right places, and let us use | 1:52:30 | 1:52:37 | |
our influence on overseas
territories and I say we are doing | 1:52:37 | 1:52:43 | |
this more than the previous party of
government for 13 years. Stella | 1:52:43 | 1:52:46 | |
Crecy. | 1:52:46 | 1:52:48 | |
Thank you, Mr Speaker. I
congratulate the member of Barking | 1:52:48 | 1:52:56 | |
for bringing this important debate
and all the journalists involved in | 1:52:56 | 1:53:00 | |
this investigation. I hope in my
short contribution I might elicit | 1:53:00 | 1:53:04 | |
from the Minister a modicum of
regret for some of his recent | 1:53:04 | 1:53:06 | |
actions because what we need to talk
about today's tax avoidance, and I | 1:53:06 | 1:53:10 | |
want to take on the Challenge put
forward by the Member for Morkel. | 1:53:10 | 1:53:14 | |
What precisely is the issue with
these offshore companies, and more | 1:53:14 | 1:53:19 | |
specifically why would anybody hold
UK property at UK entities overseas? | 1:53:19 | 1:53:23 | |
Because when you | 1:53:23 | 1:53:33 | |
look at that, I believe these papers
produced two very clear issues for | 1:53:35 | 1:53:38 | |
us, first and foremost the case for
transparency, and PFI companies and | 1:53:38 | 1:53:40 | |
why that is a problem, and second
the case for addressing the | 1:53:40 | 1:53:42 | |
loopholes that this has brought
forward for us. I have only got two | 1:53:42 | 1:53:45 | |
minutes left. There are nine
offshore infrastructure companies | 1:53:45 | 1:53:48 | |
who own between 50 and 100% of the
equity in 335 equity and PFI | 1:53:48 | 1:53:56 | |
project, 12 companies have occurred
in 74% of all the current project. | 1:53:56 | 1:53:59 | |
We do not know at this point in time
what tax is being held overseas as a | 1:53:59 | 1:54:05 | |
result of it, tax that was part of
the PFI value for money assessment. | 1:54:05 | 1:54:09 | |
These papers reveal quite how that
happens. Secondly, an avoidance and | 1:54:09 | 1:54:14 | |
capital gains tax, these papers
reveal that Blackstone which avoided | 1:54:14 | 1:54:19 | |
stamp duty and capital gains tax to
a value of around £66 billion. These | 1:54:19 | 1:54:25 | |
are all choices, because at the end
of the day we know that the lawyers | 1:54:25 | 1:54:29 | |
involved like water moving towards
the sea, they will follow the | 1:54:29 | 1:54:32 | |
easiest route. The problem here is
politicians, not lawyers. Does my | 1:54:32 | 1:54:39 | |
honourable friend support
country-by-country reporting? | 1:54:39 | 1:54:43 | |
Absolutely, and I concur with all
those who brought that. But I also | 1:54:43 | 1:54:46 | |
believe we can take action in this
House, a new cause -- specifically, | 1:54:46 | 1:54:57 | |
a new clause for the Finance Bill. I
will take no lectures about how | 1:54:57 | 1:55:01 | |
wonderfully this government is doing
an tax avoidance when just two weeks | 1:55:01 | 1:55:04 | |
ago they voted down a measure that
would have brought in £6 billion a | 1:55:04 | 1:55:08 | |
year to Alex Cejka and given British
business is a level playing field. | 1:55:08 | 1:55:15 | |
-- to the Exchequer. We are not
getting this tax money because these | 1:55:15 | 1:55:24 | |
companies are registered overseas.
And neither will I take lectures | 1:55:24 | 1:55:26 | |
from the Minister about loans given
that he passed in this Finance Bill | 1:55:26 | 1:55:30 | |
a measure to reduce the share relief
that PFI companies can claim on | 1:55:30 | 1:55:34 | |
their loans, so the very companies
that own millions of pounds worth of | 1:55:34 | 1:55:38 | |
our public sector that are able to
trade off the interest that they pay | 1:55:38 | 1:55:42 | |
on those loans in overseas
companies, he has just passed an | 1:55:42 | 1:55:45 | |
amendment to make sure they don't
have to pay any tax on that. And | 1:55:45 | 1:55:51 | |
they can hold these companies
overseas so that we don't even see | 1:55:51 | 1:55:53 | |
what happens. So I want to propose
some simple ways. We need a public | 1:55:53 | 1:55:58 | |
register. But we also need a
moratorium on all public investment | 1:55:58 | 1:56:04 | |
in these companies until we know
precisely what tax we are missing, | 1:56:04 | 1:56:07 | |
until we can be confident that these
offshore companies are not milking | 1:56:07 | 1:56:11 | |
the British taxpayer twice in not
paying their taxes and getting us to | 1:56:11 | 1:56:16 | |
pay for them through PFI investment.
We must also close the loophole of | 1:56:16 | 1:56:20 | |
capital gains tax on commercial
properties as a matter of urgency. | 1:56:20 | 1:56:24 | |
Everybody who is facing cuts in
their public services cannot allow | 1:56:24 | 1:56:27 | |
that to continue for a second
longer. And we need to rethink their | 1:56:27 | 1:56:31 | |
decision to give the PFI companies
tax relief that this Government has | 1:56:31 | 1:56:34 | |
just given them. I hope the Minister
regret his actions, because frankly | 1:56:34 | 1:56:38 | |
this is not about the Paradise
Papers, it is about parasites | 1:56:38 | 1:56:49 | |
bleeding the system. I am grateful
to you for allowing this debate and | 1:56:49 | 1:56:52 | |
to all members who have
participated, particularly those who | 1:56:52 | 1:56:56 | |
looked beyond the narrow political
party interest and more at the | 1:56:56 | 1:57:00 | |
public interest. We can't allow the
serious issues raised by the | 1:57:00 | 1:57:04 | |
Paradise Papers today to simply
become the fish and chips wrappers | 1:57:04 | 1:57:09 | |
for people tomorrow. It is our
responsibility as lawmakers to do | 1:57:09 | 1:57:14 | |
all that we can in the UK and with
our international partners to stamp | 1:57:14 | 1:57:17 | |
out an injustice that is both unfair
and offensive. The Government can | 1:57:17 | 1:57:23 | |
take action that will make a
difference, and it needs strong | 1:57:23 | 1:57:30 | |
political will to make that happen.
I urge the Government in the budget | 1:57:30 | 1:57:34 | |
next week to act.
THE SPEAKER: The question is as on | 1:57:34 | 1:57:41 | |
the order paper, as many as agreeing
say aye, to the contrary, no. The | 1:57:41 | 1:57:48 | |
ayes have it, the ayes have it. Have
you heard, Mr Speaker, from the | 1:57:48 | 1:57:54 | |
Foreign Office on an intention to
speak in this House on the ongoing | 1:57:54 | 1:58:01 | |
coup in Zimbabwe? The short answer
is that I have received no | 1:58:01 | 1:58:06 | |
indication from any Minister from
the Foreign Office or any other | 1:58:06 | 1:58:09 | |
department of an intention to make a
statement on that matter, however | 1:58:09 | 1:58:12 | |
what the honourable gentleman has
said will have been of great | 1:58:12 | 1:58:17 | |
interest to members in all parts of
the House, and importantly, his | 1:58:17 | 1:58:22 | |
remarks will have been heard on the
Treasury bench. Knowing the | 1:58:22 | 1:58:26 | |
honourable gentleman as I do, his
interest in this subject and his | 1:58:26 | 1:58:30 | |
experience, I've got a feeling we
are going to hear more about this | 1:58:30 | 1:58:33 | |
matter before very long. Meanwhile,
he has put his point very firmly on | 1:58:33 | 1:58:39 | |
the record. If there are no further
points of order, we proceed to the | 1:58:39 | 1:58:46 | |
main business, the clerk will now
proceed to read the orders of the | 1:58:46 | 1:58:49 | |
day. European Union withdrawal bill
committee. Order. | 1:58:49 | 1:58:58 | |
Order. European Union withdrawal
Bill. May I first of all draw the | 1:59:22 | 1:59:31 | |
attention of the House to a mistake
on page one of the notice paper. The | 1:59:31 | 1:59:36 | |
name of John Grogan should not have
appeared as a supporter of new | 1:59:36 | 1:59:42 | |
clause 40 nine. We will begin with
new clause 49, with which it will be | 1:59:42 | 1:59:48 | |
convenient to take amendment 79, and
clause 1 together with other | 1:59:48 | 1:59:56 | |
amendments which will come on later
date in committee as listed on the | 1:59:56 | 1:59:59 | |
selection paper. I now call Mr Frank
Field. I rise to move the amendments | 1:59:59 | 2:00:07 | |
in my name and all those other names
that still remain on the order paper | 2:00:07 | 2:00:14 | |
from what we have actually just
heard, and although of course I'm | 2:00:14 | 2:00:18 | |
limited to moving clause 49, this
clause 49 is linked to clause 50 and | 2:00:18 | 2:00:27 | |
51 and 52, and the reasons for that
I might develop in a moment if I | 2:00:27 | 2:00:31 | |
may. But I wish to begin by
declaring my sentiments in moving | 2:00:31 | 2:00:35 | |
this clause and the clauses which
are publicly attached to it. The | 2:00:35 | 2:00:43 | |
first is that I am a reluctant
Brexiteer. I am too old to feel that | 2:00:43 | 2:00:51 | |
I was born to bring us out of
Europe, but I've not had one of this | 2:00:51 | 2:00:56 | |
evangelical revivals that somehow
life began again once we entered | 2:00:56 | 2:00:59 | |
into the Common Market, and my aim
and purpose and being and everything | 2:00:59 | 2:01:05 | |
I breathe was to get us sight of
that organisation. That is not so. | 2:01:05 | 2:01:11 | |
In my own constituency and the small
amount of work I did nationally, I | 2:01:11 | 2:01:16 | |
stressed it was on a balance that we
actually had to make a decision | 2:01:16 | 2:01:21 | |
about Europe, and that we didn't
need more facts about Europe, we | 2:01:21 | 2:01:25 | |
needed to draw on our very nature
is, all that we had been taught, in | 2:01:25 | 2:01:32 | |
our culture, in our very being, and
where we feel we stand in this | 2:01:32 | 2:01:37 | |
country to make that decision on
whether we wish to leave or not. And | 2:01:37 | 2:01:42 | |
I | 2:01:42 | 2:01:52 | |
also in this amendment, we are
debating an exit date of March 2019, | 2:01:52 | 2:01:58 | |
and yet grouped with it there are
Government amendments to be debated | 2:01:58 | 2:02:01 | |
at a later date which put the exit
date at 11pm on March 29 2019. There | 2:02:01 | 2:02:08 | |
is a difference of one hour, as does
far as I'm aware, the clocks only go | 2:02:08 | 2:02:13 | |
forward on Sunday the 31st of March.
So could you give some guidance to | 2:02:13 | 2:02:18 | |
the movers of these amendments so
that the arch Brexiteers on both | 2:02:18 | 2:02:22 | |
sides get their clocks and house in
order? Lets not worry about time too | 2:02:22 | 2:02:27 | |
much, because we are using it up at
the moment, but it is a matter for | 2:02:27 | 2:02:32 | |
the debate to decide, not for me to
decide, and when we get there, we | 2:02:32 | 2:02:36 | |
will know better, so let's not take
more time. It is a good | 2:02:36 | 2:02:41 | |
intervention, because my amendment
decides on British time when to | 2:02:41 | 2:02:47 | |
lead, and their amendment is at the
beckoning of Europeans, so we have a | 2:02:47 | 2:02:52 | |
clear choice, and I would willingly
take those interruptions that are | 2:02:52 | 2:02:55 | |
trying to trip me up in making this
short contribution. So the first | 2:02:55 | 2:03:02 | |
thing is, I fought as much as I
could the referendum campaign being | 2:03:02 | 2:03:06 | |
a reluctant Brexiteer. It was on
balance that I thought our country's | 2:03:06 | 2:03:13 | |
future and increasingly our future
would thrive outside rather than | 2:03:13 | 2:03:16 | |
inside. I boys wanted to make a
deal, although I thought it | 2:03:16 | 2:03:24 | |
immensely sensible in any
negotiations that you have to make | 2:03:24 | 2:03:26 | |
sure the other side knows that you
may be banking and planning for no | 2:03:26 | 2:03:31 | |
deal. And the third factor that I
will touch again in a moment when we | 2:03:31 | 2:03:38 | |
think what the House of Lords might
do to a bill of this size, it has | 2:03:38 | 2:03:45 | |
been very difficult for most of us
to come to terms with what our role | 2:03:45 | 2:03:51 | |
has been as MPs in a representative
democracy, and how we come to terms, | 2:03:51 | 2:03:58 | |
and digester fact that a referendum
has taken place, and the British | 2:03:58 | 2:04:03 | |
people have spoken. How do we we act
in those circumstances which I | 2:04:03 | 2:04:10 | |
believe are unique and in no way
comparable with any other | 2:04:10 | 2:04:13 | |
Parliamentary procedure that we
consider in this House. As I said at | 2:04:13 | 2:04:20 | |
the very beginning and before I was
helpfully interrupted, this clause | 2:04:20 | 2:04:27 | |
stands with three other new clauses.
Together, they present the | 2:04:27 | 2:04:32 | |
Government with a clean, small,
slimline Brexit bill. Which by the | 2:04:32 | 2:04:38 | |
time we get to the end of this
process, this life raft, they will | 2:04:38 | 2:04:45 | |
thank the Lord that it is actually
in the Bill, and it is one that they | 2:04:45 | 2:04:48 | |
will be able to get on. Today in the
amendment, we decide on the date by | 2:04:48 | 2:04:55 | |
British time, not European time,
when we actually leave. That is our | 2:04:55 | 2:04:59 | |
choice. It is about the freedom, a
little freedom, the beginnings of | 2:04:59 | 2:05:05 | |
freedom, but we hope will flow, with
difficulties of course, by actually | 2:05:05 | 2:05:09 | |
setting us on the course of leaving
the European union. The second thing | 2:05:09 | 2:05:16 | |
is a simple clause that ensures that
all the laws and regulations come | 2:05:16 | 2:05:24 | |
onto our statute point, at that
point of time, British time, not | 2:05:24 | 2:05:30 | |
European time. And can I just
finished, and then I will willingly | 2:05:30 | 2:05:33 | |
give way. The third clause is how
Parliament reviews those laws. Once | 2:05:33 | 2:05:40 | |
we wish to keep fully, those we wish
to amend, those we wish to thereby | 2:05:40 | 2:05:46 | |
add to, those we wish to kick out.
But the clause says this House will | 2:05:46 | 2:05:53 | |
decide how that process is done, and
I'm sure before we have actually | 2:05:53 | 2:05:56 | |
finished our debate on this bill,
this committee stage, the Government | 2:05:56 | 2:06:01 | |
will be agreeing with me on that.
Because the Henry VIII staff is an | 2:06:01 | 2:06:09 | |
absurd way of going about the
business. Although as we get down to | 2:06:09 | 2:06:12 | |
the mega task of reviewing, we may
beg the Government for a touch of | 2:06:12 | 2:06:18 | |
Henry VIII to get through the size
of the task which will be before us. | 2:06:18 | 2:06:22 | |
Last point is given that we have
real difficulties of completing a | 2:06:22 | 2:06:30 | |
negotiation, I've got views on that
with this clause. I said I will give | 2:06:30 | 2:06:34 | |
way to the honourable lady as soon
as I have finished explaining this | 2:06:34 | 2:06:38 | |
and the three clauses attached to
it. We need a safe haven. Talking of | 2:06:38 | 2:06:43 | |
a safe haven... I thank my right
honourable friend forgiving way. | 2:06:43 | 2:06:50 | |
Would he not concede however that an
arbitrary date for Brexit could risk | 2:06:50 | 2:06:56 | |
damaging the British economy is
clear evidence emerges as it already | 2:06:56 | 2:07:01 | |
is that harrying Brexit may indeed
badly damage our manufacturing | 2:07:01 | 2:07:05 | |
sector, our cultural agricultural
sector and our financial services | 2:07:05 | 2:07:12 | |
sector. I am supported by people
largely whose constituents agree | 2:07:12 | 2:07:18 | |
with me and not their views. And how
they deal with that is not my | 2:07:18 | 2:07:24 | |
problem. I agree it is a difficult
problem, which doesn't mean to say | 2:07:24 | 2:07:28 | |
that one should have any particular
solution to it. But Labour voters, | 2:07:28 | 2:07:34 | |
the larger the majority, generally
speaking, the more clear they spoke | 2:07:34 | 2:07:39 | |
about Brexit. Absolutely...
SHOUTING | 2:07:39 | 2:07:51 | |
I will be dealing with her pointed a
moment. It comes down to, who do we | 2:07:51 | 2:07:56 | |
think we are dealing with? Are we
playing a game of cricket, or have | 2:07:56 | 2:08:01 | |
we got people who are... I am just
saying that. I'm saying that. Some | 2:08:01 | 2:08:07 | |
people suggest, I am saying that we
will be fighting for our lives, and | 2:08:07 | 2:08:12 | |
why we want this clause, if I ever
get on to fully explaining it, I | 2:08:12 | 2:08:17 | |
will actually say so. Mal Brobbel
friend wanted to intervene. | 2:08:17 | 2:08:24 | |
I was confused by the idea that all
Labour supporters are supporting his | 2:08:24 | 2:08:30 | |
decision, but the majority didn't.
Would he correct the record? I | 2:08:30 | 2:08:37 | |
happily add to the record because it
makes some people's circumstances | 2:08:37 | 2:08:42 | |
more difficult, I said generally
speaking the larger the Labour | 2:08:42 | 2:08:47 | |
majority in a general election, the
bigger the turnout. The last | 2:08:47 | 2:08:53 | |
election and the one before that and
the one before that... The more | 2:08:53 | 2:08:57 | |
likely they were to vote leaving.
Before I give way... Order, order. | 2:08:57 | 2:09:15 | |
We don't need everybody stood up at
the same time, I'm sure if the | 2:09:15 | 2:09:21 | |
gentleman is going to give way he
will say so, but please don't keep | 2:09:21 | 2:09:26 | |
standing up at the same time. Before
I give way, and before I... Mr | 2:09:26 | 2:09:38 | |
Farrelly has already had a good
start to the day, let's not continue | 2:09:38 | 2:09:42 | |
in the same way. As I would say, in
qualifying that general statement, | 2:09:42 | 2:09:47 | |
the area I love to represent, not my
own constituency but others, who | 2:09:47 | 2:09:52 | |
actually voted to Remain, they were
against the trend in the country of | 2:09:52 | 2:10:00 | |
Labour support and the referendum. I
will give way. I'm grateful to my | 2:10:00 | 2:10:08 | |
colleague. He is making a case I
don't agree with, but with his | 2:10:08 | 2:10:14 | |
normal reasonable approach. I think
he needs to focus on the fact... | 2:10:14 | 2:10:21 | |
He's probably right, at the moment,
most people haven't changed their | 2:10:21 | 2:10:24 | |
mind and the reasons they voted to
leave the main as far as they are | 2:10:24 | 2:10:31 | |
concerned and resolve may think it
will be resolved by leaving. The | 2:10:31 | 2:10:35 | |
question I would ask, though,
supposing it emerges within the next | 2:10:35 | 2:10:42 | |
year that all of the reasons why
they voted the way they did not | 2:10:42 | 2:10:45 | |
going to be realised and on top of
that, the economic consequences will | 2:10:45 | 2:10:51 | |
be disastrous, what then? I only
have four short sheets of paper. | 2:10:51 | 2:11:01 | |
It's taken all this time. I do have
an answer for that. Any | 2:11:01 | 2:11:09 | |
politician... Indeed, it seems to me
the Labour side that needs educating | 2:11:09 | 2:11:16 | |
as I would say to wear Labour voters
are. And if my very honourable | 2:11:16 | 2:11:25 | |
friend can contain himself, I hope I
have a... I will take account of | 2:11:25 | 2:11:31 | |
that, but I would emphasise, is
wisdom in saying we don't know where | 2:11:31 | 2:11:35 | |
these negotiations will end up, they
are fraught, especially if you have | 2:11:35 | 2:11:40 | |
a group of people that don't really
want you to succeed because they | 2:11:40 | 2:11:45 | |
fear what would happen in their own
countries if you actually did | 2:11:45 | 2:11:48 | |
succeed, and that is part of the
negotiations that we will actually | 2:11:48 | 2:11:52 | |
have. I'm grateful to my right
honourable friend, did you receive a | 2:11:52 | 2:12:03 | |
pamphlet from the government during
the referendum, paid for by the | 2:12:03 | 2:12:08 | |
taxpayers, which on the backside,
that the government would carry out | 2:12:08 | 2:12:16 | |
the wishes of the people by the
referendum? And doesn't he believe a | 2:12:16 | 2:12:22 | |
fixed date actually delivers what
the people voted for? I have to | 2:12:22 | 2:12:29 | |
confess, in receiving the pamphlet
but throwing it away in the bin | 2:12:29 | 2:12:34 | |
immediately. I never believed the
sort of campaign we fought with | 2:12:34 | 2:12:42 | |
false truths on both sides enhanced
the standing of us as a political | 2:12:42 | 2:12:48 | |
class or addressed the very serious
issues of which people had to sum up | 2:12:48 | 2:12:54 | |
everything they knew about, their
own identity and their community, | 2:12:54 | 2:13:00 | |
the country's identity and the
position they want to see in the | 2:13:00 | 2:13:03 | |
world, but which we all know people
take different views on. The idea | 2:13:03 | 2:13:08 | |
that a government pamphlet was going
to help, dear God. But I will give | 2:13:08 | 2:13:14 | |
way to my honourable friend. He did
qualify his earlier statement, but | 2:13:14 | 2:13:25 | |
would he accept that at the last
general election over 85% of | 2:13:25 | 2:13:29 | |
Liverpool Riverside constituents
voted for the Labour Party candidate | 2:13:29 | 2:13:36 | |
and 73% of Liverpool Riverside voted
to Remain, so those people have | 2:13:36 | 2:13:43 | |
great wisdom, does he accept? If it
did -- if I did, it would mean the | 2:13:43 | 2:13:53 | |
voters of Birkenhead did not have
wisdom, so I will not put my head in | 2:13:53 | 2:13:58 | |
that direction, no, I have given way
once. We have a serious debate. I | 2:13:58 | 2:14:05 | |
will if I can make progress
willingly ring people in if we go | 2:14:05 | 2:14:08 | |
along. -- bring people. I wish to
express disappointment with the | 2:14:08 | 2:14:15 | |
government and how they are handling
the strategy. I don't believe there | 2:14:15 | 2:14:20 | |
is a sense of importance and drive
or coherence that this issue merits. | 2:14:20 | 2:14:27 | |
I've argued | 2:14:27 | 2:14:34 | |
privately that anyone serious about
comparing this historic event with | 2:14:34 | 2:14:36 | |
fighting for survival in World War
II would have followed the move that | 2:14:36 | 2:14:41 | |
Churchill made once he took over
from Chamberlain, he would have | 2:14:41 | 2:14:47 | |
moved from the ramshackle way of
existing institutions and he | 2:14:47 | 2:14:56 | |
established a war cabinet, and I
believe that... I think we need a | 2:14:56 | 2:15:08 | |
Brexit Cabinet, small with an offer
to the opposition to be on it, as in | 2:15:08 | 2:15:15 | |
wartime, which Clement Attlee
accepted, that we actually try to | 2:15:15 | 2:15:18 | |
have a national interest... You may
laugh. Well, I mean... You want a | 2:15:18 | 2:15:30 | |
job. Clearly this is proving
shocking to this side, but this will | 2:15:30 | 2:15:38 | |
also be a test of whether we are
intent of the best possible terms | 2:15:38 | 2:15:44 | |
and whether we have a clear position
or not and whether we are putting | 2:15:44 | 2:15:47 | |
our country first. I will give way.
I thank my friend and neighbour | 2:15:47 | 2:15:56 | |
forgiving way. Can I ask him if he
agrees that the reason why we ought | 2:15:56 | 2:16:01 | |
to have such cross-party
co-operation is because this issue | 2:16:01 | 2:16:05 | |
is not a joke, this is about the
future of our country, and that is | 2:16:05 | 2:16:09 | |
why we should listen to everyone in
this Hazard, and not just the narrow | 2:16:09 | 2:16:13 | |
interests of the Tory party -- in
this House. My honourable friend, | 2:16:13 | 2:16:21 | |
she ended her sentence rather early,
that we should try and be able to | 2:16:21 | 2:16:30 | |
put aside differences and
concentrate on the national issue | 2:16:30 | 2:16:39 | |
for now. I'm not going to give way
until much later now, much much | 2:16:39 | 2:16:45 | |
later. I did give way to you. Try
another point of order and see | 2:16:45 | 2:16:53 | |
whether it works. The first is a
real disappointment, as we have | 2:16:53 | 2:17:03 | |
seized the aerial bombardment over
this Bill -- ceased. And we are now | 2:17:03 | 2:17:12 | |
down to hand-to-hand fighting over
the nature of our leaving, but the | 2:17:12 | 2:17:18 | |
sentiments of my honourable friend,
my neighbour, about us trying to | 2:17:18 | 2:17:24 | |
steer this debate in the national
interest is crucially important. No, | 2:17:24 | 2:17:30 | |
I'm not giving way. I want other
people to get into the debate. The | 2:17:30 | 2:17:35 | |
second reason why I feel
disappointment with the government's | 2:17:35 | 2:17:42 | |
stance is that I feel they misread
the other side with whom we are | 2:17:42 | 2:17:45 | |
negotiating. A British assumption is
always give and take, but what we | 2:17:45 | 2:17:52 | |
have now is the Michel Barnier rule
of all take and no give, and I will | 2:17:52 | 2:17:59 | |
comment on how I think we should
respond to that in a moment. Anybody | 2:17:59 | 2:18:04 | |
who was serious as all of us have
been about wishing to award equal | 2:18:04 | 2:18:13 | |
status and citizenship to EU
citizens in this country, no those | 2:18:13 | 2:18:18 | |
negotiations could have been over in
half an hour, there was never ever | 2:18:18 | 2:18:22 | |
the intention of the other side
taking that off and saying that is | 2:18:22 | 2:18:28 | |
very good, there are millions of
people's lives that have been put at | 2:18:28 | 2:18:33 | |
ease about that fact, Britons living
in the European Union, and European | 2:18:33 | 2:18:38 | |
citizens living in Britain, and I
think we should very carefully | 2:18:38 | 2:18:44 | |
consider that from our negotiations
from now on. The dead disappointment | 2:18:44 | 2:18:50 | |
is the government producing a bill
like this -- the third. I thought | 2:18:50 | 2:18:54 | |
when we were campaigning to leave we
were thinking of two, three, four | 2:18:54 | 2:19:00 | |
clause bill, to get us out, and I
know the government has been | 2:19:00 | 2:19:04 | |
beguiled by their first title, the
grand reform bill, and some are | 2:19:04 | 2:19:09 | |
clever people thought you can only
be grand if you have something | 2:19:09 | 2:19:12 | |
large, rather than something that
aims to be effective. But I do not | 2:19:12 | 2:19:18 | |
believe a bill of this size,
timetabled as it will to deliver it | 2:19:18 | 2:19:21 | |
to the government, will actually to
and much chance of getting to the | 2:19:21 | 2:19:26 | |
House of Lords. Hence I underline
the theme, there is a rescue launch, | 2:19:26 | 2:19:33 | |
waiting in the four clauses I will
be proposing... That are linked to | 2:19:33 | 2:19:42 | |
this first clause which I have such
pleasure in moving. Would you accept | 2:19:42 | 2:19:47 | |
that the House of Lords is of course
on elected and it has actually also | 2:19:47 | 2:19:54 | |
passed the referendum act itself by
its own decision and it really has | 2:19:54 | 2:20:00 | |
no justification whatsoever for
attempting to obstruct delay or to | 2:20:00 | 2:20:07 | |
undermine this Bill. I very very
very important lesson needs to go to | 2:20:07 | 2:20:16 | |
some of those in the House of Lords
who think they can wreck this Bill | 2:20:16 | 2:20:21 | |
and wear us down so that Brexit
never takes place. There is a very | 2:20:21 | 2:20:27 | |
important convention, the Salisbury
convention, and there is a very | 2:20:27 | 2:20:32 | |
important difference between a
referendum and a party's manifesto. | 2:20:32 | 2:20:39 | |
The Salisbury convention allows us
to give and take over the important | 2:20:39 | 2:20:45 | |
parts of the manifesto. Which
governments rightly feel committed | 2:20:45 | 2:20:51 | |
to, through which they wish to
pursue in Parliament and stand for | 2:20:51 | 2:20:55 | |
real action on saying they have done
the job they promised to do, and we | 2:20:55 | 2:21:00 | |
are in a different ball game. At the
beginning I try to say it is | 2:21:00 | 2:21:06 | |
difficult for all of us to get to
terms with being the role we have as | 2:21:06 | 2:21:10 | |
MPs and the role that we have in a
post-referendum debate. Their | 2:21:10 | 2:21:17 | |
Lordship should know that if they
try to wreck this Bill, then many of | 2:21:17 | 2:21:24 | |
us will push the nuclear button. I
work side of the house would like to | 2:21:24 | 2:21:31 | |
see the House of Lords go -- our
side. I'm surprised there wasn't any | 2:21:31 | 2:21:37 | |
cheering. They will sound their own
deathknell, not one of them is | 2:21:37 | 2:21:46 | |
elected and none of them have any
standing whatsoever in preventing | 2:21:46 | 2:21:55 | |
the government in fighting the House
of Commons to implement a referendum | 2:21:55 | 2:22:00 | |
decision which we are doing today.
I'm very grateful forgiving way and | 2:22:00 | 2:22:07 | |
I'm following your argument the
close attention. But part of the | 2:22:07 | 2:22:14 | |
Leave Eichmann was to take back
control for the country and | 2:22:14 | 2:22:17 | |
Parliament as a whole -- argument.
Is he now try to undermine the | 2:22:17 | 2:22:23 | |
bilateral system? Not at all. We
will be going late on these days if | 2:22:23 | 2:22:28 | |
the honourable gentleman would like
to read my website agency might | 2:22:28 | 2:22:34 | |
outline views on the House of Lords
reform which are different from | 2:22:34 | 2:22:39 | |
most. But certainly not by the party
whips are deciding this, but I don't | 2:22:39 | 2:22:49 | |
go down that path because I wet the
touching on the new clause -- I | 2:22:49 | 2:22:55 | |
won't be touching Foster my
honourable friend has had one | 2:22:55 | 2:22:59 | |
intervention by a point of order and
I think that is it for him. This new | 2:22:59 | 2:23:06 | |
clause... LAUGHTER
Sidelight. This new clause should be | 2:23:06 | 2:23:12 | |
the start of a new negotiating
position. Michel Barnier has told us | 2:23:12 | 2:23:20 | |
that we have to put our money on the
table and get serious within two | 2:23:20 | 2:23:24 | |
weeks. I think we should jump at
this opportunity. I think we should | 2:23:24 | 2:23:31 | |
say in two weeks, the government
should lay the outline of our | 2:23:31 | 2:23:35 | |
agreement and I believe they should
say over which decades they are | 2:23:35 | 2:23:41 | |
prepared to meet our commitments and
I believe they should say at that | 2:23:41 | 2:23:48 | |
point, at the end of the two weeks,
we cease to play any contributions | 2:23:48 | 2:23:52 | |
to the European Union. | 2:23:52 | 2:23:56 | |
I want to see the balance of power
moved swiftly from the boot to our | 2:23:56 | 2:24:00 | |
boot. And that from that date, two
weeks hence, at the invitation of Mr | 2:24:00 | 2:24:12 | |
Barnier, we actually say, fine, here
is the outline of the agreement, | 2:24:12 | 2:24:15 | |
here is the beginning of the money
settlement, paid over period of time | 2:24:15 | 2:24:19 | |
because there are pension
contributions and so on, but from | 2:24:19 | 2:24:23 | |
this day until you start seriously
negotiating with us, which they | 2:24:23 | 2:24:27 | |
haven't, then in fact there is no
more money going. Now, it's wrong to | 2:24:27 | 2:24:33 | |
think all of the 17 billion a year
will be coming back to us. There is | 2:24:33 | 2:24:38 | |
already coming back to us the 5
billion that Mrs Thatcher negotiated | 2:24:38 | 2:24:45 | |
from the unfair formula. Watered
down, by whom I won't say, but there | 2:24:45 | 2:24:54 | |
is only so much one can say from
these benches. Watered down | 2:24:54 | 2:25:01 | |
nevertheless, it is 5 billion coming
back, and there is 4 billion coming | 2:25:01 | 2:25:07 | |
back to promote anti-poverty
programmes in this country. I wish | 2:25:07 | 2:25:11 | |
to tell The House I applied for
money from these funds boot to feed | 2:25:11 | 2:25:18 | |
people who are hungry, may be
starving, and what did Mr Barnier | 2:25:18 | 2:25:23 | |
and his group do? Nothing. So we
have supposedly huge sums of money | 2:25:23 | 2:25:31 | |
coming back at their direction, what
it should be spent on, but actually | 2:25:31 | 2:25:34 | |
doesn't feed people who are hungry.
Mr Chairman, Mr Hoyle, I want to end | 2:25:34 | 2:25:44 | |
now by saying I shall push this
amendment to a division. I do so for | 2:25:44 | 2:25:50 | |
a number of reasons. One is, it
always seems to me to get an | 2:25:50 | 2:25:54 | |
advantage when you can rather than
later. A bird in the hand is better | 2:25:54 | 2:25:59 | |
than two in the bush. And while the
Government is introducing its own | 2:25:59 | 2:26:04 | |
timetable set by the European
bureaucrats, whoever they are | 2:26:04 | 2:26:08 | |
instructing, when we might take a
leave of them, I think we should | 2:26:08 | 2:26:12 | |
actually make a decision today and
leave on our terms and on our time. | 2:26:12 | 2:26:19 | |
But it is as I say, this is a clause
which ought not to be read in | 2:26:19 | 2:26:30 | |
isolation, it has all the clauses
which give us an alternative way of | 2:26:30 | 2:26:35 | |
exiting without all the claptrap the
Government has put in this bill, and | 2:26:35 | 2:26:38 | |
I believe before the end of the
negotiations, something like this | 2:26:38 | 2:26:47 | |
four clause bill will be adopted. To
the first and civilised intervention | 2:26:47 | 2:26:57 | |
I had about timing, maybe it is a
fallacy to accept that one can have | 2:26:57 | 2:27:04 | |
1's own terms and terms for the
nation, but I have never bought a | 2:27:04 | 2:27:07 | |
house without having in a contract
the date when it is mine, when I can | 2:27:07 | 2:27:12 | |
actually get in. I have never
actually apart from being elected to | 2:27:12 | 2:27:17 | |
the House of Commons, but knowing
that I would actually have an up to | 2:27:17 | 2:27:25 | |
five year contract, I have never had
a job that doesn't have a starting | 2:27:25 | 2:27:29 | |
date in it. And therefore... Of
course I will. I am very grateful to | 2:27:29 | 2:27:35 | |
my right honourable friend for
giving way. I think his analogy | 2:27:35 | 2:27:38 | |
about buying a house falls down at
the first hurdle, because nobody | 2:27:38 | 2:27:42 | |
commits to a date to buy a house
before they know what it is that | 2:27:42 | 2:27:46 | |
they're buying. Secondly, and the
substantive point is this. Is not | 2:27:46 | 2:27:53 | |
the fatal weakness of what he
proposes, and I respect the way in | 2:27:53 | 2:27:57 | |
which he argues his case, as he
always does, this, that the | 2:27:57 | 2:28:02 | |
Secretary of State said to us when
he came to appear before the select | 2:28:02 | 2:28:05 | |
committee that it is possible that
negotiations may go to the 59th | 2:28:05 | 2:28:08 | |
minute of the 11th hour, and that is
undoubtedly possible. In those | 2:28:08 | 2:28:15 | |
circumstances, does it really make
sense to bind the hands of the | 2:28:15 | 2:28:19 | |
country and those who are
negotiating on behalf of the country | 2:28:19 | 2:28:22 | |
to get the best deal we can get,
which is also the weakness of the | 2:28:22 | 2:28:27 | |
Government's own amendment, does it
make sense to do that? As my right | 2:28:27 | 2:28:33 | |
honourable friend was kind to me
about the House analogy, I have | 2:28:33 | 2:28:41 | |
always bought my houses, never
inherited them. I bought nine, -- | 2:28:41 | 2:28:56 | |
mine, too. Mr Chairman, I... I have
been corrected, and I withdraw it, | 2:28:56 | 2:29:08 | |
of course I do. But the idea that
the biggest decisions in our lives, | 2:29:08 | 2:29:16 | |
like buying a house, we take the
most time over, is not borne out by | 2:29:16 | 2:29:20 | |
any research whatsoever. Can I now
conclude... I apologise to you. | 2:29:20 | 2:29:32 | |
Absolutely. The right honourable
gentleman has been a political ally | 2:29:32 | 2:29:39 | |
of mine in previous cross-party
arrangements, but not on this | 2:29:39 | 2:29:42 | |
occasion. He has dodged answering
the perfectly serious point that his | 2:29:42 | 2:29:49 | |
right honourable friend just put to
him. As things stand, Article 50 | 2:29:49 | 2:29:54 | |
will take effect in March 2019, and
we will leave. Anything in these | 2:29:54 | 2:30:02 | |
bills are superfluous to that. The
problem could arise only if, and | 2:30:02 | 2:30:08 | |
it's possible, 28 member states all
agree that they are near to a | 2:30:08 | 2:30:13 | |
conclusion, but they actually
require a few more days, a few more | 2:30:13 | 2:30:17 | |
weeks to settle it. Once we're
going, they won't want to stay in | 2:30:17 | 2:30:21 | |
very much longer, because they won't
want to surround for the European | 2:30:21 | 2:30:25 | |
Parliament elections, but actually,
it would be utterly foolish if 28 | 2:30:25 | 2:30:30 | |
governments all agree to extend the
process, and the British | 2:30:30 | 2:30:34 | |
representative had to say, we've put
into British law a time in which | 2:30:34 | 2:30:39 | |
says to the second when we are
actually leaving. And that seems to | 2:30:39 | 2:30:44 | |
me a rather serious flaw. | 2:30:44 | 2:30:49 | |
For a very right honourable friend
who's such a good lawyer, I wish she | 2:30:54 | 2:31:01 | |
had Redmayne amendment, because it
has a day rather than a minute of | 2:31:01 | 2:31:04 | |
when we actually leave. But I want
to answer the point. Despite all the | 2:31:04 | 2:31:13 | |
encouragement from behind. I was so
anxious to withdraw what I said | 2:31:13 | 2:31:16 | |
about my honourable friend, I forgot
to raise the substantive point that | 2:31:16 | 2:31:21 | |
he addressed to me, and I wish to do
that having been reminded by the | 2:31:21 | 2:31:27 | |
right honourable gentleman. And that
is, if we look over our whole | 2:31:27 | 2:31:31 | |
history in Europe, the idea that we
finish a negotiations other than at | 2:31:31 | 2:31:35 | |
the very last minute is almost
unheard of. And this will actually, | 2:31:35 | 2:31:41 | |
by putting the time in, it will say,
you have to begin your shenanigans a | 2:31:41 | 2:31:48 | |
month before that rather than the
month after it. So, Mr Hoyle, I'm | 2:31:48 | 2:31:55 | |
grateful to be able to move this
amendment, to remind people it's | 2:31:55 | 2:32:01 | |
part of a short exit bill, which I
think the Government... Very good, | 2:32:01 | 2:32:05 | |
yes. I'm grateful to the gentleman
because I know he's concluding. But | 2:32:05 | 2:32:11 | |
his whole argument about
inflexibility falls when you look at | 2:32:11 | 2:32:14 | |
Article 50 itself. It was very
specific for a very simple reason, | 2:32:14 | 2:32:17 | |
and that is that in that timescale,
it is therefore determined on those | 2:32:17 | 2:32:22 | |
who are negotiating to reach an
agreement, or agree not to reach an | 2:32:22 | 2:32:28 | |
agreement. Just changing that
timescale doesn't allow you to reach | 2:32:28 | 2:32:31 | |
an agreement. They have the time to
do it. And that is the whole point | 2:32:31 | 2:32:35 | |
about compression, to get an
agreement, that is why the date is | 2:32:35 | 2:32:38 | |
in Article 50. Last point. I thought
my amendment was merely implementing | 2:32:38 | 2:32:48 | |
the section 50 which we all voted
for to tell our constituents, apart | 2:32:48 | 2:32:55 | |
from one who voted against, voted
against? Oh, voted against! | 2:32:55 | 2:33:04 | |
Triggering Article 50? Very, very
good. Apart from two or three... 60! | 2:33:04 | 2:33:13 | |
Any more on four? Five, six, seven,
eight? I thought it was so | 2:33:13 | 2:33:25 | |
uncontentious, what I was saying, I
thought this would have been five | 2:33:25 | 2:33:27 | |
minutes. I apologise to the House
for the time that I have taken. All | 2:33:27 | 2:33:33 | |
this new clause does is to put on
the statute book the actual timing | 2:33:33 | 2:33:41 | |
of section 50 that we voted for in
overwhelming numbers almost a year | 2:33:41 | 2:33:50 | |
ago, and I move the clause in my
name, and in those names that still | 2:33:50 | 2:33:53 | |
remain on the order paper. State of
exit from the European Union. The | 2:33:53 | 2:34:02 | |
question is that new clause 49 B
read a second time. Just before I | 2:34:02 | 2:34:08 | |
bring in the Minister, just allow
the House to know that the Minister | 2:34:08 | 2:34:11 | |
isn't feeling well today, and
therefore just for clarification, | 2:34:11 | 2:34:16 | |
another Minister will be coming in
later, so I now bring Minister Steve | 2:34:16 | 2:34:23 | |
Baker. I am extremely grateful for
that, and I hope my voice makes it | 2:34:23 | 2:34:27 | |
through these remarks. I rise to
move that clause one stand part of | 2:34:27 | 2:34:32 | |
the Bill, and also to move
Government Amendments 381, 382 and | 2:34:32 | 2:34:39 | |
383, and it may help the House and
members of the public what I say | 2:34:39 | 2:34:43 | |
that these are for decision on days
seven and eight. Clause one reads: | 2:34:43 | 2:34:49 | |
The European Communities Act 1972 is
repealed on exit day. It is a simple | 2:34:49 | 2:34:54 | |
clause, but it could scarcely be
more significant. In repealing the | 2:34:54 | 2:35:00 | |
European Communities Act 1972, this
clause is a historic step in | 2:35:00 | 2:35:05 | |
delivering our exit from the
European Union in accordance with | 2:35:05 | 2:35:08 | |
last year's referendum. I hope that
all people on all sides of this | 2:35:08 | 2:35:13 | |
issue can agree that the repeal of
the ECA is a necessary step as we | 2:35:13 | 2:35:17 | |
leave the European Union. I will.
Would my right honourable friend | 2:35:17 | 2:35:24 | |
recollect that the official
opposition voted against the second | 2:35:24 | 2:35:28 | |
reading of this bill, and therefore
also voted against the repeal of the | 2:35:28 | 2:35:34 | |
1972 act. And yet they are still
claiming that this bill is not fit | 2:35:34 | 2:35:40 | |
for purpose, and that it usurps
Parliamentary sovereignty, when in | 2:35:40 | 2:35:43 | |
fact it is exactly the opposite? I
am very grateful to my round rubble | 2:35:43 | 2:35:49 | |
friend, and I look forward to
whether members opposite support the | 2:35:49 | 2:35:53 | |
clause. If we were not to repeal the
European Communities Act, we would | 2:35:53 | 2:36:01 | |
still exit the European Union from
the perspective of EU law, and there | 2:36:01 | 2:36:04 | |
would be confusion, but there would
be confusion and uncertainty about | 2:36:04 | 2:36:09 | |
the law on our own statute book. For
example, it would be an clear | 2:36:09 | 2:36:13 | |
whether UK or EU Law took
precedence, and if there was a | 2:36:13 | 2:36:16 | |
conflict between that. The status of
new EU law would also be unclear | 2:36:16 | 2:36:21 | |
once the UK has left the EU. I
intend to first set out briefly for | 2:36:21 | 2:36:26 | |
the House the effect of the act on
our legal system. The UK is a | 2:36:26 | 2:36:33 | |
dualist state, meaning that a treaty
even when ratified does not alter | 2:36:33 | 2:36:37 | |
our laws unless it is incorporated
into domestic law by legislation. | 2:36:37 | 2:36:42 | |
This means Parliaments must pass
legislation before the rights and | 2:36:42 | 2:36:46 | |
obligations in a treaty have
affected our law. The European | 2:36:46 | 2:36:51 | |
Communities Act gave EU law
supremacy over UK law. Without it, | 2:36:51 | 2:36:55 | |
EU law would not apply in the UK.
The 1972 act has two main | 2:36:55 | 2:37:02 | |
provisions. Section 2.1 ensures
rights and obligations in the EU | 2:37:02 | 2:37:07 | |
treaties are directly applicable in
the UK legal system. They apply | 2:37:07 | 2:37:11 | |
directly without the need for
Parliament to pass specific domestic | 2:37:11 | 2:37:15 | |
implement in legislation, and this
bears repeating in the context of | 2:37:15 | 2:37:19 | |
the clause is to follow. The EU
regulations and certain EU treaty | 2:37:19 | 2:37:26 | |
provisions have effect in the UK
without further Parliamentary | 2:37:26 | 2:37:32 | |
intervention hangs to the European
Communities Act. Section 2.2 | 2:37:32 | 2:37:36 | |
provides a dedicated power for the
implementation of EU obligations | 2:37:36 | 2:37:39 | |
such as those in directives. Over
12,000 EU regulations flow into our | 2:37:39 | 2:37:45 | |
law through section 2.1 of the act,
none of which could be refused by | 2:37:45 | 2:37:49 | |
this House or the Other Place. These
range from clinical classification | 2:37:49 | 2:37:54 | |
rules to rules about passengers
travelling by C. I will give way. | 2:37:54 | 2:38:03 | |
Dusty minister agree that this
simple clause is the way in which | 2:38:03 | 2:38:07 | |
our democracy is completely restored
and that once it has gone through, | 2:38:07 | 2:38:10 | |
any matter that worries the British
people can probably be the subject | 2:38:10 | 2:38:14 | |
of Parliamentary debate and
decision, no laws and treaties with | 2:38:14 | 2:38:19 | |
standing -- does the minister. You
have probably anticipated my speech | 2:38:19 | 2:38:25 | |
by a few paragraphs. UK ministers
have made nearly 6000 domestic | 2:38:25 | 2:38:30 | |
regulations under section to two, --
22, and the House has of course not | 2:38:30 | 2:38:43 | |
remained supine and we have
benefited from the tireless work of | 2:38:43 | 2:38:46 | |
the European scrutiny committee,
chaired by my honourable friend, | 2:38:46 | 2:38:50 | |
which has criticised a vast number
of EU documents, holding ministers | 2:38:50 | 2:38:56 | |
to account when representing our
interests in the EU and its work has | 2:38:56 | 2:39:00 | |
been paramount importance in holding
ministers to account and maximising | 2:39:00 | 2:39:06 | |
the voice of the house on EU
matters. We have sometimes influence | 2:39:06 | 2:39:11 | |
the laws adopted by the EU but this
House was on every occasion obliged | 2:39:11 | 2:39:16 | |
to implement our EU obligations. We
could not refuse new EU law because | 2:39:16 | 2:39:23 | |
our obligations were to the EU. Most
of the legislation proposed by the | 2:39:23 | 2:39:32 | |
commission considered by the council
of ministers including a British | 2:39:32 | 2:39:35 | |
minister and approved by the
European Parliament before it | 2:39:35 | 2:39:39 | |
becomes law, can he name a
significant European law or | 2:39:39 | 2:39:45 | |
regulation which was opposed by the
British government at the time which | 2:39:45 | 2:39:49 | |
the government is now proposing to
repeal? Most Brexiteer 's can't | 2:39:49 | 2:39:54 | |
think of one. LAUGHTER
I think the question at stake is not | 2:39:54 | 2:40:03 | |
whether there are legitimate
processes in the EU, it is whether | 2:40:03 | 2:40:09 | |
we approval one, and the one I'm
glad to bring to attention is the | 2:40:09 | 2:40:12 | |
ports regulation which we have to
stick with all the while we are | 2:40:12 | 2:40:16 | |
within the EU but it is uniquely
opposed by the owner supports and | 2:40:16 | 2:40:20 | |
the trade unions. Dusty owners of
ports. -- the owners of ports. I | 2:40:20 | 2:40:29 | |
look forward to the day we can make
our own decisions about how our | 2:40:29 | 2:40:32 | |
flourishing private sector
infrastructure works. I will give | 2:40:32 | 2:40:36 | |
way. Would he also agree that those
who accuse the government of a power | 2:40:36 | 2:40:42 | |
grab would be very happy for
unelected EU officials to continue | 2:40:42 | 2:40:48 | |
to exercise these powers rather than
an acted government accountable to | 2:40:48 | 2:40:51 | |
the elected parliament? -- elected
government. Indeed, the scenery of | 2:40:51 | 2:40:58 | |
our Constitution, if it had remained
in place, but not in fact the | 2:40:58 | 2:41:03 | |
practical effect which expected it
to have -- the seniority. In | 2:41:03 | 2:41:13 | |
response to the member for Ross
Cliff, may I point out that in fact | 2:41:13 | 2:41:19 | |
most of the decisions that are taken
by the Council of ministers are | 2:41:19 | 2:41:23 | |
effectively made by consensus behind
closed doors with no record as to | 2:41:23 | 2:41:27 | |
who said what, how the decision was
arrived at and indeed on like this | 2:41:27 | 2:41:33 | |
as, director the proceedings either.
-- unlike this House, no record of | 2:41:33 | 2:41:40 | |
the proceedings either. I thank you
for that. What has been established | 2:41:40 | 2:41:47 | |
is that clause one of this bill
could scarcely be a greater | 2:41:47 | 2:41:50 | |
constitutional significance and it
repeal the 1972 act on exit date | 2:41:50 | 2:41:55 | |
removing the mechanism that allows
EU law to flow automatically into UK | 2:41:55 | 2:42:01 | |
law and removing one of the
wide-ranging powers ever placed on | 2:42:01 | 2:42:04 | |
the statute book of the UK. The
repeal makes it clear and unarguable | 2:42:04 | 2:42:09 | |
that sovereignty lies in this
Parliament. I will give way. I most | 2:42:09 | 2:42:18 | |
grateful for giving way. -- I'm for
the if the 1972 act is repealed | 2:42:18 | 2:42:25 | |
before the end of what ministers are
calling the implementation act which | 2:42:25 | 2:42:30 | |
I would like to call the transition
period, what will be the legal basis | 2:42:30 | 2:42:35 | |
for our relations with the EU and
for the free trade agreements we | 2:42:35 | 2:42:41 | |
have with the 50 seven thirds
countries question -- 57 third | 2:42:41 | 2:42:48 | |
countries? We will try to establish
that legal basis but the moment I | 2:42:48 | 2:42:53 | |
want to conclude this section and
move on to the amendments. Not just | 2:42:53 | 2:42:57 | |
now. How we exercise in future the
restored power... I have given way | 2:42:57 | 2:43:06 | |
quite a few times, I will make some
progress now I get onto the | 2:43:06 | 2:43:09 | |
amendments. How in future we
exercise the restored power is a | 2:43:09 | 2:43:13 | |
choice for this place, the
government is clear that we want a | 2:43:13 | 2:43:18 | |
smooth and orderly exit achieved
through continuity in the law at the | 2:43:18 | 2:43:22 | |
point of Axa, as we shall discuss
later -- point of exit. I hope all | 2:43:22 | 2:43:27 | |
members can agree it is essential
that this clause is part of the | 2:43:27 | 2:43:31 | |
bill. I now turn to today's
amendments, it is very fitting that | 2:43:31 | 2:43:39 | |
the first Amendment to be debated in
this committee was from the | 2:43:39 | 2:43:42 | |
honourable gentleman for Birkenhead.
He has got to the heart of the | 2:43:42 | 2:43:46 | |
matter of when we leave the European
Union and I listened very carefully | 2:43:46 | 2:43:50 | |
to his speech. I have a great to
have sympathy for the Casey makes, | 2:43:50 | 2:43:57 | |
and I will pick up on a couple of
points. -- the case he makes. He has | 2:43:57 | 2:44:03 | |
not given a time of day in his
amendment, and one of the things I | 2:44:03 | 2:44:08 | |
learned is the ambiguity that arises
when you specify midnight which can | 2:44:08 | 2:44:16 | |
be the end or the start of a
particular day, and so I think that | 2:44:16 | 2:44:20 | |
is technically deficient and I hope
he will choose to not move the -- it | 2:44:20 | 2:44:28 | |
to a division. I would love the
government to move 23 hours, 59 | 2:44:28 | 2:44:40 | |
minutes, on the day that we should
actually leave, but it is on our | 2:44:40 | 2:44:44 | |
time, not on the time and on their
terms. Will the government move that | 2:44:44 | 2:44:50 | |
amendment? You have made your case
very well, but we are going to move | 2:44:50 | 2:44:57 | |
the amendment which we have tabled.
I will give way once more and then I | 2:44:57 | 2:45:03 | |
will make some progress. Will the
minister agree that this Eichmann is | 2:45:03 | 2:45:08 | |
creating division between us and our
European neighbours which will make | 2:45:08 | 2:45:11 | |
it very difficult to create a deep
and special partnership -- this | 2:45:11 | 2:45:14 | |
argument. I don't agree, no, because
when the prime and is the of the | 2:45:14 | 2:45:24 | |
European Council in March last year
she set in train the defined | 2:45:24 | 2:45:27 | |
two-year progress of Article 50 --
when the Prime Minister. It will | 2:45:27 | 2:45:34 | |
come to conclusion on the 29th of
March 2019 and that is why the Prime | 2:45:34 | 2:45:38 | |
Minister said the UK will cease to
be a member of the EU on that day, | 2:45:38 | 2:45:44 | |
that is the policy of the
government. I would like to make | 2:45:44 | 2:45:47 | |
some progress. The government has
listened to the debate around the | 2:45:47 | 2:45:53 | |
exit date for the statutory purposes
of the bill and there is uncertainty | 2:45:53 | 2:46:01 | |
as to whether this will correspond
to the day that the UK leaves the EU | 2:46:01 | 2:46:04 | |
at the end of the Article 50
process, and the government | 2:46:04 | 2:46:07 | |
sympathisers with this uncertainty.
This is also an issue on which the | 2:46:07 | 2:46:11 | |
Lords constitutional committee
complied, they said they are | 2:46:11 | 2:46:15 | |
concerned that the power to define
exit day, matter that is pivotal to | 2:46:15 | 2:46:18 | |
the operation of the bill, is unduly
broad in its scope and flexibility | 2:46:18 | 2:46:21 | |
and that it is not subject to any
Parliamentary scrutiny procedure. | 2:46:21 | 2:46:28 | |
Such concerns were for the voice by
the members for Cardiff South and | 2:46:28 | 2:46:34 | |
Wakefield and others, not least
regard the breadth of the powers to | 2:46:34 | 2:46:38 | |
set numerous exit dates, and in fact
there has been a notable disconnect | 2:46:38 | 2:46:45 | |
between the Labour front and back
benches on this issue, and a number | 2:46:45 | 2:46:47 | |
of their backbenchers have submitted
a members and raised concerns | 2:46:47 | 2:46:52 | |
regarding exit Decca but the front
bench has refused to establish | 2:46:52 | 2:46:57 | |
clarity -- exit day. We recognise
the importance of being crystal | 2:46:57 | 2:47:03 | |
clear on the setting of exit date
and the government is keen to | 2:47:03 | 2:47:06 | |
provide the certainty that the
member for Birkenhead and others are | 2:47:06 | 2:47:10 | |
seeking, and in light of this the
government has brought forward an | 2:47:10 | 2:47:16 | |
amendment and consequential
amendments which will set exit day | 2:47:16 | 2:47:21 | |
as 11pm on the 29th of March, 2019.
This is slightly different to the | 2:47:21 | 2:47:30 | |
amendment in that it sets a time as
well as the date for exit. I give | 2:47:30 | 2:47:33 | |
way. They do. I'm sorry the minister
is not feeling well -- thank you for | 2:47:33 | 2:47:42 | |
the does he understand how
impossible it is for me to explain | 2:47:42 | 2:47:45 | |
to my constituents that they can
have certainty about nothing about | 2:47:45 | 2:47:50 | |
Brexit as the government plans,
except according to him the date | 2:47:50 | 2:47:54 | |
when it will happen. I have to say,
I forget whether the lady voted to | 2:47:54 | 2:48:01 | |
trigger Article 50, but this House
did in the process is quite clear. | 2:48:01 | 2:48:09 | |
Two years later we leave the
European Union. I will give way. I'm | 2:48:09 | 2:48:18 | |
just wondering when the minister is
going to admit to this House that | 2:48:18 | 2:48:21 | |
setting a date for exit is political
windowdressing because if there's to | 2:48:21 | 2:48:26 | |
be a transitional deal, which the
Prime Minister says she wants, her | 2:48:26 | 2:48:31 | |
understanding is it will be under
Article 50 and that means we will | 2:48:31 | 2:48:34 | |
stay in the single market and the
customs union and subject to EU law | 2:48:34 | 2:48:39 | |
in the transition period, so this
exit day is a sop to the | 2:48:39 | 2:48:43 | |
backbenches, when you going to tell
the truth? I will come onto the | 2:48:43 | 2:48:49 | |
implementation period, but we need
to become a third country in order | 2:48:49 | 2:48:53 | |
to conclude our future relationship
agreement, and the Prime Minister | 2:48:53 | 2:48:56 | |
set out in her Florence speech the
outline of the implementation period | 2:48:56 | 2:48:59 | |
which would allow practical
continuity, and that would allow us | 2:48:59 | 2:49:05 | |
to be a third country, concluding
the future trade agreement. I will | 2:49:05 | 2:49:10 | |
give way just once more. And then I
will move forward. I am most | 2:49:10 | 2:49:21 | |
grateful. Does he recognise there
are two macro different issues | 2:49:21 | 2:49:31 | |
regarding exit day, there might be
multiple exit days, which is a | 2:49:31 | 2:49:39 | |
different thing from fixing a day,
and under Article 50 there is a | 2:49:39 | 2:49:44 | |
expiry date but Article 50 has in
itself provision in it for the | 2:49:44 | 2:49:47 | |
possible extension of the period, if
that is what is actually needed to | 2:49:47 | 2:49:52 | |
conclude the agreement, and that is
why I find this amendment by the | 2:49:52 | 2:49:57 | |
government so very strange. Because
it seems to me to fetter the | 2:49:57 | 2:50:03 | |
government to add nothing to the
strength of the government's | 2:50:03 | 2:50:07 | |
negotiating position and in fact
potentially to create a very great | 2:50:07 | 2:50:09 | |
problem that could be brought back
to be visited on us at a later | 2:50:09 | 2:50:14 | |
stage. I'm grateful and he makes his
point with considerable clarity. I | 2:50:14 | 2:50:23 | |
accept that the Article 50 process
has provisions, but what I would | 2:50:23 | 2:50:27 | |
say, a number of voices in private
have voiced the concern that there | 2:50:27 | 2:50:31 | |
was a degree of elasticities and
they were concerned for that reason | 2:50:31 | 2:50:37 | |
that we should fix the exit date,
and I would also say to him further, | 2:50:37 | 2:50:41 | |
immolation to this matter, while he
makes his point with his usual | 2:50:41 | 2:50:45 | |
clarity -- in relation. Other
members of this House have said we | 2:50:45 | 2:50:50 | |
should have a time and date when we
leave the European Union and that is | 2:50:50 | 2:50:54 | |
what the government has done with
this moment. I said I would only | 2:50:54 | 2:50:58 | |
give way once more, but I will give
way to my honourable friend and then | 2:50:58 | 2:51:03 | |
I will make more progress. The
minister is making a good speech, | 2:51:03 | 2:51:08 | |
but what is not clear, if the exit
date is confirmed as it is, will be | 2:51:08 | 2:51:22 | |
built allow that date to be changed
by regulation or not? -- will be | 2:51:22 | 2:51:27 | |
bill. The answer is no. This is in
relation to consequential 's and the | 2:51:27 | 2:51:36 | |
provisions of the bill coming into
force and I look forward to a full | 2:51:36 | 2:51:40 | |
debate on the powers of clause 17
when we reach this, but the short | 2:51:40 | 2:51:43 | |
answer to your question is no. I
will just get on. I did say that I | 2:51:43 | 2:51:50 | |
was going to get on with it, and I
will. I have got to make progress. | 2:51:50 | 2:52:05 | |
could you so we said at second
reading that we would listen to the | 2:52:05 | 2:52:09 | |
concerns of the House. | 2:52:09 | 2:52:11 | |
We are happy to consider amendments
which share this goal can't I hope | 2:52:16 | 2:52:20 | |
The right honourable member will be
willing to withdraw his new clause, | 2:52:20 | 2:52:25 | |
and that right honourable members
with related amendments will | 2:52:25 | 2:52:32 | |
withdraw those, too. I would like to
return to 386 and 387. We think that | 2:52:32 | 2:52:42 | |
these amendments are ill-conceived
and could result in chaos. Following | 2:52:42 | 2:52:47 | |
a majority vote in this House, the
Prime Minister wrote to the | 2:52:47 | 2:52:51 | |
president of the European Council to
trigger Article 50, and that set in | 2:52:51 | 2:52:58 | |
train the Article 50 process. The
article says the treaty shall cease | 2:52:58 | 2:53:01 | |
to apply to the state in question
unless the European Council in | 2:53:01 | 2:53:10 | |
agreement with the member state
concerned unanimously decides to | 2:53:10 | 2:53:13 | |
extend this period. That is why the
prime Ministers said in her speech | 2:53:13 | 2:53:18 | |
in Florence that the United Kingdom
will cease to be a member of the | 2:53:18 | 2:53:21 | |
European Union on the 29th of March
20 19. The Government has always | 2:53:21 | 2:53:25 | |
been clear that the purpose of the
EU withdrawal bill is to ensure that | 2:53:25 | 2:53:29 | |
the UK exits the EU with certainty
and control. This is an essential | 2:53:29 | 2:53:35 | |
bell in the national interest which
will ensure that whatever the | 2:53:35 | 2:53:39 | |
outcome of the negotiations, the
statute book can continue to | 2:53:39 | 2:53:42 | |
function. The right honourable
lady's amendments what have the | 2:53:42 | 2:53:46 | |
consequence of destroying this
bill's capacity to function in the | 2:53:46 | 2:53:50 | |
event that a withdrawal agreement
was not concluded. And as a | 2:53:50 | 2:53:54 | |
consequence of these amendments, the
Bill's crucial provisions could not | 2:53:54 | 2:53:59 | |
come into effect until a second act
was passed. The consequence would be | 2:53:59 | 2:54:03 | |
legal chaos in the event that the
second act was not passed before the | 2:54:03 | 2:54:08 | |
29th of March 2019. Furthermore, no
one should fall into the trap of | 2:54:08 | 2:54:14 | |
thinking that these amendments would
keep us in the European Union if no | 2:54:14 | 2:54:19 | |
conclusion were reached. The
treaties would no longer apply but | 2:54:19 | 2:54:22 | |
what would happen is that our
domestic law would be in an unfit | 2:54:22 | 2:54:26 | |
state, and we could have legal
chaos. As a responsible government, | 2:54:26 | 2:54:31 | |
we must be ready to exit without a
deal even though we expect to | 2:54:31 | 2:54:36 | |
conclude a deeper special
partnership, and I give way to the | 2:54:36 | 2:54:39 | |
honourable gentleman. I am grateful
to the Minister for giving way and | 2:54:39 | 2:54:44 | |
being pretty frank with the House
now, because if he is right in what | 2:54:44 | 2:54:49 | |
he has said, what his Government's
set of amendments does is pave the | 2:54:49 | 2:54:53 | |
way for no deal. If I am wrong about
that, why did his predecessor, Lord | 2:54:53 | 2:54:59 | |
Bridges of Headley, say that he
didn't believe it would be possible | 2:54:59 | 2:55:03 | |
to sort out the divorce Bill, sort
out the implementation period and | 2:55:03 | 2:55:08 | |
the final deal on our withdrawal
within the time frame envisaged? | 2:55:08 | 2:55:14 | |
What he is planning for, and he
should be absolutely frank with the | 2:55:14 | 2:55:18 | |
British people, is no deal, and he
has no mandate from the British | 2:55:18 | 2:55:21 | |
people to do that. This is a subject
on which I responded to a debate | 2:55:21 | 2:55:27 | |
only recently, and I would prefer
the honourable gentleman to a | 2:55:27 | 2:55:30 | |
running I said on that occasion, but
he is wrong. We're planning to | 2:55:30 | 2:55:35 | |
security bit special partnership
with the European Union, and we | 2:55:35 | 2:55:38 | |
intend to do that within the
limitation period which the Prime | 2:55:38 | 2:55:42 | |
Minister set out in the Florence
speech, and we very much look | 2:55:42 | 2:55:44 | |
forward to carrying through the
necessary legislation to do it. I | 2:55:44 | 2:55:50 | |
will give way twice more, and then I
thank in forgiving way. Is he aware | 2:55:50 | 2:55:57 | |
that the chief financial officer of
Aston Martin has said it would be a | 2:55:57 | 2:56:02 | |
semi-catastrophe if the UK went for
no deal? And could I ask him why he | 2:56:02 | 2:56:06 | |
will not allow the option of article
52 BX tended to ensure that there | 2:56:06 | 2:56:11 | |
was a deal if we were very close to
reaching one at the date that he has | 2:56:11 | 2:56:17 | |
said? I am very grateful to him for
that intervention. What I would say | 2:56:17 | 2:56:22 | |
to him is we are going to go through
the process of making sure as a | 2:56:22 | 2:56:26 | |
responsible Government that our
country is ready to leave the | 2:56:26 | 2:56:29 | |
European Union without a deal if
that proves necessary. We will take | 2:56:29 | 2:56:33 | |
the steps to be prepared as a
responsible government should. But | 2:56:33 | 2:56:38 | |
what this bill cannot do is pre-empt
the negotiations by putting things | 2:56:38 | 2:56:42 | |
into statute before they have been
agreed. The Government intends the | 2:56:42 | 2:56:46 | |
United Kingdom to leave the euro --
EU on that date, but we will bring | 2:56:46 | 2:56:58 | |
forward whatever legislation is
necessary to implement the agreement | 2:56:58 | 2:57:01 | |
we strike with the EU, and that is
why yesterday my right honourable | 2:57:01 | 2:57:05 | |
friend the Secretary of State
announced the withdrawal agreement | 2:57:05 | 2:57:07 | |
and in fermentation bill which we
will introduce once Parliament has | 2:57:07 | 2:57:11 | |
had a chance to vote on the final
deal. This Government takes its | 2:57:11 | 2:57:17 | |
responsibilities seriously, and is
committed to ensuring that the UK | 2:57:17 | 2:57:21 | |
exits the EU with certainty,
continuity and control. It makes no | 2:57:21 | 2:57:25 | |
sense to legislate for one piece of
legislation on the face of the other | 2:57:25 | 2:57:28 | |
piece, and I therefore ask the right
honourable lady to withdraw her | 2:57:28 | 2:57:33 | |
amendments, and with that, I commend
that clause one stand part of the | 2:57:33 | 2:57:36 | |
Bill. Thank you, Madam Deputy
Speaker. I am pleased to move | 2:57:36 | 2:57:48 | |
amendments 43, 44 and 45 which give
Parliament the control over the | 2:57:48 | 2:57:52 | |
length in basic terms of
transitional arrangements and allows | 2:57:52 | 2:57:55 | |
Parliament to set the clock on
sunset clauses. These are the first | 2:57:55 | 2:57:59 | |
of many amendments tabled by the
opposition that we will be | 2:57:59 | 2:58:02 | |
considering over the next few weeks,
all of which have one purpose, which | 2:58:02 | 2:58:08 | |
is to improve this bill, and it is
frankly not helpful when Ministers | 2:58:08 | 2:58:15 | |
and indeed the Prime Minister over
the weekend sought to characterise | 2:58:15 | 2:58:19 | |
scrutiny and accountability by this
House as an attempt to thwart | 2:58:19 | 2:58:24 | |
Brexit. It is not. We accept the
British people voted to leave the | 2:58:24 | 2:58:32 | |
European Union. It may have been a
close vote, but it was a clear vote, | 2:58:32 | 2:58:37 | |
and that is why we voted to trigger
Article 50. Whether we leave the | 2:58:37 | 2:58:43 | |
European Union is not a matter for
debate. But how we do so is crucial | 2:58:43 | 2:58:49 | |
for the future of our country. The
British people voted to pull out. | 2:58:49 | 2:58:56 | |
They did not vote to lose out. And
they look to this Parliament to | 2:58:56 | 2:59:05 | |
secure the best deal, and that
includes not stumbling over a cliff | 2:59:05 | 2:59:10 | |
edge in March 2019. Could he define
the Labour Party's idea of leaving | 2:59:10 | 2:59:24 | |
the European Union? I'm surprised as
such an ardent Brexiteer The right | 2:59:24 | 2:59:28 | |
honourable member doesn't understand
what leaving the European Union | 2:59:28 | 2:59:31 | |
involves. We do. Until last
Thursday, the debate on clause one | 2:59:31 | 2:59:43 | |
looked fairly straightforward. The
Article 50 notification made our | 2:59:43 | 2:59:51 | |
exit in March 2019 legal certainty,
I will in a moment, but not now. And | 2:59:51 | 2:59:58 | |
so exit day for the purposes of the
Bill could be left in the hands of | 2:59:58 | 3:00:03 | |
Parliament. But then the Government
did something needless. They tabled | 3:00:03 | 3:00:10 | |
amendments 381 and 382, putting a
specified exit date and time of 11pm | 3:00:10 | 3:00:18 | |
or midnight brussels time on the
face of the Bill. Their | 3:00:18 | 3:00:23 | |
consequential amendment, 383, seems
to contradict their other amendments | 3:00:23 | 3:00:28 | |
in some regard, and that I think
underlines the chaos and the chaotic | 3:00:28 | 3:00:32 | |
way with which they have approached
this bill. But taken together, the | 3:00:32 | 3:00:39 | |
intention of the three amendments is
clear. The rather mysterious | 3:00:39 | 3:00:47 | |
explanation that the honourable
gentleman gave to my right | 3:00:47 | 3:00:49 | |
honourable friend here needs some
elucidation. Would he be good enough | 3:00:49 | 3:00:54 | |
to explain whether leaving the
European Union does mean also | 3:00:54 | 3:00:57 | |
repealing the European Communities
Act 1972, and then explain why they | 3:00:57 | 3:01:02 | |
voted against it on second reading?
I would have thought that it would | 3:01:02 | 3:01:08 | |
have been as clear to him as it is
to me, that leaving the European | 3:01:08 | 3:01:11 | |
Union does involve revoking the
European Communities Act, and I will | 3:01:11 | 3:01:20 | |
go on to explain why we have
concerns over the Government's | 3:01:20 | 3:01:24 | |
amendments on the different
decisions involved within them. I am | 3:01:24 | 3:01:29 | |
grateful for the honourable member
giving way. Did the honourable | 3:01:29 | 3:01:34 | |
member understand as idea to win the
vote for Article 50 Took Place that | 3:01:34 | 3:01:42 | |
the provisions outlined in Article
50 would apply, including the | 3:01:42 | 3:01:47 | |
ability of 28 nations to agree to
extend the negotiating process? I | 3:01:47 | 3:01:57 | |
did indeed, and I will come to that
point later in my remarks. I have | 3:01:57 | 3:02:02 | |
said that the intention of the three
amendments despite the confusion | 3:02:02 | 3:02:05 | |
caused by 383 is clear. It's clear,
but it is needless, because Article | 3:02:05 | 3:02:13 | |
50, triggered on the 29th of March
2017, provides for a two-year exit | 3:02:13 | 3:02:19 | |
timetable. There is therefore no
question over whether... Not at this | 3:02:19 | 3:02:25 | |
moment, I will make progress. There
is therefore no question over | 3:02:25 | 3:02:31 | |
whether the UK will leave the EU
over the course of that question. So | 3:02:31 | 3:02:35 | |
what is the purpose of the
Government's three amendments? Is it | 3:02:35 | 3:02:41 | |
simply to appease extreme elements
within their party, not thinking of | 3:02:41 | 3:02:45 | |
the consequences for the country? Or
is it a deliberate decision to on | 3:02:45 | 3:02:51 | |
pick the Florence speech,
demonstrating that the freelancers | 3:02:51 | 3:02:55 | |
within the Prime Minister's Cabinet
are actually in charge of policy? I | 3:02:55 | 3:03:04 | |
suspect it may be the latter, and
given that the public will be | 3:03:04 | 3:03:08 | |
looking at this, and wondering when
they see this chaos that the | 3:03:08 | 3:03:11 | |
negotiations are, the lack of
progress that has been made, and | 3:03:11 | 3:03:15 | |
suddenly the Government is wanting
to bring down the guillotine rather | 3:03:15 | 3:03:17 | |
than using the existing Article 50
process, they might have good reason | 3:03:17 | 3:03:21 | |
to be very suspicious. I thank my
honourable friend for his | 3:03:21 | 3:03:28 | |
intervention, they have reason to be
suspicious and concerned. I will | 3:03:28 | 3:03:32 | |
make some progress, but I will give
the honourable member the | 3:03:32 | 3:03:35 | |
opportunity to intervene later.
Whatever the reason for the | 3:03:35 | 3:03:42 | |
Government's decision, it is
reckless and it is an extraordinary | 3:03:42 | 3:03:47 | |
U-turn. Quite extraordinary. The
Minister said a few moments ago that | 3:03:47 | 3:03:52 | |
he felt it was important to give
clarity on the issue of the | 3:03:52 | 3:03:57 | |
departure date, and this was the
Government's fixed view. But it | 3:03:57 | 3:04:01 | |
wasn't the one they held before last
Thursday. In fact, for the last four | 3:04:01 | 3:04:06 | |
months, their position was
represented by clause 14, page ten, | 3:04:06 | 3:04:12 | |
line 25, which says exit date means
such day as a Minister of the Crown | 3:04:12 | 3:04:20 | |
may appoint, and page 14, different
days may be appointed for different | 3:04:20 | 3:04:24 | |
purposes. Now, we thought on this
side of the House that that was a | 3:04:24 | 3:04:29 | |
sensible principle. We wanted
Parliament, not Ministers, to agree | 3:04:29 | 3:04:32 | |
the dates, and that is why we have
tabled amendments 43, 44 and 45, but | 3:04:32 | 3:04:40 | |
the principle makes sense, and let
me outlined why. As I said, our | 3:04:40 | 3:04:44 | |
departure from the European Union is
a settled matter. However, this bill | 3:04:44 | 3:04:49 | |
deals with three different issues.
The date that the European | 3:04:49 | 3:04:54 | |
Communities Act will cease to have
effect. The cut-off point for the | 3:04:54 | 3:04:57 | |
use of delegated powers. And the
ending of the jurisdiction of the | 3:04:57 | 3:05:03 | |
court of justice of the European
Union. And on that last point, the | 3:05:03 | 3:05:08 | |
jurisdiction of the court, there is
a fundamental impact on the issue of | 3:05:08 | 3:05:11 | |
transitional arrangements. Now,
Labour has been clear about the need | 3:05:11 | 3:05:17 | |
for a transitional period. In order
to prevent a cliff edge and to | 3:05:17 | 3:05:23 | |
ensure that businesses don't have to
adapt to two new custom and | 3:05:23 | 3:05:28 | |
regulatory arrangement in quick
succession, we need a transitional | 3:05:28 | 3:05:31 | |
period on the same basic terms that
we currently have. In the single | 3:05:31 | 3:05:36 | |
market and in the customs union.
Businesses and trade unions support | 3:05:36 | 3:05:41 | |
that transitional period, and we
were pleased when the Government | 3:05:41 | 3:05:45 | |
caught up with us on this in
September, and in her Florence | 3:05:45 | 3:05:51 | |
speech, the Prime Minister finally
recognised its importance, and I | 3:05:51 | 3:05:55 | |
quote, she said. People and
businesses both in the UK and the EU | 3:05:55 | 3:05:59 | |
would benefit from a period to
adjust to the new arrangements in a | 3:05:59 | 3:06:03 | |
smooth and orderly way, and she went
on, clearly, people, businesses and | 3:06:03 | 3:06:08 | |
public services should only have to
plan for one set of changes in the | 3:06:08 | 3:06:12 | |
relationship between the UK and the
EU. So, during the limitation | 3:06:12 | 3:06:17 | |
period, access to one another's
markets should continue on current | 3:06:17 | 3:06:22 | |
terms. And Britain should also
continue to take part in its | 3:06:22 | 3:06:26 | |
existing security measures, and I
know that businesses in particular | 3:06:26 | 3:06:28 | |
would welcome the certainty this
would provide. Her spokesperson | 3:06:28 | 3:06:32 | |
reiterated just yesterday that she
gave businesses reassurance on | 3:06:32 | 3:06:39 | |
agreeing a time-limited transitional
period, or as she prefers to call | 3:06:39 | 3:06:44 | |
it, implementation period, as soon
as possible. But the Government's | 3:06:44 | 3:06:49 | |
amendment blows the prospect of a
transitional deal on current terms | 3:06:49 | 3:06:53 | |
out of the water. Put simply, if
there is no role for the court of | 3:06:53 | 3:07:00 | |
justice of the European Union, we
are not operating on current terms, | 3:07:00 | 3:07:03 | |
and the Prime Minister will not be
able to secure agreement with the EU | 3:07:03 | 3:07:08 | |
27 for the transitional arrangements
that she set out in her Florence | 3:07:08 | 3:07:11 | |
speech. I am grateful to the
honourable gentleman forgiving way. | 3:07:11 | 3:07:16 | |
Isn't that the whole point of the
difference between an intimidation | 3:07:16 | 3:07:21 | |
and transition. If it is a
transition, we're transitioning from | 3:07:21 | 3:07:25 | |
being inside the European Union to
being at the end of the process | 3:07:25 | 3:07:29 | |
outside, and therefore in the
transition would be de facto members | 3:07:29 | 3:07:32 | |
of the European Union on their bases
here setting out, defeating the | 3:07:32 | 3:07:35 | |
whole purpose of this bill? | 3:07:35 | 3:07:40 | |
Clearly the transitional period is a
bridge between where we are now and | 3:07:40 | 3:07:43 | |
where we will be once we have left
the European Union but the point | 3:07:43 | 3:07:48 | |
that the member makes is not
relevant to the point that I'm | 3:07:48 | 3:07:51 | |
seeking to make. I will give way.
This is an intervention I wanted to | 3:07:51 | 3:08:01 | |
make earlier but he wouldn't take
it. I commend the amendments my | 3:08:01 | 3:08:08 | |
honourable friend is moving but I
would like to seek his opinion on | 3:08:08 | 3:08:11 | |
you clause 49. This clause is linked
with others, but is there not a | 3:08:11 | 3:08:19 | |
danger that if this clause 49
passes, there no guarantee the other | 3:08:19 | 3:08:24 | |
clauses may pass and therefore
passing clause 49 would do a grave | 3:08:24 | 3:08:29 | |
disservice to this country? With my
friend also make the position clear | 3:08:29 | 3:08:34 | |
of the front benches on where it
stands on this clause 49? I'm happy | 3:08:34 | 3:08:42 | |
to clarify that we are opposed to
new clause 49. Whether it is in | 3:08:42 | 3:08:49 | |
relation to that clause or the
government's Mance, closing down the | 3:08:49 | 3:08:56 | |
opportunity for effective
transitional arrangements is deeply | 3:08:56 | 3:08:58 | |
self harming -- the government's
stance. I believe the Labour Party | 3:08:58 | 3:09:08 | |
wants to have a good transition to a
future relationship, but I want to | 3:09:08 | 3:09:13 | |
draw attention to what the Prime
Minister said in the Florence | 3:09:13 | 3:09:19 | |
speech,... So the point I'm making,
we need to become a third country | 3:09:19 | 3:09:25 | |
before we can conclude the kind of
future relationship which I think he | 3:09:25 | 3:09:28 | |
would like us to have stopped. I
don't disagree, but that is | 3:09:28 | 3:09:35 | |
precisely our point, you can't in
that transitional period disabled | 3:09:35 | 3:09:40 | |
the role of the court of justice of
the European Union otherwise you | 3:09:40 | 3:09:43 | |
will not achieve that arrangement
that we are both seeking. I will | 3:09:43 | 3:09:49 | |
give way. I'm very grateful. He is
making a very powerful point, and I | 3:09:49 | 3:09:57 | |
wonder if I'm at hell, I asked the
Prime Minister what she thought the | 3:09:57 | 3:10:00 | |
legal basis of any transitional deal
would be and she referred to the | 3:10:00 | 3:10:08 | |
fact, and I raised this issue and
was told that it is envisaged that | 3:10:08 | 3:10:13 | |
in the transitional deal written
will stay in the singer market, the | 3:10:13 | 3:10:17 | |
customs union, within the EU law --
single market. | 3:10:17 | 3:10:28 | |
The Brexit secretary yesterday
talked about the court in those | 3:10:30 | 3:10:35 | |
terms. I will give way. I'm
grateful. I'm listening carefully to | 3:10:35 | 3:10:40 | |
your remarks. Is it not the case
that part of the difficulty is that | 3:10:40 | 3:10:45 | |
there is a sense of people being
disingenuous about the reality of | 3:10:45 | 3:10:48 | |
the process of Brexit. Of course it
is possible that at the end of this, | 3:10:48 | 3:10:53 | |
despite the way we pass this
legislation, the government can come | 3:10:53 | 3:10:58 | |
back with a withdrawal bill, is
statute they promised us which does | 3:10:58 | 3:11:03 | |
the very thing they won't admit at
the moment which is keep Rouble | 3:11:03 | 3:11:05 | |
within the jurisdiction of the
European Court of Justice within a | 3:11:05 | 3:11:10 | |
transitional period -- which is to
keep us. Would it not be better if | 3:11:10 | 3:11:17 | |
we could have a bit of honesty and
clarity from both sides about what | 3:11:17 | 3:11:23 | |
the implications are of withdrawal
and how we have to go about it and | 3:11:23 | 3:11:27 | |
the options and lack of options
sometimes that may be open. Is he | 3:11:27 | 3:11:38 | |
intervening on his colleague? I
would like to respond to the | 3:11:38 | 3:11:44 | |
intervention by saying I very much
agree with that point, because | 3:11:44 | 3:11:46 | |
otherwise we will face the nonsense
of the government bringing forward | 3:11:46 | 3:11:49 | |
new legislation effectively
repealing the repeal Bill. I really | 3:11:49 | 3:11:56 | |
feel I ought to make progress. Oh go
on then. Further to my friend's boy, | 3:11:56 | 3:12:04 | |
the difference between a transition
and an implementation, we know it | 3:12:04 | 3:12:09 | |
will be the implementation period
because we will have to implement | 3:12:09 | 3:12:12 | |
the Widdall agreement but we don't
know whether this will be a | 3:12:12 | 3:12:15 | |
transitional agreement because we
don't know until the point of Brexit | 3:12:15 | 3:12:18 | |
as to whether we will have any final
deal to implement. That is a very | 3:12:18 | 3:12:30 | |
fair point. I will now make some
progress. I was at the point of | 3:12:30 | 3:12:35 | |
talking about why closing down the
opportunity for effective | 3:12:35 | 3:12:39 | |
transitional arrangements would be
deeply self harming, as the director | 3:12:39 | 3:12:47 | |
of the CBI said last week, the
message from business is more | 3:12:47 | 3:12:50 | |
uncertainty quickly, especially
around transition and especially in | 3:12:50 | 3:12:53 | |
the next four weeks. The government
amendments undermine the prospect of | 3:12:53 | 3:13:00 | |
a transitional deal and create more
uncertainty. The CBI and the British | 3:13:00 | 3:13:06 | |
Chambers of commerce and the
engineering employers Federation and | 3:13:06 | 3:13:09 | |
the Federation of Small Businesses
came together to call for a | 3:13:09 | 3:13:13 | |
transitional deal, saying we need
agreement of transitional | 3:13:13 | 3:13:16 | |
arrangements as soon as possible,
because without urgent agreement | 3:13:16 | 3:13:21 | |
many companies have decisions about
investment and contingency plans. | 3:13:21 | 3:13:26 | |
Failure to agree a transition period
of at least two years could have | 3:13:26 | 3:13:29 | |
wide reaching and damaging
consequences for investment and | 3:13:29 | 3:13:31 | |
trade. It will also mean lorries
backing up at Dover because the | 3:13:31 | 3:13:37 | |
adjustments necessary and I'm sure
everyone would agree, the | 3:13:37 | 3:13:41 | |
adjustments necessary to avoid that
cannot be physically put in place | 3:13:41 | 3:13:44 | |
within 15 months and for the same
reason it will mean a hardboard in | 3:13:44 | 3:13:50 | |
Northern Ireland with all the
problems that would create. -- hard | 3:13:50 | 3:13:53 | |
border. It is not in the national
interest and it closes down the | 3:13:53 | 3:13:58 | |
flexibility that we might need if
negotiations go to the wire, both we | 3:13:58 | 3:14:05 | |
and the EU 27 might recognise the
need for next week, next day, extra | 3:14:05 | 3:14:13 | |
hour, even an extra minute. Or
second. In order to secure a final | 3:14:13 | 3:14:20 | |
deal. But that agreement would be
thwarted by the government having | 3:14:20 | 3:14:27 | |
made it unlawful for themselves to
do what they would want to do at | 3:14:27 | 3:14:29 | |
that point. The Prime Minister has
consistently talked about parties | 3:14:29 | 3:14:35 | |
working together in the national
interest and we are up for that, we | 3:14:35 | 3:14:38 | |
have tried to be constructive and we
have scrutinised and identify gaps | 3:14:38 | 3:14:43 | |
and we have offered solutions and on
this critical issue we seem to be in | 3:14:43 | 3:14:49 | |
the same place with some members of
the government on the need for | 3:14:49 | 3:14:52 | |
effective transitional period, so
let me make an offer to the | 3:14:52 | 3:14:58 | |
government, if they withdrawal
members 381, 382 and 383 and work on | 3:14:58 | 3:15:04 | |
an alternative which is in line with
the Article 50 process but without | 3:15:04 | 3:15:11 | |
destroying the possibility of
transitional arrangements, we are | 3:15:11 | 3:15:13 | |
happy to work with them on it, but
if they don't... I will give way. | 3:15:13 | 3:15:18 | |
I'm very grateful. Does he agree
with me that the real way that the | 3:15:18 | 3:15:24 | |
Prime Minister could reach out would
be to make clear that she accepts | 3:15:24 | 3:15:29 | |
the jurisdiction of the European
Court of Justice for the plantation | 3:15:29 | 3:15:34 | |
period and that would resolve many
of her problems -- implementation. | 3:15:34 | 3:15:38 | |
The honourable member is right. The
reckless ideological red line on the | 3:15:38 | 3:15:44 | |
court of justice of the European
Union has got us into many problems, | 3:15:44 | 3:15:50 | |
on this and other issues. Let me
say, if the government can't | 3:15:50 | 3:15:56 | |
withdraw their amendments, and
engage in that process with us, we | 3:15:56 | 3:16:03 | |
cannot support them, because of the
impact on the economy, jobs and | 3:16:03 | 3:16:07 | |
livelihoods as we would plunge over
the cliff edge. I should also say, | 3:16:07 | 3:16:11 | |
we can't support a member 79 and we
believe the bill should operate on | 3:16:11 | 3:16:16 | |
the assumption of devolution, and
the member for Darlington will set | 3:16:16 | 3:16:24 | |
out the alternative in coming days.
The government has had months to | 3:16:24 | 3:16:28 | |
repair this deeply flawed bill and
they could have come forward with | 3:16:28 | 3:16:32 | |
amendments on workers' rights and
environmental protection and the | 3:16:32 | 3:16:34 | |
Charter of fundamental rights and
limiting the scope of delegated | 3:16:34 | 3:16:38 | |
powers, but instead they have chosen
to come to this House with a gimmick | 3:16:38 | 3:16:43 | |
on the departure date. A gimmick
which is about the Prime Minister | 3:16:43 | 3:16:49 | |
negotiating with her own party
rather than trying to get a Brexit | 3:16:49 | 3:16:53 | |
deal that prioritises jobs and the
economy and the livelihoods of our | 3:16:53 | 3:16:57 | |
people. The government's Mance are a
product of the divisions at the | 3:16:57 | 3:17:02 | |
heart of this government on their
approach to Brexit -- government's | 3:17:02 | 3:17:06 | |
demands for the chaos that is
setting the economy. A Prime | 3:17:06 | 3:17:10 | |
Minister is so weak that she is
trying to tie her own hands behind | 3:17:10 | 3:17:16 | |
her back to appease the extremists
within her party. No, I won't. | 3:17:16 | 3:17:25 | |
Internal party management before the
national interest, this country | 3:17:25 | 3:17:30 | |
deserves better and we are offering
it. Ken Clarke. I abstained on the | 3:17:30 | 3:17:40 | |
second reading of this bill and I
voted against the timetable motion, | 3:17:40 | 3:17:46 | |
but I felt it was impossible to vote
against the second reading because a | 3:17:46 | 3:17:49 | |
bill of this kind, technical bill,
certainly is required when we leave | 3:17:49 | 3:17:55 | |
the European Union to avoid the
legal hiatus which will otherwise | 3:17:55 | 3:17:59 | |
occur and bring total uncertainty
about what the law in this country | 3:17:59 | 3:18:05 | |
actually is, and I abstained for
many reasons which will become | 3:18:05 | 3:18:14 | |
clear, and I found the bill goes far
beyond its original purpose and its | 3:18:14 | 3:18:20 | |
drafted in such a way that it tries
to deprive Parliament of proper vote | 3:18:20 | 3:18:26 | |
and say, if but I hope that will be
corrected and I hope the government | 3:18:26 | 3:18:34 | |
will listen to this debate and sees
what is required and what is not. | 3:18:34 | 3:18:37 | |
What I would like to touch on
briefly, two features of this | 3:18:37 | 3:18:44 | |
debate, the first is the repeal of
the European Community 's act, and | 3:18:44 | 3:18:48 | |
there are only two left in the House
of Commons who were here when the | 3:18:48 | 3:18:53 | |
European Community 's act was passed
and I'm glad to say we are quite | 3:18:53 | 3:18:58 | |
consistent, the member for balls
over myself continue to vote against | 3:18:58 | 3:19:01 | |
each other on all matters European
-- balls over. | 3:19:01 | 3:19:05 | |
I'm sure the whips can look forward
to the member supporting them on | 3:19:11 | 3:19:14 | |
most matters, where as I will be
voting against them, not sure that | 3:19:14 | 3:19:18 | |
will continue to be the place. But
the Europeans community act was | 3:19:18 | 3:19:24 | |
passed on a bipartisan basis which I
have negotiate when I was then a | 3:19:24 | 3:19:27 | |
young whip, that is Labour rebels
supporting the majority of the | 3:19:27 | 3:19:33 | |
Conservative Party to get us in.
Libby say, I don't give its has -- | 3:19:33 | 3:19:42 | |
let me say, I don't dig it has
turned out to be a harmful -- I | 3:19:42 | 3:19:47 | |
don't think it is turned out to be a
harmful bill at all, no one has | 3:19:47 | 3:19:50 | |
sought to repeal it. The idea which
is put forward that it has led to | 3:19:50 | 3:19:56 | |
faceless grey Eurocrats producing
vast quantities of awful legislation | 3:19:56 | 3:20:02 | |
and red tape is one of the biggest
myths of our time and I pay tribute | 3:20:02 | 3:20:07 | |
to Nigel Farage's campaigning
abilities, no doubt he's the most | 3:20:07 | 3:20:12 | |
successful politician of my
generation, he has persuaded a high | 3:20:12 | 3:20:17 | |
proportion of the population that
that is exactly how it runs. By all | 3:20:17 | 3:20:25 | |
looking forward to having a bent
bananas again. -- they are all. I | 3:20:25 | 3:20:31 | |
for an election once where several
my constituents were persuaded that | 3:20:31 | 3:20:41 | |
the Eurocrats were about to abolish
double-decker buses and it took some | 3:20:41 | 3:20:46 | |
time to overcome this rather
worrying belief. -- I fought an | 3:20:46 | 3:20:50 | |
election. I will give way. His stand
on this issue has been completely | 3:20:50 | 3:21:01 | |
consistent for decades, but can he
stand up before the House and | 3:21:01 | 3:21:06 | |
justify staying within the common
fisheries policy, on ecological, | 3:21:06 | 3:21:11 | |
environmental and economic or social
grounds? I look forward to seeing | 3:21:11 | 3:21:18 | |
what a British fisheries policy is
going to devise. The average | 3:21:18 | 3:21:24 | |
fisherman I meet, they seem to
believe that if we exclude foreign | 3:21:24 | 3:21:30 | |
ships from our waters we can give up
this scientific stuff about | 3:21:30 | 3:21:36 | |
conserving scallops and they will no
longer have any quotas, that is the | 3:21:36 | 3:21:39 | |
usual argument but to me. Most
British fish is sold in the EU, very | 3:21:39 | 3:21:45 | |
important market it is inconceivable
they could react to our firing their | 3:21:45 | 3:21:52 | |
ships that are not buying the fish.
-- drawing. -- throwing their ships | 3:21:52 | 3:22:02 | |
out by not buying the fish we sell.
I debated against my honourable | 3:22:02 | 3:22:10 | |
friend, he is very sensible
Brexiteer and we have more sane | 3:22:10 | 3:22:15 | |
debates in village or is and we ever
did in television and the radio in | 3:22:15 | 3:22:19 | |
the referendum campaign, but he
faced my question about what | 3:22:19 | 3:22:23 | |
regulation would he repeal that a
British government has opposed if we | 3:22:23 | 3:22:30 | |
left the EU and he came out with a
list of chemicals and pesticides | 3:22:30 | 3:22:35 | |
which he thought the farmers in his
constituency would look forward to | 3:22:35 | 3:22:40 | |
using again, and I think he was on
vulnerable ground. It is highly | 3:22:40 | 3:22:46 | |
unlikely that this House would
actually wish to repeal that | 3:22:46 | 3:22:50 | |
legislation and that is because the
British like high regulatory | 3:22:50 | 3:22:57 | |
standards on product quality, health
and safety. Consumer protection. The | 3:22:57 | 3:23:03 | |
environment. Animal welfare. British
governments during the highly | 3:23:03 | 3:23:11 | |
successful 45 years in which we have
been one of the leading influential | 3:23:11 | 3:23:15 | |
players in the European Union have
been the advocates of more | 3:23:15 | 3:23:22 | |
regulation and higher standards and
no British government actually has | 3:23:22 | 3:23:27 | |
ever taken up the cause of
deregulating in Europe. | 3:23:27 | 3:23:38 | |
Now the Barroso commission and the
wall is sensitive to public output | 3:23:38 | 3:23:44 | |
and was sensitive to the regulatory
commission and they gave it up. As | 3:23:44 | 3:23:47 | |
one of the commissioners explain to
me, they could not have any European | 3:23:47 | 3:23:53 | |
governments, including the British
garment, come forward with any | 3:23:53 | 3:23:57 | |
deregulatory proposals. The vice
president who is a very keen | 3:23:57 | 3:24:05 | |
deregulatory, he was extremely
anxious to get proposals. We tried | 3:24:05 | 3:24:10 | |
to get some deregulatory proposals
when they were growing coalition. No | 3:24:10 | 3:24:16 | |
Government department could produce
any. That particular department are | 3:24:16 | 3:24:22 | |
anxious to repeal. The joy and that
some people feel over the repeal of | 3:24:22 | 3:24:28 | |
the European community act is, in my
opinion... Splendidly disembodied. | 3:24:28 | 3:24:35 | |
If anybody in my house knows each of
the 1600 regulations in meticulous | 3:24:35 | 3:24:41 | |
detail... Indeed. I also know and I
just would like to challenge my | 3:24:41 | 3:24:48 | |
honourable friend, the member for
Rushcliffe, on his assertion which | 3:24:48 | 3:24:54 | |
seems to suggest that he thinks that
the manner in which the Council of | 3:24:54 | 3:24:59 | |
ministers has been operating has
been adequately democratic and | 3:24:59 | 3:25:03 | |
transparent. Could he please explain
to ours from his only the rains, | 3:25:03 | 3:25:07 | |
which is expensive, how it does
work? And would he like, in doing | 3:25:07 | 3:25:11 | |
so, denied the fact it is done by
closed doors for the most part and | 3:25:11 | 3:25:18 | |
that it is done by consensus so no
one knows how and when? Under the | 3:25:18 | 3:25:22 | |
major Government, we introduced a
process where council meetings would | 3:25:22 | 3:25:28 | |
be held in public to add to these
assertions because it is | 3:25:28 | 3:25:31 | |
legislative. Council ministers do
all public sessions and the decision | 3:25:31 | 3:25:37 | |
was made to reach these in public. I
suppose it goes on and I've lost | 3:25:37 | 3:25:41 | |
touch. It doesn't amount to very
much what I can reassure my | 3:25:41 | 3:25:44 | |
honourable friend map the truth...
Let me explain my answer. We try to | 3:25:44 | 3:25:50 | |
tackle this criticism. What happened
was that age of the 28 ministers | 3:25:50 | 3:25:55 | |
gave a little speeches -- each of
the 28 ministers. For national | 3:25:55 | 3:26:03 | |
newspapers. In negotiating and
discussion did not make much | 3:26:03 | 3:26:07 | |
practical progress. What happened
when you've got these public | 3:26:07 | 3:26:09 | |
sessions over if you read into
private sessions and try to | 3:26:09 | 3:26:15 | |
negotiate to reach an agreement. I
used to find the best business in | 3:26:15 | 3:26:20 | |
the European councils was usually
done over lunch... | 3:26:20 | 3:26:23 | |
LAUGHTER
I have attended more European | 3:26:23 | 3:26:28 | |
Council than most people have. The
lunches at the European councils | 3:26:28 | 3:26:34 | |
with... Tended to be well reasonable
understanding is well made. | 3:26:34 | 3:26:38 | |
Governments made it clear when they
opposed. What happened again after | 3:26:38 | 3:26:44 | |
councils were over, with everyone
gave a press conference. Slightly | 3:26:44 | 3:26:48 | |
distressing habit for some of the
ministers to give an account of what | 3:26:48 | 3:26:51 | |
they had been staying at the Council
to their assembled national press, | 3:26:51 | 3:26:56 | |
which didn't in my opinion is very
closely to what they had been saying | 3:26:56 | 3:27:01 | |
inside the council. I regret to say
some British ministers fell into | 3:27:01 | 3:27:04 | |
that trap. British ministers and
other nationalities had fiercely | 3:27:04 | 3:27:12 | |
advocated regulating inside the
council would hold a press | 3:27:12 | 3:27:18 | |
conference describing a valiant
efforts to block... Coming into | 3:27:18 | 3:27:24 | |
answer, confirming some of my
honourable friend's criticisms. The | 3:27:24 | 3:27:28 | |
fact is most British governments,
they made it clear what they | 3:27:28 | 3:27:32 | |
opposed, what they didn't, had to
come back here if they had a | 3:27:32 | 3:27:36 | |
regulation detriment in the past to
explain my head they had gone along | 3:27:36 | 3:27:41 | |
with it. That is enough on the
European Community act. Once, my | 3:27:41 | 3:27:49 | |
honourable friend. I'm grateful for
giving way. Would he agree that | 3:27:49 | 3:27:53 | |
notwithstanding the reality is that
we had this referendum and 52% voted | 3:27:53 | 3:27:59 | |
we are leaving, so it is now
absolutely imperative as much as | 3:27:59 | 3:28:02 | |
they can now they all come together,
we get this right and get the best | 3:28:02 | 3:28:08 | |
deal, the best legislation to
deliver that deal. Most importantly, | 3:28:08 | 3:28:11 | |
we return sovereignty to this
parliament and the parliament should | 3:28:11 | 3:28:15 | |
have its proper meaningful vote and
say, deal or no Deal. My honourable | 3:28:15 | 3:28:24 | |
friend brings me back to the core of
this debate and the important matter | 3:28:24 | 3:28:28 | |
which will be disastrous if we don't
get it right which is this question | 3:28:28 | 3:28:31 | |
of how precisely does this they'll
set up the timing of that departure | 3:28:31 | 3:28:37 | |
and how it will take place. I will
in a second, I'm trying to be brief, | 3:28:37 | 3:28:42 | |
I can assure you. Can I make my
point in 1's? It is actually an | 3:28:42 | 3:28:47 | |
extremely serious point. Bat can I
make my point once? This technical | 3:28:47 | 3:28:55 | |
bill to stop this illegal hiatus. It
saw no reason to put any reference | 3:28:55 | 3:29:00 | |
to our departure date from the union
in it. Their reason... There was no | 3:29:00 | 3:29:07 | |
reason to be kidding. Article 50
supporters, despite my vote against, | 3:29:07 | 3:29:14 | |
by a large majority of the House of
Commons, sets the date in March the | 3:29:14 | 3:29:21 | |
29th, 2019. The whole Bill proceeded
on that basis. Suddenly, in your | 3:29:21 | 3:29:29 | |
last few days, partly in response to
the amendment of the members of | 3:29:29 | 3:29:35 | |
Birkenhead. The governments suddenly
produced most precise and amendments | 3:29:35 | 3:29:38 | |
tying down our departure to the
second. With great respect to the | 3:29:38 | 3:29:46 | |
member for Birkenhead, his amendment
could easily have been defeated. If | 3:29:46 | 3:29:50 | |
the Labour Party would have voted
against it, I could have voted | 3:29:50 | 3:29:53 | |
against it for what it's worth,
neoliberals. Even the Government, | 3:29:53 | 3:29:57 | |
the Government tried to apply whips
get carried. If they'd been foolish | 3:29:57 | 3:30:01 | |
enough to do that, they would have
had a job getting a majority for the | 3:30:01 | 3:30:05 | |
honourable member for Birkenhead so
I don't think despite his formidable | 3:30:05 | 3:30:12 | |
oratory, the honourable member that
cause them to bring it forward. What | 3:30:12 | 3:30:17 | |
happened was they try to make a
concession to the more moderate | 3:30:17 | 3:30:22 | |
members of the backbenchers on this
site by conceding the obvious common | 3:30:22 | 3:30:28 | |
sense that we are going to have to
have a meaningful, lawful vote on | 3:30:28 | 3:30:33 | |
whatever deal is produced and we are
going to have to have legislation to | 3:30:33 | 3:30:38 | |
actually move through the final
period. It's not a great concession. | 3:30:38 | 3:30:40 | |
With great respect to what we
discovered the other day, they | 3:30:40 | 3:30:44 | |
haven't quite got it right yet
because all these great processes | 3:30:44 | 3:30:47 | |
have to take place after we were
already left, particularly if the | 3:30:47 | 3:30:51 | |
Government's amendments are passed,
which increases that risk. Having | 3:30:51 | 3:30:56 | |
made what might have been seen by
some as a dreadful concession, a | 3:30:56 | 3:31:03 | |
concession of all people to my
honourable friend, the member from | 3:31:03 | 3:31:07 | |
Beaconsfield, and my honourable
friend the member from Broxton, | 3:31:07 | 3:31:11 | |
shock, horror, what kind of press
was that going to bring? What kind | 3:31:11 | 3:31:15 | |
of reaction from the Forth Road
below the gangway? -- from the | 3:31:15 | 3:31:26 | |
fourth row. Someone is urged to
bring something that we can bring to | 3:31:26 | 3:31:30 | |
the Secretary and produced this
ridiculous and in print but it is | 3:31:30 | 3:31:33 | |
not just ridiculous and unnecessary,
it could be positively harmful to | 3:31:33 | 3:31:40 | |
the national interest. These
negotiations... I'll give way. I | 3:31:40 | 3:31:50 | |
thank the honourable gentleman are
giving way. Isn't it fortunate | 3:31:50 | 3:31:52 | |
higher birth despite what he just
said that the gunmen have time to | 3:31:52 | 3:31:55 | |
rethink this? Because my honourable
friend's amendment is already making | 3:31:55 | 3:32:00 | |
the Government opposed to day as
well the opposition, it does not get | 3:32:00 | 3:32:05 | |
considered until the eighth day of
committee therefore is there not | 3:32:05 | 3:32:08 | |
ample time for the Government
without losing face to listen to the | 3:32:08 | 3:32:15 | |
words of the honourable gentleman
with the good sense of the word he's | 3:32:15 | 3:32:17 | |
making and withdraw the amendment? A
will not try to emulate the | 3:32:17 | 3:32:23 | |
eminently sensible advice of the
honourable member. By the time they | 3:32:23 | 3:32:28 | |
have to concede this but I trust
they will, then it will have been | 3:32:28 | 3:32:33 | |
forgotten the odd circumstances by
which it was produced and he sums up | 3:32:33 | 3:32:37 | |
the situation. It is quite
unnecessary to actually close down | 3:32:37 | 3:32:42 | |
our options as severely as they are
with this amendment when they don't | 3:32:42 | 3:32:46 | |
know yet. When it is perfectly
possible on all precedents that | 3:32:46 | 3:32:51 | |
there is a mutually beneficial
European and British need to keep | 3:32:51 | 3:32:56 | |
the negotiations going for a time
longer to get them settled and not | 3:32:56 | 3:33:00 | |
to fall into the problems that this
Bill is designed for. I will | 3:33:00 | 3:33:05 | |
conclude now and I apologise to my
honourable friend but there are | 3:33:05 | 3:33:08 | |
other things that have come up which
are actually important and we need | 3:33:08 | 3:33:12 | |
to be returning and will return to
them many times in the course of | 3:33:12 | 3:33:16 | |
this actual bill's committee stage.
The whole question of the obvious | 3:33:16 | 3:33:22 | |
need for a transition stage and the
obvious need for a transition stage | 3:33:22 | 3:33:26 | |
to continue with our relationship on
its present terms and until the new | 3:33:26 | 3:33:34 | |
terms have been clarified and
business can run smoothly, that have | 3:33:34 | 3:33:39 | |
to be reflection in every word of
this bill and we must not seek to | 3:33:39 | 3:33:43 | |
put obstacles. The foreign speech
was a most -- the Florence speech | 3:33:43 | 3:33:49 | |
was the only significant step
forward. The British have so far | 3:33:49 | 3:33:53 | |
taken in the whole negotiating
process. I don't know, I suspect | 3:33:53 | 3:33:59 | |
that I don't know whether there are
members of the bill whose main | 3:33:59 | 3:34:02 | |
effort devoted to trying to step
back again from the Florence speech | 3:34:02 | 3:34:07 | |
but just in case, I hope the
Government will welcome all attempts | 3:34:07 | 3:34:10 | |
to group the Florence speech and its
content onto the face of this bill. | 3:34:10 | 3:34:17 | |
I hope we won't have the necessary
detailed discussions which this | 3:34:17 | 3:34:22 | |
debate has just held first
interfered with or shorts down in | 3:34:22 | 3:34:28 | |
the criticisms by people saying, oh,
you are remoaners and trying to | 3:34:28 | 3:34:37 | |
reverse democracy, you have been
instructed by the people to leave | 3:34:37 | 3:34:41 | |
Euratom, you been instructed by the
people to reject the European Court | 3:34:41 | 3:34:44 | |
of Justice. The question... The
referendum which I have no time for | 3:34:44 | 3:34:50 | |
referendums personally, but the
referendum certainly settled that | 3:34:50 | 3:34:55 | |
the majority wanted to leave the
European Union. It settled and | 3:34:55 | 3:34:58 | |
nothing else. As nobody expected
leave to win, including the leave | 3:34:58 | 3:35:09 | |
campaign, who would have taken no
notice of the referendum had they | 3:35:09 | 3:35:14 | |
lost it, nobody actually paid any
attention to what leaving actually | 3:35:14 | 3:35:21 | |
meant in these practical, legal,
economic policy, business terms | 3:35:21 | 3:35:25 | |
which it is the duty of this house
to debate. We had no instructions | 3:35:25 | 3:35:33 | |
with anybody mentioning problems of
trade, investment, jobs, which are | 3:35:33 | 3:35:37 | |
only part of the problem although
our hugely important waved away by | 3:35:37 | 3:35:43 | |
leave campaigners, the leading leave
campaigners. The present Foreign | 3:35:43 | 3:35:48 | |
Secretary dismissed all of that,
politics of fear, Craig would carry | 3:35:48 | 3:35:53 | |
on just as before. Investment would
flow just as before. -- trade would | 3:35:53 | 3:35:58 | |
carry on. That is what the public
were told as most believed which | 3:35:58 | 3:36:05 | |
ever way they eventually voted. Even
the Foreign Secretary is going to | 3:36:05 | 3:36:08 | |
have to read his brief and study the
basis of which international trade | 3:36:08 | 3:36:11 | |
is conducted in the modern,
globalised economy and we are going | 3:36:11 | 3:36:16 | |
to have two avoid a House of Commons
which universally expresses belief | 3:36:16 | 3:36:24 | |
in free trade and quite needlessly
putting protectionist barriers by | 3:36:24 | 3:36:28 | |
way of tariffs are weight of customs
procedures, by way of regular Tory | 3:36:28 | 3:36:36 | |
conditions, between ourselves and
our biggest and most important | 3:36:36 | 3:36:40 | |
market in the world. -- regulatory
conditions. I have listened to him | 3:36:40 | 3:36:48 | |
and enjoyed listening and debating
with him for many years on the | 3:36:48 | 3:36:51 | |
subject full but they now represent
orthodoxy, party loyalty and now | 3:36:51 | 3:36:57 | |
argues there was too much
parliamentary debate and that we | 3:36:57 | 3:37:01 | |
shouldn't have vote on this, it's
all been settled by the voice of the | 3:37:01 | 3:37:04 | |
people, I and the rebel. -- I am in
the rebel and despise the policies | 3:37:04 | 3:37:12 | |
of the Conservative Party that I
have followed for 50 years of mine | 3:37:12 | 3:37:15 | |
budget of it until he had a
referendum 18 months ago and I have | 3:37:15 | 3:37:20 | |
not yet seen the light but he and I
remain consistent but probably each | 3:37:20 | 3:37:26 | |
of us wrong. In the course of it,
there are some very, very serious | 3:37:26 | 3:37:30 | |
issues to be settled in this Bill
and I have the Government to | 3:37:30 | 3:37:34 | |
reconsider silly and amendment is
thrown out because they have a good | 3:37:34 | 3:37:36 | |
article in the Daily Telegraph which
actually might do harm. | 3:37:36 | 3:37:52 | |
Thank you, Madam Deputy Speaker. It
is a privilege to follow the right | 3:37:52 | 3:37:58 | |
honourable member. I welcome the
applause on the Labour Party | 3:37:58 | 3:38:03 | |
benches. Some of them. Over the
weekend we passed the halfway mark | 3:38:03 | 3:38:13 | |
between the EU referendum and
actually leaving the European Union. | 3:38:13 | 3:38:17 | |
It is difficult to argue that over
those 500 plus days that we have | 3:38:17 | 3:38:22 | |
spent that time well and that the
government has a clearer idea on | 3:38:22 | 3:38:26 | |
where we are. That the votes that
were made by the minister and his | 3:38:26 | 3:38:32 | |
colleagues in Vote Leave have come
to reality or any nearer to when | 3:38:32 | 3:38:39 | |
they made those promises, we are no
Nirat to the post Brexit utopia we | 3:38:39 | 3:38:44 | |
were promised -- we are no closer.
Those looking back on this debate in | 3:38:44 | 3:38:50 | |
years to come will also look back on
these debates with a sense of | 3:38:50 | 3:38:57 | |
bewilderment. Not only has this
Parliament set to approve a bill | 3:38:57 | 3:39:04 | |
which most members think is a bad
idea, but most members think leaving | 3:39:04 | 3:39:08 | |
the EU is a bad idea, but we are
also being asked to make significant | 3:39:08 | 3:39:15 | |
changes with an extraordinary
depository of information like no | 3:39:15 | 3:39:21 | |
other piece of legislation might be
forced through on such little | 3:39:21 | 3:39:24 | |
information. It is astonishing that
500 days on, the government remains | 3:39:24 | 3:39:31 | |
clueless about the impact of its
plans and we have still not seen the | 3:39:31 | 3:39:35 | |
impact assessments that this
Parliament voted for, and that we | 3:39:35 | 3:39:39 | |
were promised. This would have been
quite useful ahead of this debate | 3:39:39 | 3:39:44 | |
today, actually. Had this government
been listing to Parliament. -- | 3:39:44 | 3:39:51 | |
listening. All of this by members
opposite who wanted to bring back | 3:39:51 | 3:39:57 | |
decision-making and power and
so-called sovereignty to the House | 3:39:57 | 3:39:59 | |
of Commons. What is clear, after all
this time, either the impact | 3:39:59 | 3:40:08 | |
assessments are being hurriedly
rushed together right now or they | 3:40:08 | 3:40:10 | |
are too feared to share them, too
scared. Last night's botched efforts | 3:40:10 | 3:40:18 | |
to win support illustrates the
desperate situation in which the | 3:40:18 | 3:40:22 | |
government and this Parliament finds
itself. We have been given a choice | 3:40:22 | 3:40:28 | |
that we could actually approve a
really bad deal or we can approve a | 3:40:28 | 3:40:33 | |
really really bad deal, that is no
choice at all, and one we should | 3:40:33 | 3:40:37 | |
avoid at all costs. The right
honourable member raised an | 3:40:37 | 3:40:43 | |
important point about promises that
were made and there is a point about | 3:40:43 | 3:40:45 | |
accountability. Good governance in
any Parliament in any legislature | 3:40:45 | 3:40:54 | |
relies on being accountable, it is
the whole idea of why those of us | 3:40:54 | 3:40:57 | |
from Scotland travel down and why
those from out side the UK come here | 3:40:57 | 3:41:03 | |
to hold the government to account,
-- why those from around the UK come | 3:41:03 | 3:41:12 | |
here. Parliamentary control of the
executive was laid out so that | 3:41:12 | 3:41:19 | |
government could not sideline this
place, and with the government be in | 3:41:19 | 3:41:23 | |
its current pickle if the bill had
been passed. Accountability is sadly | 3:41:23 | 3:41:31 | |
lacking here. Parliamentary can --
control should go deeper, and all of | 3:41:31 | 3:41:39 | |
us should be accountable for the
commitments we make ahead of any | 3:41:39 | 3:41:43 | |
election and ahead of any
referendum. We should all do our | 3:41:43 | 3:41:47 | |
best to implement the manifesto on
which we were elected, regardless of | 3:41:47 | 3:41:51 | |
how much we disagree with each
other, we have our responsibility to | 3:41:51 | 3:41:55 | |
our people and we are accountable to
them. I'm left with a quandary. If | 3:41:55 | 3:42:11 | |
this place is accountable, who is
accountable to provide £350 million | 3:42:11 | 3:42:17 | |
a week to the NHS? The government
denied it for the who is | 3:42:17 | 3:42:22 | |
accountable. Who is accountable for
saying Scotland would get new powers | 3:42:22 | 3:42:29 | |
over immigration? If only the EU
have been successful in getting rid | 3:42:29 | 3:42:37 | |
of double-decker buses, you wouldn't
have so many promises to splash | 3:42:37 | 3:42:41 | |
across the sides. I will take an
intervention over the | 3:42:41 | 3:42:47 | |
accountability. I'm grateful for the
member giving away. -- way. Would he | 3:42:47 | 3:42:57 | |
like to add to the comments, like
one from Dan Hannan, don't worry, | 3:42:57 | 3:43:05 | |
you can vote for Leave, because we
will stay in the singles -- single | 3:43:05 | 3:43:13 | |
market and the customs union. That
is a very good point. I would like | 3:43:13 | 3:43:19 | |
to quote the lead of the Scottish
Conservatives, the problem is with | 3:43:19 | 3:43:24 | |
quoting her directly, I'm going to
have to paraphrase what she said | 3:43:24 | 3:43:28 | |
because I read out the quote I would
be held out of order in this place. | 3:43:28 | 3:43:34 | |
She said, and I have to paraphrase,
she called into question the | 3:43:34 | 3:43:39 | |
voracity of claims on costs in terms
of the EU and claims made by people | 3:43:39 | 3:43:45 | |
in government on the EU membership
of Turkey and on the EU army, as | 3:43:45 | 3:43:51 | |
well, and I cannot quote Haidara
otherwise I would find myself in | 3:43:51 | 3:43:56 | |
bother -- I cannot quote her direct.
Is he aware of the work done by | 3:43:56 | 3:44:04 | |
economist for free trade which is
350 million promised to the NHS is | 3:44:04 | 3:44:08 | |
fundable and is here the agreement
yesterday at the European Union a | 3:44:08 | 3:44:12 | |
European army? Both of these things
can easily be answered. -- of a | 3:44:12 | 3:44:19 | |
European army. If only they had seen
your talent but you could have been | 3:44:19 | 3:44:25 | |
in government, implementing these
changes. I look forward to the | 3:44:25 | 3:44:30 | |
conversation that we have as we
passed the same lobbies together | 3:44:30 | 3:44:34 | |
when we sit to get the health
funding that was promised by those | 3:44:34 | 3:44:39 | |
who are now in government. The man
from North East Somerset does have | 3:44:39 | 3:44:47 | |
his supporters, and they were
retweeting the speech he made which | 3:44:47 | 3:44:52 | |
called for a race to the bottom, low
regulation Britain. Excellent point. | 3:44:52 | 3:44:59 | |
The honourable members and I might
not agree on much, Ruth Davidson and | 3:44:59 | 3:45:12 | |
myself might not agree on much, but
she was right that we deserve the | 3:45:12 | 3:45:15 | |
truth. That this place deserves the
truth and accountability over the | 3:45:15 | 3:45:20 | |
promises that were made. I'm
wondering if the minister who is in | 3:45:20 | 3:45:24 | |
this place who was making these
promises on behalf of Vote Leave | 3:45:24 | 3:45:28 | |
will address that and tell us what
is going to happen about these | 3:45:28 | 3:45:31 | |
promises. These promises were made
to the people before they voted and | 3:45:31 | 3:45:39 | |
he has a responsibility on that.
Will the member agree that people | 3:45:39 | 3:45:49 | |
voted to leave the EU because they
voted for a better future, they did | 3:45:49 | 3:45:53 | |
not vote for Brexit at any cost
including the cost of democracy. I | 3:45:53 | 3:45:58 | |
will take one more intervention. And
then I will make progress. I hope | 3:45:58 | 3:46:04 | |
the gentleman will read the report
which called into question those | 3:46:04 | 3:46:14 | |
claims and their voracity on both
sides of the campaign. If only he | 3:46:14 | 3:46:29 | |
had stopped them putting that on the
side of a bus, this is | 3:46:29 | 3:46:31 | |
extraordinary. These who voted gonna
are ministers now, they have got to | 3:46:31 | 3:46:38 | |
take responsibility -- those who
voted leave, they are ministers now | 3:46:38 | 3:46:48 | |
and they have got to take
responsibility. If labour got into | 3:46:48 | 3:46:53 | |
government, they would want them to
live up to their promises and take | 3:46:53 | 3:46:55 | |
responsibility. This is the
question, on any future referendum, | 3:46:55 | 3:47:00 | |
we free to say whatever we like
because there will be no one to be | 3:47:00 | 3:47:05 | |
held account for what happened
afterwards, surely members must | 3:47:05 | 3:47:13 | |
recognise, on also I've, the damage
that has been done to politics as a | 3:47:13 | 3:47:19 | |
whole by the promises that were made
by Vote Leave -- on both sides. This | 3:47:19 | 3:47:25 | |
is one of the many reasons why
deserves to fall, this bill, at the | 3:47:25 | 3:47:29 | |
border compromise and the member for
Birkenhead made this point, we need | 3:47:29 | 3:47:35 | |
to have compromise in a Parliament
of minorities, it is almost a year | 3:47:35 | 3:47:39 | |
since the Scottish Government
published its comprise that would | 3:47:39 | 3:47:42 | |
have seen us remain part of the
single market. Leaving the EU is | 3:47:42 | 3:47:50 | |
something I wanted and not something
that my constituents voted for and | 3:47:50 | 3:47:53 | |
not something that my nation voted
for bubbly nature of compromise is | 3:47:53 | 3:47:58 | |
one of give and take. -- but the
nature. Remaining part of the single | 3:47:58 | 3:48:04 | |
market came from experts because we
still listen to experts on this side | 3:48:04 | 3:48:08 | |
of the house. It was one that was
taken by members of other political | 3:48:08 | 3:48:14 | |
parties, one that was pushed by the
Secretary of State for Scotland and | 3:48:14 | 3:48:17 | |
the leader of the Scottish
Conservatives as well. That we | 3:48:17 | 3:48:20 | |
should remain part of the single
market, and I would urge members to | 3:48:20 | 3:48:23 | |
look at that deal. Amendment 69,
instead of having us crashing out of | 3:48:23 | 3:48:32 | |
the European Union, would have us
retaining membership of the EU until | 3:48:32 | 3:48:34 | |
we sort this out. It is important we
are backing Amendment 79 tonight, | 3:48:34 | 3:48:39 | |
because it is important that
democracy does not begin and end in | 3:48:39 | 3:48:45 | |
this place and the devolved
administrations should have a key | 3:48:45 | 3:48:48 | |
role as we go along, we are now in a
situation where no deal is becoming | 3:48:48 | 3:48:55 | |
more and more of a reality, and I
will touch upon that in my | 3:48:55 | 3:48:58 | |
concluding remarks. In the
referendum campaign the former | 3:48:58 | 3:49:02 | |
Chancellor said if we leave the
European Union we would be leaving | 3:49:02 | 3:49:05 | |
the single market, it was made
explicit, but he has spoke about | 3:49:05 | 3:49:09 | |
future referenda, and he would like
a second referendum in Scotland, | 3:49:09 | 3:49:16 | |
should the Scottish people vote in
the referendum, 52%, 48%, to leave | 3:49:16 | 3:49:23 | |
the UK, will he be arguing for a
third referendum after much | 3:49:23 | 3:49:26 | |
discussion? This is extraordinary.
Something the Scottish Government | 3:49:26 | 3:49:32 | |
dead before the independence
referendum, they produced a White | 3:49:32 | 3:49:38 | |
Paper -- did before. Members here
did not agree with it and she | 3:49:38 | 3:49:46 | |
campaigned and I respect her for
campaigning to vote no, but we have | 3:49:46 | 3:49:49 | |
the courage of our convictions to
lay out what we stood for. The mess | 3:49:49 | 3:49:55 | |
we are in today is because this side
of the house does not have the | 3:49:55 | 3:49:59 | |
courage of their convictions to lay
out what voting leave would mean. | 3:49:59 | 3:50:02 | |
And that means a no deal would mean
80,000 jobs gone, cities like | 3:50:02 | 3:50:13 | |
Aberdeen and Edinburgh losing
billions and the impact on rural | 3:50:13 | 3:50:17 | |
areas, as well. And on security
issues, I welcome what the Prime | 3:50:17 | 3:50:22 | |
Minister said, we would lose access
to the EU's security databases, | 3:50:22 | 3:50:29 | |
combating cross-border crime with a
no deal situation, that is grossly | 3:50:29 | 3:50:32 | |
irresponsible. May I just say, from
the perspective of Northern Ireland, | 3:50:32 | 3:50:40 | |
no deal would be absolutely
disastrous. It would mean inevitably | 3:50:40 | 3:50:45 | |
a hard border and for those of us
who have grown up in Northern | 3:50:45 | 3:50:51 | |
Ireland through 32 years of
violence, killing and mayhem, are | 3:50:51 | 3:50:56 | |
not prepared to sit here and allow
this House to go down the route of | 3:50:56 | 3:51:00 | |
no deal which endangers people, UK
border officials, along the border, | 3:51:00 | 3:51:05 | |
it is imperative that we have a
deal. I would like to thank you, and | 3:51:05 | 3:51:12 | |
I think members on all sides of this
House would do well to listen to the | 3:51:12 | 3:51:16 | |
words of the honourable lady.
Northern Ireland was fastly | 3:51:16 | 3:51:20 | |
overlooked and continues to be
overlooked. One thing that concerns | 3:51:20 | 3:51:27 | |
me and should concern members on all
sides, we have a no deal scenario | 3:51:27 | 3:51:33 | |
and ministers playing Russian
roulette with our futures, with the | 3:51:33 | 3:51:36 | |
future of people in Northern Ireland
and across the UK, the slash and | 3:51:36 | 3:51:41 | |
burn approach to politics which will
profit absolutely nobody whatsoever. | 3:51:41 | 3:51:46 | |
I will conclude with this, order us
may disagree on many issues -- all | 3:51:46 | 3:51:53 | |
of us. But we come to this place,
doing so hoping we will leave the UK | 3:51:53 | 3:51:59 | |
that bit better off, and I respect
members who try to do this. By | 3:51:59 | 3:52:05 | |
backing this with this level of lack
of preparedness, we do no such thing | 3:52:05 | 3:52:10 | |
to leave future generations better
off. So weak are the demands of | 3:52:10 | 3:52:15 | |
those who backed leaving the EU,
I've heard them not so much on the | 3:52:15 | 3:52:19 | |
SNP benches, but I've heard them
tackle Labour and Conservative | 3:52:19 | 3:52:26 | |
colleagues are questioning why they
are trying to put down amendments | 3:52:26 | 3:52:28 | |
instead of challenging them on the
substance of the amendment that we | 3:52:28 | 3:52:32 | |
are putting down. We will seek to
amend this bill as it goes through | 3:52:32 | 3:52:37 | |
and we will seek to find common
cause with colleagues from across | 3:52:37 | 3:52:39 | |
the house. | 3:52:39 | 3:52:45 | |
However we know that if we do
achieve what we are trying to rip we | 3:52:45 | 3:52:48 | |
do reach common ground is to make
the situation not better but less | 3:52:48 | 3:52:52 | |
bad. That is not a situation which
any member should ever find | 3:52:52 | 3:52:55 | |
themselves in when they come to this
house. Madam Deputy Speaker, I would | 3:52:55 | 3:53:00 | |
urge members to reconsider and urge
the governments to press the reset | 3:53:00 | 3:53:04 | |
cause. There was far more at stake
than the future of this Government | 3:53:04 | 3:53:08 | |
or indeed the future any with the
members of this house. Thank you for | 3:53:08 | 3:53:12 | |
your time. I would like to start,
Madam Deputy Speaker, by simply | 3:53:12 | 3:53:23 | |
explaining why it is so important,
contrary to what the honourable | 3:53:23 | 3:53:26 | |
gentleman has just spoken suggested,
that far from weak arguments as to | 3:53:26 | 3:53:31 | |
why not we should leave the EU and
why we should repeal the European | 3:53:31 | 3:53:37 | |
Communities Act 1972, why it is so
absolutely essential that we do so | 3:53:37 | 3:53:40 | |
if we are going to have a
self-respecting, self-governing, | 3:53:40 | 3:53:46 | |
democratic country. This Bill, this
whole issue is about one main | 3:53:46 | 3:53:51 | |
question and the word is democracy.
It is also from which everything | 3:53:51 | 3:53:55 | |
else necessarily flows all the
economic arguments, all the | 3:53:55 | 3:54:00 | |
questions relating to trade and the
other matters are all ultimately | 3:54:00 | 3:54:03 | |
dependent upon the question of
whether or not we have the right to | 3:54:03 | 3:54:10 | |
govern ourselves in this sacred
House of Commons which is the basis | 3:54:10 | 3:54:15 | |
on which the people of this country
in general elections make decisions | 3:54:15 | 3:54:21 | |
of their own free choice, whether it
is to vote for the Labour Party or | 3:54:21 | 3:54:25 | |
the Liberal Democrats or the FNP or
the Conservative Party, and then to | 3:54:25 | 3:54:31 | |
make a decision in this house. -- or
the SNP. As to how they're going to | 3:54:31 | 3:54:36 | |
be governed. I will repeat what I
have said. We have just had | 3:54:36 | 3:54:41 | |
Remembrance Day. I don't people to
reflect on the fact that for one | 3:54:41 | 3:54:45 | |
moment, they might just recall the
fact that those millions of people | 3:54:45 | 3:54:50 | |
who died in both world Wars died for
a reason. It was to do with | 3:54:50 | 3:54:55 | |
sustaining the freedom of democracy
of this house. I will certainly give | 3:54:55 | 3:55:01 | |
way. Who are you giving way to?
Doesn't democracy presumably | 3:55:01 | 3:55:11 | |
Government would listen to the will
of the House of Commons who are | 3:55:11 | 3:55:14 | |
individually elected by their
representatives? Their | 3:55:14 | 3:55:17 | |
constituencies? Would not be
slightly odd however if he were to | 3:55:17 | 3:55:21 | |
pursue with this bill without taking
at the Henry VIII Palace? Simply, | 3:55:21 | 3:55:28 | |
this house decided in the European
referendum act which was a sovereign | 3:55:28 | 3:55:33 | |
act of this house and that is the
point the honourable gentleman just | 3:55:33 | 3:55:36 | |
has made, to decree by six to one in
this House of Commons that he would | 3:55:36 | 3:55:44 | |
deliberately transfer decisions of
whether to leave or remain in the | 3:55:44 | 3:55:50 | |
European Union treaty people. I do
not believe it is given for us then | 3:55:50 | 3:55:55 | |
without repealing that act to be
able then to read journal the | 3:55:55 | 3:56:01 | |
decisions in this house as to
whether or not we leave or continue | 3:56:01 | 3:56:03 | |
but I will give way to the
honourable gentleman. He has made | 3:56:03 | 3:56:07 | |
some references to the millions of
people who died in two world wars. | 3:56:07 | 3:56:15 | |
Isn't the fact that those two will
was to place before the existence of | 3:56:15 | 3:56:20 | |
the European Union and the fact that
we in Europe have lived in this | 3:56:20 | 3:56:24 | |
country and in Germany, France for
decades in peace, is that not | 3:56:24 | 3:56:30 | |
because of France and Germany, and
other countries, now being in a | 3:56:30 | 3:56:34 | |
position of never, ever letting it
go to war because of the European | 3:56:34 | 3:56:38 | |
Union? The ads are to be honourable
gentleman is that no two democracies | 3:56:38 | 3:56:43 | |
have ever gone to war with one
another and if I made declare an | 3:56:43 | 3:56:46 | |
interest, I do take a general
interest in this because my own | 3:56:46 | 3:56:50 | |
father was killed in Normandy
fighting for this country and I'm | 3:56:50 | 3:56:54 | |
proud of the fact he got the
military Cross in Normandy for that | 3:56:54 | 3:56:57 | |
reason. -- we got the military Cross
in Normandy. I believe many people | 3:56:57 | 3:57:03 | |
outside in this country really
understand and believe, it's not | 3:57:03 | 3:57:08 | |
just something which is easy to
explain. It is to do with the fact | 3:57:08 | 3:57:12 | |
that people understand the real
reasons why self-government is so | 3:57:12 | 3:57:17 | |
important and this particular
proposal of the European community | 3:57:17 | 3:57:23 | |
act 1972 which we are now repealing
was the greatest power grabs since | 3:57:23 | 3:57:30 | |
Oliver Cromwell. The fact is that we
did this in 1972 with good | 3:57:30 | 3:57:34 | |
intentions. I voted yes in 1975 and
I did it because I believed that for | 3:57:34 | 3:57:41 | |
the sort of reason the honourable
gentleman has mentioned, that it | 3:57:41 | 3:57:44 | |
would actually create a stability in
the European Union. The problem is | 3:57:44 | 3:57:48 | |
it has done exactly the opposite.
Look at all the countries throughout | 3:57:48 | 3:57:51 | |
the European Union and the grass
roots movement that have taken | 3:57:51 | 3:57:56 | |
place. The rise of the far right
which I deeply at all which I have | 3:57:56 | 3:58:00 | |
opposed innocence about the matter
and rebellion back in 1990. -- I did | 3:58:00 | 3:58:09 | |
set out why I was so opposed to that
treaty because it was creating | 3:58:09 | 3:58:14 | |
European governments and making this
country ever more subservient to the | 3:58:14 | 3:58:17 | |
rule-making of the European Union
which, as I said in response to the | 3:58:17 | 3:58:23 | |
Right Honourable member for
Rushcliffe, has been conducted in a | 3:58:23 | 3:58:26 | |
manner which has been behind closed
doors. We have been shackled by the | 3:58:26 | 3:58:30 | |
European wars. The act at one point
in his remarks if we could give one | 3:58:30 | 3:58:36 | |
example. -- shackled by the European
laws. -- the Ascot at one point. I | 3:58:36 | 3:58:41 | |
give one good one, in the House of
Commons, we are not allowed to make | 3:58:41 | 3:58:46 | |
any difference to it. It was opposed
by the Government, opposed by the | 3:58:46 | 3:58:49 | |
opposition, opposed by all the
employers and opposed by the trade | 3:58:49 | 3:58:54 | |
unions. What can we do about it?
Absolutely nothing. I will come onto | 3:58:54 | 3:58:58 | |
that in a minute but I give way.
Very grateful to my honourable | 3:58:58 | 3:59:09 | |
friend for giving way to me. Would
he agree that once Parliament has | 3:59:09 | 3:59:14 | |
passed, the repeal of the 1972 act,
ministers will -- once the | 3:59:14 | 3:59:20 | |
parliament has passed the repeal of
the 1972 act, ministers will not | 3:59:20 | 3:59:25 | |
have to do the many things the
European Union insists on which the | 3:59:25 | 3:59:28 | |
parliament cannot discuss or
overturn? And there are at least | 3:59:28 | 3:59:34 | |
12,000 if not more regulations.
Every one of which will have | 3:59:34 | 3:59:40 | |
required a whole act of Parliament
with amendments and stages in both | 3:59:40 | 3:59:45 | |
houses where the transcript was
available, where people had known | 3:59:45 | 3:59:48 | |
who voted which way and by, and in
addition to that, what the outcome | 3:59:48 | 3:59:53 | |
actually was in a democratic
process. Instead of which, as I said | 3:59:53 | 3:59:58 | |
to my honourable friend from
Rushcliffe and even he conceded the | 3:59:58 | 4:00:01 | |
fact that I was right on this, it is
done at these lunches and in the | 4:00:01 | 4:00:08 | |
Council of ministers in a manner
which is really completely lacking | 4:00:08 | 4:00:14 | |
in democratic legitimacy and yet
because of the consent arrangements | 4:00:14 | 4:00:17 | |
behind closed doors, it ends through
section two of the communities act | 4:00:17 | 4:00:22 | |
becomes part of our law. It is
imposed upon us by on voluntary | 4:00:22 | 4:00:28 | |
consent therefore it is up to either
the people of this country to decide | 4:00:28 | 4:00:32 | |
by their voluntary consent, their
freedom of choice, that they will | 4:00:32 | 4:00:36 | |
get out of this just as it was
brought in by a factor parliament | 4:00:36 | 4:00:41 | |
about the referendum in 1972. I will
certainly give way to the honourable | 4:00:41 | 4:00:44 | |
lady. A bank in forgiving way. Have
the member shown just some | 4:00:44 | 4:00:54 | |
misunderstanding on participate we
democracy rather than one country | 4:00:54 | 4:00:56 | |
dictating to another, this is the
whole spirit of the European Union. | 4:00:56 | 4:01:01 | |
Not one country that is sovereign,
it is decided in the round of what | 4:01:01 | 4:01:07 | |
we are going to take folic. That
they disillusioned. I been endless | 4:01:07 | 4:01:15 | |
hours for many years and I have been
in the European Commission for 32 of | 4:01:15 | 4:01:21 | |
them. -- in this house. I can assure
you with what she said is not | 4:01:21 | 4:01:26 | |
reflected by the practice of the
European Union. It is a system which | 4:01:26 | 4:01:32 | |
is essentially undemocratic but I'm
happy to give way to the honourable | 4:01:32 | 4:01:34 | |
lady. And very grateful for the
honourable member giving way. Does | 4:01:34 | 4:01:40 | |
he not feel that there was a sense
of irony that all 12,000 EU | 4:01:40 | 4:01:44 | |
regulations are now going to be
imported into UK law? And under a | 4:01:44 | 4:01:51 | |
process which is not going to have
the detailed scrutiny of this house | 4:01:51 | 4:01:55 | |
because it is going to use Henry
VIII Palace to do it? -- Henry VIII | 4:01:55 | 4:02:05 | |
powers. The honourable lady might
realise there is no other way of | 4:02:05 | 4:02:09 | |
transposing the regulation. I
drafted the original repeal Bill, I | 4:02:09 | 4:02:13 | |
understand very well. I did so
before the referendum because I | 4:02:13 | 4:02:15 | |
believed that you are going to win,
I may say to my honourable friend. | 4:02:15 | 4:02:18 | |
The frugality is that it is a
process whereby bringing it into UK | 4:02:18 | 4:02:24 | |
law, we will then, for example
agriculture, fisheries, customs and | 4:02:24 | 4:02:32 | |
various other part of our
constitutional arrangements, we will | 4:02:32 | 4:02:35 | |
have our own Bill I primary
legislation which will be popularly | 4:02:35 | 4:02:39 | |
discussed on immigration for example
and he will be able to make | 4:02:39 | 4:02:43 | |
adjustments accordingly. I certainly
well. Yellow backpack to forgiving | 4:02:43 | 4:02:46 | |
way, with my honourable friend agree
groovy that every single one of | 4:02:46 | 4:02:49 | |
those regulations coming into UK law
are already applied by violence | 4:02:49 | 4:02:53 | |
country and is Parliament? And to
the satisfaction at the moment? The | 4:02:53 | 4:02:59 | |
reality is that we have in fact
incorporated this bill if and when | 4:02:59 | 4:03:04 | |
it goes through, and I believe it
will, by this method is that the | 4:03:04 | 4:03:09 | |
honourable member has mentioned on
the basis of our consent. We have | 4:03:09 | 4:03:12 | |
agreed to those but unfortunately it
does not have the democratic | 4:03:12 | 4:03:17 | |
legitimacy which will be conferred
upon it when this bill goes through. | 4:03:17 | 4:03:21 | |
I worried because I just want to
proceed with the basis on which the | 4:03:21 | 4:03:26 | |
importance that I attach to the
principle of the question of the | 4:03:26 | 4:03:37 | |
European Court of Justice. I made
this point to the Prime Minister ten | 4:03:37 | 4:03:43 | |
days ago and again to the Secretary
of State for Brexit the week before | 4:03:43 | 4:03:47 | |
and it is this. In the case of we
inherited these cases by virtue of | 4:03:47 | 4:03:54 | |
the European Community 's act 1972
when the treaties which were then | 4:03:54 | 4:03:58 | |
accumulated since 1956 came upon
pass through section two of the | 4:03:58 | 4:04:03 | |
European Communities Act. One of the
pieces of case law and there are two | 4:04:03 | 4:04:09 | |
in particular I just mentioned, many
others but I will just mention two | 4:04:09 | 4:04:14 | |
maybe three, there was 1963 and one
in 1964. I will quote from the | 4:04:14 | 4:04:21 | |
judgment of the European Court. What
it says is this, in relation to the | 4:04:21 | 4:04:28 | |
one in 1953, the unity constitutes a
new legal order in international law | 4:04:28 | 4:04:32 | |
for whose benefit the states have
limited the sovereign rights. In | 4:04:32 | 4:04:36 | |
course that in 1964, the court says
the transfer by the states from the | 4:04:36 | 4:04:43 | |
domestic legal system to the treaty
's legal system of rights and | 4:04:43 | 4:04:47 | |
obligations arising under the treaty
carries with it a granite limitation | 4:04:47 | 4:04:50 | |
of their sovereign rights. In 1970,
in another case, the European Court | 4:04:50 | 4:04:58 | |
said the committee law should take
precedence even over the | 4:04:58 | 4:05:02 | |
constitutional laws of the member
states, including in basic | 4:05:02 | 4:05:07 | |
intentional laws relating to
fundamental rights. You cannot get | 4:05:07 | 4:05:10 | |
more profound than that. They are
effectively stating, and by the way, | 4:05:10 | 4:05:15 | |
they do this as an assertion within
that court and we, because of | 4:05:15 | 4:05:19 | |
section three of the European
Communities Act, have set under the | 4:05:19 | 4:05:23 | |
72 act that we will agree to abide
by those decisions which are mere | 4:05:23 | 4:05:28 | |
assertions by the European Court. I
will give way. Will my honourable | 4:05:28 | 4:05:33 | |
friend agree that all treaties give
up sovereignty, and in sovereignty | 4:05:33 | 4:05:39 | |
by joining the United Nations and
Nato? So far as the European Court | 4:05:39 | 4:05:47 | |
has existed for treaty rights,
including operations on an | 4:05:47 | 4:05:49 | |
amendment, Darcy Ripoll --. He
recalled perhaps the most important | 4:05:49 | 4:05:55 | |
one of all time many British
governed whenever, to the European | 4:05:55 | 4:05:59 | |
sentiment to assert our treaty
rights to the City of London and our | 4:05:59 | 4:06:03 | |
financial services industry could
have a passport to financial | 4:06:03 | 4:06:07 | |
services within the Eurozone? It was
worth thousands of jobs and ensure | 4:06:07 | 4:06:11 | |
the benefit of that court of
upholding treaty rights like most | 4:06:11 | 4:06:15 | |
important treaty rights of the
United Kingdom. I also remember | 4:06:15 | 4:06:21 | |
another case to the judge in
question, Northbridge, made it clear | 4:06:21 | 4:06:24 | |
that by the voluntary consent, we
would actually strike down our own | 4:06:24 | 4:06:30 | |
acts of parliament by virtue of the
72 act, namely the merchant shipping | 4:06:30 | 4:06:35 | |
act 1988. So, we are in the position
and I am not engaged in trying to | 4:06:35 | 4:06:44 | |
the end anyway disingenuous about
this. The fact is that this | 4:06:44 | 4:06:49 | |
particular European Communities Act
1972 empowers European Court to | 4:06:49 | 4:06:51 | |
strike down UK acts of Parliament
and that is what the sovereignty is | 4:06:51 | 4:06:57 | |
all about. They are the void that I
need to make is that... I will give | 4:06:57 | 4:07:06 | |
way. Girl-mac the honourable
gentleman was talking about | 4:07:06 | 4:07:08 | |
sovereignty and the bowling of
sovereignty. The member of | 4:07:08 | 4:07:13 | |
Rushcliffe made a point that the
pooling of sovereignty... Moving | 4:07:13 | 4:07:17 | |
forward to the future for more and
new trade deals, how will he achieve | 4:07:17 | 4:07:21 | |
a new trade deals without
sovereignty? -- without this leading | 4:07:21 | 4:07:27 | |
sovereignty? All trade deals require
that as said by the members | 4:07:27 | 4:07:30 | |
Rushcliffe. I must say to the
honourable gentleman and the member | 4:07:30 | 4:07:35 | |
of Rushcliffe there is a world of
difference to having agreements by | 4:07:35 | 4:07:39 | |
virtue of treaties in international
law which actually are matters upon | 4:07:39 | 4:07:44 | |
which you can make your decisions
about being absorbed into, and | 4:07:44 | 4:07:50 | |
entangled into a legal order. That
is the difference. It is the | 4:07:50 | 4:07:54 | |
packaging unit air and its
principles which completely | 4:07:54 | 4:08:00 | |
undermine the sovereignty of the
south and I'm prepared to concede | 4:08:00 | 4:08:03 | |
that some people, sure my honourable
friend will be making this point but | 4:08:03 | 4:08:06 | |
I will try to anticipate it. There
are circumstances in which pooling | 4:08:06 | 4:08:11 | |
of sovereignty by virtue of for
example Nato and the rest of it are | 4:08:11 | 4:08:16 | |
claimed to be a genuine pooling but
they are not because you can | 4:08:16 | 4:08:21 | |
withdraw from it. The whole point
about the European Communities Act | 4:08:21 | 4:08:24 | |
is that you cannot withdraw from it
except by repealing it in this | 4:08:24 | 4:08:28 | |
manner. That is what we are doing
now but I will certainly give way. | 4:08:28 | 4:08:35 | |
He emphasises strongly the
importance of the sovereignty of | 4:08:35 | 4:08:38 | |
this house, and I agree with him,
and as we leave, isn't it there for | 4:08:38 | 4:08:42 | |
all the more important that this
sovereign house has a meaningful | 4:08:42 | 4:08:45 | |
vote upon the terms upon which we
leave, not one that is a take it or | 4:08:45 | 4:08:50 | |
leave it at the end of the process?
Isn't that the ultimate expression | 4:08:50 | 4:08:54 | |
of sovereignty? Will he not
therefore support that? | 4:08:54 | 4:08:57 | |
The answer is that I am supporting
the outcome of the referendum, which | 4:08:57 | 4:09:01 | |
by virtue of our sovereign Acts of
Parliament, we decided we would pass | 4:09:01 | 4:09:06 | |
over...
Point of order. | 4:09:06 | 4:09:12 | |
Delightful though it is to sit
listening to the honourable | 4:09:12 | 4:09:18 | |
gentleman expiated on all manners of
things, I am struggling to discover | 4:09:18 | 4:09:25 | |
what it possibly has to do with new
clause 49, or for that matter, any | 4:09:25 | 4:09:29 | |
of the other amendments or new
clauses that are linked to it. | 4:09:29 | 4:09:35 | |
I thank The Right Honourable
gentleman for his point of order. | 4:09:35 | 4:09:38 | |
However, we are debating clause one.
It is quite wide-ranging, and the | 4:09:38 | 4:09:45 | |
honourable gentleman is in order in
his remarks. I am most grateful. I | 4:09:45 | 4:09:51 | |
had actually spotted that, and I am
most grateful for your confirmation | 4:09:51 | 4:09:54 | |
of the fact that I am within order.
But I will have to just also touch | 4:09:54 | 4:10:00 | |
on some of the issues that arise by
virtue of this continuous emphasis | 4:10:00 | 4:10:05 | |
on the virtues of the European Court
of Justice. There is a | 4:10:05 | 4:10:10 | |
constitutional principle, as I have
already explained. There is also the | 4:10:10 | 4:10:15 | |
case law, which I have already
explained. But it goes further than | 4:10:15 | 4:10:18 | |
that, and I would just mentioned the
very great lord justice being -- | 4:10:18 | 4:10:28 | |
gingham, who in his own book, The
Rule Of Law, chapter 12, describes | 4:10:28 | 4:10:33 | |
the relationship between the courts
in Parliament. And he unequivocally | 4:10:33 | 4:10:37 | |
comes down in favour of Parliament
and makes it clear that when | 4:10:37 | 4:10:41 | |
Parliament decides to pass an act,
and in the context, I am referring | 4:10:41 | 4:10:48 | |
to this bill which we are an acting,
when we pass this bill, it will then | 4:10:48 | 4:10:54 | |
become an override of all the laws
that have shackled us from the | 4:10:54 | 4:10:58 | |
European system so far, and also all
the court judgments, save only that | 4:10:58 | 4:11:05 | |
we have agreed by virtue of the
retained law to bring into, by | 4:11:05 | 4:11:11 | |
transposition, some aspects of the
process which we got used to, and | 4:11:11 | 4:11:14 | |
which we can then decide what to do
at a future date. I certainly will. | 4:11:14 | 4:11:19 | |
I have been waiting for my right
honourable friend. And learn it | 4:11:19 | 4:11:24 | |
friend, who I happen to know very
well, and have great respect for, so | 4:11:24 | 4:11:28 | |
I will listen to him with interest.
If I may just say to my honourable | 4:11:28 | 4:11:33 | |
friend, I don't think he can have it
both ways. He was talking a moment | 4:11:33 | 4:11:36 | |
ago about direct effect. If we leave
the European Union, there is no | 4:11:36 | 4:11:42 | |
doubt that direct effect will cease
on the day that we go, but in fact, | 4:11:42 | 4:11:48 | |
as he, I'm sure, nose, there are
about 800 treaties to which we are | 4:11:48 | 4:11:53 | |
signed up that have mechanisms which
can lead to judgments that affect | 4:11:53 | 4:11:57 | |
the UK, and we then undertake to
implement, sometimes by changing our | 4:11:57 | 4:12:03 | |
own laws. So I don't quite
understand why he has this obsession | 4:12:03 | 4:12:07 | |
with the court of justice of the
European union if in fact its direct | 4:12:07 | 4:12:13 | |
effect is removed, but we have to be
subject to it during the | 4:12:13 | 4:12:16 | |
transitional period when we are
leaving. | 4:12:16 | 4:12:18 | |
He makes that point, but I have to
say I don't think that matter has | 4:12:18 | 4:12:22 | |
been entirely settled by any means.
The honourable lady from the SNP | 4:12:22 | 4:12:28 | |
earlier referred to a lunch she was
at in which it appears that she was | 4:12:28 | 4:12:32 | |
told that we are going to be subject
to the European Court of Justice, | 4:12:32 | 4:12:37 | |
and my right honourable friend has
made exactly the same point. I have | 4:12:37 | 4:12:40 | |
to say that there are serious
questions about the nature of the | 4:12:40 | 4:12:44 | |
European court, and I would like to
turn to some of those right now. The | 4:12:44 | 4:12:49 | |
problem is this girl European court
itself is essentially not an | 4:12:49 | 4:12:57 | |
impartial court at all. And I can
only say this: That it has never | 4:12:57 | 4:13:06 | |
discharged its function impartially,
and that from the 1960s, it | 4:13:06 | 4:13:10 | |
developed a range of principles such
as those of the uniform application | 4:13:10 | 4:13:13 | |
of effectiveness of EU law, which
are then expanded its own volition | 4:13:13 | 4:13:18 | |
into the general principles of the
supremacy of direct effect of the EU | 4:13:18 | 4:13:22 | |
national law. These principles had
no basis in the EU treaties until | 4:13:22 | 4:13:28 | |
the Lisbon Treaty, which is a matter
of fact, my right honourable friend | 4:13:28 | 4:13:32 | |
was then Attorney General and
actually opposed. So the fact is, | 4:13:32 | 4:13:37 | |
until Lisbon,... I'm afraid not, I'm
think I must proceed. The fact is, | 4:13:37 | 4:13:46 | |
none of these principles had any
bases in EU treaties, and the | 4:13:46 | 4:13:49 | |
principal of the primacy of EU law
is a judicial creation recently | 4:13:49 | 4:13:55 | |
codified and no more than that.
However, because we have accepted | 4:13:55 | 4:14:00 | |
the judgments of the European court
under section three of the European | 4:14:00 | 4:14:06 | |
Communities Act, which we are going
to repeal, we are saddled with this, | 4:14:06 | 4:14:09 | |
and that is one of the things we are
going to unshackle. Also, in terms | 4:14:09 | 4:14:15 | |
of interpretation, it is done in the
European court by what is known as | 4:14:15 | 4:14:20 | |
the purposive approach. Of course,
there are many different purposes | 4:14:20 | 4:14:25 | |
which can be in conflict with one
another, and the method of | 4:14:25 | 4:14:28 | |
interpretation which is applied is
anything but satisfactory. I would | 4:14:28 | 4:14:32 | |
say to those who want to advocate
the European court, whether in the | 4:14:32 | 4:14:36 | |
transitional period or in general,
beware what you wish for, because | 4:14:36 | 4:14:41 | |
the actual European court can create
havoc in relation to our trading | 4:14:41 | 4:14:46 | |
arrangements. If the gentleman is so
opposed to the European Court of | 4:14:46 | 4:14:54 | |
Justice, what is his dispute
resolution mechanism than going to | 4:14:54 | 4:14:57 | |
be? Independent States need a
dispute resolution mechanism where | 4:14:57 | 4:15:00 | |
they cede sovereignty. You give some
of your sovereignty, get some of | 4:15:00 | 4:15:05 | |
somebody else's will stop so what is
it going to be? | 4:15:05 | 4:15:09 | |
Will the honourable gentleman | 4:15:09 | 4:15:11 | |
before the honourable gentleman
response, I have been generous in | 4:15:15 | 4:15:18 | |
letting him range over a number of
subject. I would like to gently | 4:15:18 | 4:15:22 | |
remind him there aren't number of
speakers in this debate, so I'm sure | 4:15:22 | 4:15:25 | |
his list is now a little shorter
than it was before in terms of the | 4:15:25 | 4:15:29 | |
European Court of Justice. Test
there are a number of speakers. | 4:15:29 | 4:15:32 | |
On that point, the European court is
seriously deficient in a whole range | 4:15:32 | 4:15:36 | |
of matters, but on the question that
has just been raised, which I would | 4:15:36 | 4:15:42 | |
like to deal with before I sit down,
in fact, the idea has been put | 4:15:42 | 4:15:46 | |
forward by Martin Howard QC, and I
put it forward myself in the house | 4:15:46 | 4:15:52 | |
with regard to a system of
jurisdiction which would be more in | 4:15:52 | 4:15:56 | |
the nature of an arbitration, where
there might for example be retired | 4:15:56 | 4:16:00 | |
European court judges, or for that
matter... Or whatever, who would | 4:16:00 | 4:16:07 | |
then be able to adjudicate, but it
would be on a bilateral basis, not | 4:16:07 | 4:16:11 | |
on the basis of a decision that was
taken by the European court itself. | 4:16:11 | 4:16:15 | |
It is possible to come up with a
solution to this problem, but I | 4:16:15 | 4:16:20 | |
recognise the problem. On that note,
mad and deputy speed, I would simply | 4:16:20 | 4:16:25 | |
say that we are now embarked upon a
massive restoration of | 4:16:25 | 4:16:30 | |
self-government in this country.
This bill is essential to achieve | 4:16:30 | 4:16:34 | |
it, and in my opinion, it should be
passed without any of the obstacles | 4:16:34 | 4:16:39 | |
and frustrating tactics that have
been putting its way. | 4:16:39 | 4:16:41 | |
Yvette Cooper.
Thank you. I want to speak to | 4:16:41 | 4:16:51 | |
amendment 386, which has cross-party
support and which I tabled late last | 4:16:51 | 4:16:53 | |
night. The minister who has just
left... I apologise, no, he is | 4:16:53 | 4:17:02 | |
there. He said in his remarks that
my amendment was somehow introducing | 4:17:02 | 4:17:06 | |
chaos into this process. Now, with
the greatest of respect, to the | 4:17:06 | 4:17:12 | |
minister, after a fortnight in which
the government has seen the Foreign | 4:17:12 | 4:17:16 | |
Secretary, the development
secretary, the former and current | 4:17:16 | 4:17:18 | |
Defence Secretary and the Cabinet
Secretary also assumed in | 4:17:18 | 4:17:22 | |
controversies, I think the
government is doing quite well on | 4:17:22 | 4:17:24 | |
the chaos front without any help
from me. And also, the idea that the | 4:17:24 | 4:17:31 | |
minister could somehow say that it
introduces chaos into the process to | 4:17:31 | 4:17:38 | |
take out the date XXXX it day and
put it in a different bill, when | 4:17:38 | 4:17:42 | |
ministers didn't even want it in any
bill at all, just five days ago, | 4:17:42 | 4:17:48 | |
makes the government's argument look
rather silly. So to talk about the | 4:17:48 | 4:17:55 | |
purpose of what this amendment would
do, it would require Parliament to | 4:17:55 | 4:17:58 | |
vote on the terms of withdrawal
through primary legislation before | 4:17:58 | 4:18:02 | |
Brexit day. It would mean that exit
date in UK law would be set not in | 4:18:02 | 4:18:08 | |
this bill, but in a future bill,
either in the withdrawal agreement | 4:18:08 | 4:18:12 | |
and implementation bill that the
government announced yesterday, or | 4:18:12 | 4:18:16 | |
if there is no deal at all, through
an alternative bill setting out the | 4:18:16 | 4:18:19 | |
terms of departure and presumably
whatever implementation plan would | 4:18:19 | 4:18:25 | |
be needed in those circumstances. So
the focus of the amendment is not to | 4:18:25 | 4:18:31 | |
dispute the government's intentions
about the timing of accident day, it | 4:18:31 | 4:18:34 | |
is simply to ensure that there is a
proper parliamentary, democratic | 4:18:34 | 4:18:38 | |
process before we get to that date.
The central focus is not the date | 4:18:38 | 4:18:43 | |
itself, but a requirement on the
government to do as it has promised | 4:18:43 | 4:18:48 | |
and set out a meaningful vote for
Parliament in advance of that date. | 4:18:48 | 4:18:56 | |
And it also ensures that Parliament
can properly respond, whatever the | 4:18:56 | 4:19:00 | |
outcome of the government's
negotiations might be, rather than | 4:19:00 | 4:19:04 | |
being inadvertently timed out if
things go badly wrong. Yesterday, we | 4:19:04 | 4:19:09 | |
learned from the government that
there would be a second bill | 4:19:09 | 4:19:13 | |
implementing the withdrawal
agreement, and that is welcome, | 4:19:13 | 4:19:16 | |
because it was the subject of other
amendments I had put down, the right | 4:19:16 | 4:19:21 | |
honourable member for Beaconsfield
had put down, because we were | 4:19:21 | 4:19:25 | |
concerned Parliament should not give
the executive a blank check through | 4:19:25 | 4:19:27 | |
this bill on the limitation of
withdrawal bill that has not yet | 4:19:27 | 4:19:30 | |
happened. Rather less welcome was
the government's admission that | 4:19:30 | 4:19:35 | |
further legislation might not
actually happen before Brexit day | 4:19:35 | 4:19:38 | |
itself. Even less welcome was the
Brexit Secretary's admission that | 4:19:38 | 4:19:43 | |
the vote on the withdrawal agreement
itself will simply be a take it or | 4:19:43 | 4:19:47 | |
leave it vote, and that therefore if
the government negotiates a bad deal | 4:19:47 | 4:19:53 | |
with no implementation plan in place
or things go the wrong way, | 4:19:53 | 4:19:57 | |
Parliament simply has too accept it
or choose no deal at all. And | 4:19:57 | 4:20:04 | |
because Brexit day, another
government's proposals, would be | 4:20:04 | 4:20:08 | |
embedded in the primary legislation
through this bill, it would become | 4:20:08 | 4:20:12 | |
legally and constitutionally
possible for ministers to just let | 4:20:12 | 4:20:15 | |
us drift towards accident day
without Parliament being able to | 4:20:15 | 4:20:20 | |
insist on any kind of implementation
preparations or any kind of plan at | 4:20:20 | 4:20:24 | |
all. And that is a concentration of
power in ministers' hands, a | 4:20:24 | 4:20:31 | |
concentration of power in the hands
of the executive that is simply | 4:20:31 | 4:20:34 | |
unacceptable, that no legislature
should never accept, and certainly | 4:20:34 | 4:20:38 | |
not this legislature, certainly not
right now, when we have a hung | 4:20:38 | 4:20:43 | |
parliament that we were given by the
electorate less than six months ago. | 4:20:43 | 4:20:48 | |
And certainly not our Parliament,
for whom the sovereignty of this | 4:20:48 | 4:20:52 | |
Parliament has been such a key issue
throughout the debates on the | 4:20:52 | 4:20:56 | |
referendum. What this amendment does
is strengthen the democratic process | 4:20:56 | 4:21:02 | |
around Brexit. It makes sure that
Parliament actually gets to vote on | 4:21:02 | 4:21:05 | |
the terms of withdrawal, whether
there is a deal or no deal. Before | 4:21:05 | 4:21:09 | |
we get to exit date. It implements
the government's commitments to a | 4:21:09 | 4:21:17 | |
meaningful parliamentary vote. If
all goes to the government's plan | 4:21:17 | 4:21:21 | |
and according to their promises, if
they have the timetable that they | 4:21:21 | 4:21:25 | |
want around transition agreement
being agreed in the early part of | 4:21:25 | 4:21:28 | |
next year, around the withdrawal
agreement being agreed by the | 4:21:28 | 4:21:31 | |
autumn, if all goes to plan and we
get the kind of deal that the | 4:21:31 | 4:21:35 | |
government has promised in terms of
the benefits that it will bring, | 4:21:35 | 4:21:40 | |
then all that this amendment does is
simply hold the government to that, | 4:21:40 | 4:21:45 | |
and it simply implements the
government's intentions and | 4:21:45 | 4:21:47 | |
timetables. But it does hold the
government to what the Brexit | 4:21:47 | 4:21:52 | |
secretary said yesterday it was his
primary plan in terms of the | 4:21:52 | 4:21:56 | |
timetable. It holds ministers to it
on the face of the bill, and it | 4:21:56 | 4:21:59 | |
would prevent the government from
delaying the legislation beyond a | 4:21:59 | 4:22:06 | |
withdrawal date. It links the timing
of exit to the terms of Exeter in | 4:22:06 | 4:22:12 | |
the parliamentary process. -- the
terms of X it. It prevents the | 4:22:12 | 4:22:17 | |
Parliament from getting time-out,
because it gives Parliament the | 4:22:17 | 4:22:19 | |
final say. If the government's plans
go wrong, which I hope they will | 4:22:19 | 4:22:24 | |
not, it also gives Parliament a say
in how the country should respond. | 4:22:24 | 4:22:29 | |
If, for example, we end up with no
deal at all, or run out of time, I | 4:22:29 | 4:22:34 | |
hope that will not happen, but in
those circumstances, if the whole | 4:22:34 | 4:22:37 | |
thing goes belly up, it gives
Parliament a role, allows for a | 4:22:37 | 4:22:42 | |
debate on whether the government
should go back to the negotiating | 4:22:42 | 4:22:45 | |
table or should just walk away. It
allows for a debate about the timing | 4:22:45 | 4:22:49 | |
of Brexit day. It allows Parliament
debates and decide rather than just | 4:22:49 | 4:22:53 | |
bring up our hands and leaving it to
ministers, rather than just ripping | 4:22:53 | 4:22:57 | |
along. Let me give you a specific
example. Let's suppose the | 4:22:57 | 4:23:02 | |
government comes forward with
withdrawal terms which do not | 4:23:02 | 4:23:05 | |
include a security deal. The Home
Secretary has said that is | 4:23:05 | 4:23:10 | |
unthinkable, and like her, I expect
the security deal to be done, as it | 4:23:10 | 4:23:13 | |
is in all of our interests, here and
on the continent. However, the EU | 4:23:13 | 4:23:19 | |
security commissioner has warned,
just because every body agrees that | 4:23:19 | 4:23:21 | |
something is the right thing to do,
doesn't mean it is easy. What if we | 4:23:21 | 4:23:25 | |
get some kind of deal that doesn't
include security deal? Is Parliament | 4:23:25 | 4:23:31 | |
really going to bind its hands now
and let the UK crash out on March 29 | 4:23:31 | 4:23:38 | |
without any kind of arrangements for
security cooperation, so people | 4:23:38 | 4:23:41 | |
literally have to be released from
police custody because you cannot | 4:23:41 | 4:23:45 | |
use the arrest warrant? Or without
an aviation deal, so that claims | 4:23:45 | 4:23:50 | |
literally have to be stuck on the
ground? I do not expect that to | 4:23:50 | 4:23:54 | |
happen. But I'll is an that it is
not impossible. | 4:23:54 | 4:24:00 | |
If it does happen, I want the chance
to argue for urgent action to make | 4:24:00 | 4:24:04 | |
sure that we don't, to make sure
that we have an urgent contingency | 4:24:04 | 4:24:08 | |
plan, to make sure action is taken
to protect our security and keep our | 4:24:08 | 4:24:13 | |
country safe. It's a very important
point. She heard with me this | 4:24:13 | 4:24:19 | |
morning the Mayor of London setting
out very clearly the implications of | 4:24:19 | 4:24:23 | |
not having a security treaty in
place for safety of London, let | 4:24:23 | 4:24:26 | |
alone the rest of the country. I
would agree with appointees making. | 4:24:26 | 4:24:32 | |
That was the evidence that we heard
and Parliament itself has a | 4:24:32 | 4:24:36 | |
responsibility to contingency plan.
Whatever it is we hope might happen | 4:24:36 | 4:24:40 | |
over the course of the next 12
months, we have a responsibility to | 4:24:40 | 4:24:44 | |
make sure we have the plans in place
for every eventuality and that | 4:24:44 | 4:24:49 | |
Parliament can take some
responsibility in responding. Right | 4:24:49 | 4:24:54 | |
now, with the government's
amendments put in and without my | 4:24:54 | 4:24:58 | |
amendment, it would theoretically be
possible for us to just drift | 4:24:58 | 4:25:01 | |
towards exit day without any
substantive opportunity for | 4:25:01 | 4:25:05 | |
Parliament to step in. Maybe to
amend the Bill on the withdrawal | 4:25:05 | 4:25:09 | |
terms, to require the government
changes plan, maybe to negotiate | 4:25:09 | 4:25:15 | |
some more. That would be up to us in
Parliament to decide, but we won't | 4:25:15 | 4:25:19 | |
get the chance to decide on the
current plan of the government. I'm | 4:25:19 | 4:25:23 | |
sure she will have noticed the
sensible comments by the policy | 4:25:23 | 4:25:29 | |
resources chairman of the City of
London Corporation that whilst an | 4:25:29 | 4:25:33 | |
orderly Brexit might not be the
desired outcome that she and I would | 4:25:33 | 4:25:38 | |
have, and orderly Brexit with proper
transitions is manageable flower | 4:25:38 | 4:25:43 | |
financial services sector. But a
disorderly one, one which for | 4:25:43 | 4:25:48 | |
example was a result of our
inability to extend negotiations for | 4:25:48 | 4:25:51 | |
a short period if need be would be a
disaster for this country and is | 4:25:51 | 4:25:56 | |
regarded as being on the same level
by some firms as the threat to cyber | 4:25:56 | 4:26:00 | |
security. On that basis isn't it
foolish for the government to put | 4:26:00 | 4:26:07 | |
alleviate on the face of the Bill. I
share the concerns of the honourable | 4:26:07 | 4:26:12 | |
member, a fellow select committee
chair. We've both heard evidence | 4:26:12 | 4:26:17 | |
around the concerns for Security and
of the wider issues. I share with | 4:26:17 | 4:26:21 | |
him to my personal views about the
importance of having a transition | 4:26:21 | 4:26:25 | |
period. The importance of a smooth
process in place. To be honest, | 4:26:25 | 4:26:30 | |
whatever our member's views are,
whatever views are and whether there | 4:26:30 | 4:26:35 | |
should be a transition, or they
shouldn't, how we should respond to | 4:26:35 | 4:26:39 | |
different negotiating outcomes, it
should still come back to Parliament | 4:26:39 | 4:26:43 | |
to debate and decide before we reach
exit day and not after. That is what | 4:26:43 | 4:26:49 | |
Parliament should be about, that is
what Parliament should be for. The | 4:26:49 | 4:26:54 | |
government were irresponsible not to
give Parliament the opportunity to | 4:26:54 | 4:26:57 | |
debate and to take a view on the
terms and on the timing once those | 4:26:57 | 4:27:02 | |
are agreed. There is actually a
common in what the ministers said | 4:27:02 | 4:27:07 | |
earlier. -- a con. Led the
government does recognise there may | 4:27:07 | 4:27:15 | |
be circumstances in which exit day
has to be changed. The Minister said | 4:27:15 | 4:27:20 | |
that clause 17 wouldn't apply, that
somehow this wouldn't allow the | 4:27:20 | 4:27:25 | |
government to change the exit day
through regulations after it had | 4:27:25 | 4:27:28 | |
been passed through the Bill. That's
not the advice I've had. It's not | 4:27:28 | 4:27:32 | |
the advice of the House of Commons
library gave me. The combination of | 4:27:32 | 4:27:38 | |
clause nine and amendment 383 would
still allow ministers to change exit | 4:27:38 | 4:27:45 | |
day if it so chooses, and if it
thinks it is appropriate. That is | 4:27:45 | 4:27:50 | |
the impact of the Henry VIII powers
we have. We understand, ministers in | 4:27:50 | 4:27:56 | |
fact may want to have the provision
to be able to come back and say exit | 4:27:56 | 4:28:01 | |
day needs to change because we've
reached the 11th hour. Because the | 4:28:01 | 4:28:06 | |
negotiations may need to be extended
by an extra month, or the process | 4:28:06 | 4:28:09 | |
may need to be changed. Ministers
have kept that power in the Bill for | 4:28:09 | 4:28:15 | |
themselves. But why should the power
just be reserved for ministers? Why | 4:28:15 | 4:28:20 | |
can't Parliament have that power to?
I think that is the floor at the | 4:28:20 | 4:28:24 | |
heart of their bills. If an
unforeseen or difficult | 4:28:24 | 4:28:29 | |
circumstances, ministers need to
change the timetable they can. But | 4:28:29 | 4:28:34 | |
Parliament will have no choice, no
say and no ability to do so. Does | 4:28:34 | 4:28:40 | |
the honourable lady agree that if
Parliament does have that | 4:28:40 | 4:28:44 | |
opportunity it would be taking back
control. It would be returning | 4:28:44 | 4:28:48 | |
sovereignty, and it would be
returning sovereignty not to the | 4:28:48 | 4:28:53 | |
executive but to this House. I think
she is right. We've had all of these | 4:28:53 | 4:29:00 | |
debates about taking back control,
Parliamentary 70, yet somehow the | 4:29:00 | 4:29:04 | |
ministers seem to want to rip that
up. What they are trying to do is | 4:29:04 | 4:29:08 | |
concentrate huge amounts of power in
the hands of ministers rather than | 4:29:08 | 4:29:11 | |
giving the whole of Parliament a
save. I think ministers have to stop | 4:29:11 | 4:29:16 | |
infantilising Parliament and
treating it as if it is the enemy. | 4:29:16 | 4:29:20 | |
The truth is, the sky didn't fall in
because Parliament had a vote on | 4:29:20 | 4:29:25 | |
Article 50. They told us the whole
process would be stopped, it didn't. | 4:29:25 | 4:29:31 | |
Each and every one of us understands
that we have obligations and | 4:29:31 | 4:29:36 | |
responsibilities towards the
referendum result, just as we have | 4:29:36 | 4:29:41 | |
obligations and responsibilities
towards the negotiation process that | 4:29:41 | 4:29:43 | |
the government has to conduct on our
behalf, and we cannot directly | 4:29:43 | 4:29:47 | |
conduct for it. We know that we have
those different responsibilities and | 4:29:47 | 4:29:52 | |
we know that we have to take mature
and responsible decisions, given the | 4:29:52 | 4:29:57 | |
complexity of the situation that
every single one of us is faced | 4:29:57 | 4:30:00 | |
with. We don't think those decisions
should be entirely in the hands of | 4:30:00 | 4:30:05 | |
ministers. We think the whole of
Parliament should have a say on | 4:30:05 | 4:30:10 | |
something so important. I thank you
for giving way. She's making an | 4:30:10 | 4:30:16 | |
incredibly powerful speech and
argument. Would she not also agree | 4:30:16 | 4:30:19 | |
with me that to have the vote and
support of Parliament behind the | 4:30:19 | 4:30:25 | |
government and the action it takes
would also strengthen its hand in | 4:30:25 | 4:30:29 | |
relation to negotiations in the
European Union? I do agree with | 4:30:29 | 4:30:34 | |
that, because I think credit should
be about the whole of Parliament. As | 4:30:34 | 4:30:40 | |
Parliament did when we had the
Article 50 debate. We know it's | 4:30:40 | 4:30:44 | |
complex, it is our job and our
responsibility in a democracy to | 4:30:44 | 4:30:48 | |
deal with that complexity, not to
just abdicate our responsibility, | 4:30:48 | 4:30:53 | |
and to hand it over to ministers
because somehow it's too difficult | 4:30:53 | 4:30:57 | |
for us in Parliament to deal with.
Of course it isn't, of course we are | 4:30:57 | 4:31:02 | |
capable of dealing with the complex
situation we face. Does she also | 4:31:02 | 4:31:07 | |
agree with me that in having the
debate, which we haven't had, we | 4:31:07 | 4:31:13 | |
simply haven't had them, but of
course is not lost on the European | 4:31:13 | 4:31:17 | |
Union but it's also not lost on the
people of this country. If we had | 4:31:17 | 4:31:22 | |
those debates and we actually had a
real say in what Brexit was going to | 4:31:22 | 4:31:26 | |
look like, we would begin to form a
consensus and would begin to bring | 4:31:26 | 4:31:31 | |
people right across the UK together
in getting that good deal and | 4:31:31 | 4:31:40 | |
reuniting so many divided
communities, families and friends. I | 4:31:40 | 4:31:44 | |
do agree with the honourable member,
because the truth is that the plans | 4:31:44 | 4:31:49 | |
that our Brexit future have to be
sustainable. They have to come and | 4:31:49 | 4:31:54 | |
consent. They will have implications
for very many decades to come. They | 4:31:54 | 4:31:58 | |
have to give us the chance to heal
the Brexit divide across the country | 4:31:58 | 4:32:03 | |
from the referendum. They have to
give Parliament the chance to debate | 4:32:03 | 4:32:06 | |
the details, to have that proper
honest debate about what that will | 4:32:06 | 4:32:10 | |
mean across the country. Would she
agree that perhaps if things had | 4:32:10 | 4:32:17 | |
gone differently in last week 's
debate, where the information had | 4:32:17 | 4:32:21 | |
been laid before the House, and that
the motions might not be running so | 4:32:21 | 4:32:26 | |
high -- emotions might not be
running so high? We need more | 4:32:26 | 4:32:30 | |
transparency. I want to draw my
remarks to a close now. This | 4:32:30 | 4:32:35 | |
amendment gives Parliament the
opportunity to take back control. | 4:32:35 | 4:32:40 | |
The honourable member for Stone said
he wants us to debate in this House | 4:32:40 | 4:32:49 | |
how we are governed. Don't
concentrate power in the hands of | 4:32:49 | 4:32:52 | |
ministers. At a time when we have
seen democratic values and | 4:32:52 | 4:32:57 | |
democratic institutions undermined
and under threat across the world, | 4:32:57 | 4:33:00 | |
we have a greater responsibility to
ensure there is a proper democratic | 4:33:00 | 4:33:05 | |
process and we follow our
obligations that come with the | 4:33:05 | 4:33:11 | |
Parliamentary oath that we took. So
much of the debate that we had in | 4:33:11 | 4:33:15 | |
the referendum was about
Parliamentary sovereignty. What this | 4:33:15 | 4:33:19 | |
amendment does is make that real.
Dominic Grieve. | 4:33:19 | 4:33:25 | |
It's a great pleasure to follow the
right honourable lady in this | 4:33:29 | 4:33:32 | |
debate. Particularly as the matters
on which I wish to touch concern her | 4:33:32 | 4:33:36 | |
amendments. I hope the House will
forgive me if I start briefly with | 4:33:36 | 4:33:41 | |
the opening remarks of the
honourable member for Birkenhead. I | 4:33:41 | 4:33:46 | |
hope you'll forgive me and I'm sorry
if he's not in his place but I hope | 4:33:46 | 4:33:50 | |
you'll forgive me if I say that the
words he articulated were ones I | 4:33:50 | 4:33:54 | |
could fully understand and
appreciate, I've heard them often | 4:33:54 | 4:34:01 | |
enough from right-thinking people
who want the best from our country. | 4:34:01 | 4:34:04 | |
They also contained with them
simplicity. Those simplicities do | 4:34:04 | 4:34:11 | |
not match the problems this House
faces in disentangling our | 4:34:11 | 4:34:18 | |
relationship from the European
Union. This has been an issue that | 4:34:18 | 4:34:22 | |
has bedevilled the entire debate on
Brexit and Remain, and is one of the | 4:34:22 | 4:34:30 | |
reasons we find ourselves where we
are today. I happen to believe that | 4:34:30 | 4:34:34 | |
what we did last year was a great
and historic error. I can't help it, | 4:34:34 | 4:34:39 | |
nothing that has happened since is
going to alter my view. But I also | 4:34:39 | 4:34:44 | |
recognise my responsibility as a
member of Parliament to try to give | 4:34:44 | 4:34:48 | |
effect to what the public asked for
in their response to that | 4:34:48 | 4:34:52 | |
referendum. In doing so, I am
certainly not willing to suspend my | 4:34:52 | 4:34:58 | |
own judgment, particularly when I
have to witness what I see as an | 4:34:58 | 4:35:04 | |
extraordinarily painful process of
national self mutilation which I am | 4:35:04 | 4:35:09 | |
required to facilitate. I can't
escape that, that's what I feel. I'm | 4:35:09 | 4:35:13 | |
not going to abandon that because
I'm ordered to do so by anybody | 4:35:13 | 4:35:17 | |
else. With that in mind, I have to
say to the honourable member for | 4:35:17 | 4:35:25 | |
Birkenhead that what he's asking for
is the desire perhaps of many people | 4:35:25 | 4:35:30 | |
in this country which is to go to
bed at night and wake up and find | 4:35:30 | 4:35:34 | |
the whole being is over and done
with. Unfortunately it's not going | 4:35:34 | 4:35:37 | |
to be over and done with for a very
long time. The problem we have in | 4:35:37 | 4:35:42 | |
this Bill on which we have to focus
is how we tried to take this risky, | 4:35:42 | 4:35:49 | |
dangerous, for our economy, for our
national security, our national | 4:35:49 | 4:35:55 | |
well-being, difficult and dangerous
process to a reasonable outcome. | 4:35:55 | 4:36:01 | |
Bear with me one moment and I'll
give way. That is the challenge | 4:36:01 | 4:36:05 | |
we've got. In doing that, Parliament
cannot simply abdicate its | 4:36:05 | 4:36:13 | |
responsibility to the executive. Of
course the executive has to get on | 4:36:13 | 4:36:16 | |
with the business of complex
negotiations. But Parliament is | 4:36:16 | 4:36:20 | |
entitled to take a check on this at
every conceivable stage. The problem | 4:36:20 | 4:36:27 | |
is, as the difficulties have piled
up and frankly in my view the | 4:36:27 | 4:36:31 | |
difficulties were predictable and
predicted, the tendency has been, | 4:36:31 | 4:36:36 | |
and I have to say this to my
honourable friends on the Treasury | 4:36:36 | 4:36:41 | |
bench, is that everybody has got
more and more brittle, more and more | 4:36:41 | 4:36:48 | |
unwilling to listen, more and more
persuaded that every suggestion is a | 4:36:48 | 4:36:53 | |
form of treason, and finally
culminating last Friday with a mad | 4:36:53 | 4:37:01 | |
amendment, table I believe actually
without any collective | 4:37:01 | 4:37:03 | |
decision-making in government at
all, and accompanied by | 4:37:03 | 4:37:09 | |
bloodcurdling threats that anybody
who might stand in its way was in | 4:37:09 | 4:37:13 | |
some way betraying the country's
destiny and mission. | 4:37:13 | 4:37:19 | |
And I am afraid I am just not
prepared to go along with that. I | 4:37:19 | 4:37:22 | |
will give way.
I thank him for giving way, and then | 4:37:22 | 4:37:26 | |
I welcome his amendments, to get
through the Alistair the looking | 4:37:26 | 4:37:32 | |
glass absurdity of different Exeter
St David's were different purposes. | 4:37:32 | 4:37:35 | |
-- Alice Through The Looking Glass.
All His amendments are eminently | 4:37:35 | 4:37:42 | |
sensible. The right Honourable
member has a ready describe very | 4:37:42 | 4:37:45 | |
entertaining reasons for a bill that
allowed ministers to name different | 4:37:45 | 4:37:53 | |
days to one that named a specific
time. That was a sop to the denizens | 4:37:53 | 4:37:57 | |
of what he called the rear fourth
gallery under the balcony. But have | 4:37:57 | 4:38:01 | |
the right honour member reflected on
what such a fundamental change | 4:38:01 | 4:38:06 | |
signals to our partners in the EU as
to how serious we are and how | 4:38:06 | 4:38:10 | |
carefully we have thought this
context processed through? | 4:38:10 | 4:38:16 | |
There is no doubt that some of the
problems that we have are | 4:38:16 | 4:38:20 | |
undoubtedly not going to be helpful,
I think, in our negotiation. | 4:38:20 | 4:38:24 | |
Equally, it is right to say that the
more we can have mature, sensible | 4:38:24 | 4:38:29 | |
and considered debate in this house,
I would have thought the more our | 4:38:29 | 4:38:32 | |
ability to negotiate with our EU
partners is improved. As far as I am | 4:38:32 | 4:38:37 | |
concerned, I have tabled a number of
amendments. Like all amendments, | 4:38:37 | 4:38:40 | |
some are multiple choice. We don't
have to do this in this house. This | 4:38:40 | 4:38:47 | |
is how we actually go about looking
and examining legislation. Some are | 4:38:47 | 4:38:50 | |
probing amendments. Some in my view
more important others. The one | 4:38:50 | 4:38:55 | |
highlighted by the honourable
gentleman is indeed the fact that | 4:38:55 | 4:38:59 | |
the government did not explain it
wanted to have multiple exit dates. | 4:38:59 | 4:39:04 | |
I wanted to tease out what that was
four and suggest that perhaps one | 4:39:04 | 4:39:07 | |
exit date might be better because of
the consequences and using Henry | 4:39:07 | 4:39:11 | |
VIII powers thereafter. There might
even be a justification for doing | 4:39:11 | 4:39:14 | |
what the government is doing. So all
that needs to be worked through in | 4:39:14 | 4:39:18 | |
this legislation, and that is what I
have sought to do, and if I may say | 4:39:18 | 4:39:22 | |
to my friends on the Treasury bench,
in the course of the last few weeks, | 4:39:22 | 4:39:27 | |
we have had some really sensible,
constructive discussions on some of | 4:39:27 | 4:39:31 | |
the areas of the amendments which I
have presented. I hope very much we | 4:39:31 | 4:39:36 | |
can achieve some degree of
consensus, in which case, some of | 4:39:36 | 4:39:40 | |
these amendments may not be
required, whether it is the triage, | 4:39:40 | 4:39:43 | |
whether it is the way we treat
retained EU law. I don't wish to get | 4:39:43 | 4:39:49 | |
diverted into that. We will come
back to it at this bill goes | 4:39:49 | 4:39:52 | |
through. The trouble is, and I
repeat this, all this gets marred | 4:39:52 | 4:39:58 | |
when you get events like last
Friday, and you get these | 4:39:58 | 4:40:03 | |
extraordinary amendments suddenly
magic out of the blue Ridge simply | 4:40:03 | 4:40:05 | |
do not make any sense. And I might
add, the other problem which comes, | 4:40:05 | 4:40:14 | |
when I read the amendments and the
consequentials, which I must say, I | 4:40:14 | 4:40:19 | |
only saw this morning, one of the
consequentials that has already been | 4:40:19 | 4:40:22 | |
highlighted seems to me to totally
undermine the purpose of the main | 4:40:22 | 4:40:26 | |
amendment to the point where the
conspiracy theorist in me maybe | 4:40:26 | 4:40:29 | |
thought it was a sort of double
deceit, double bluff, that it was | 4:40:29 | 4:40:33 | |
intended in some way to give the
impression to some of my honourable | 4:40:33 | 4:40:37 | |
friends, who really worry about
this, that they were being offered | 4:40:37 | 4:40:39 | |
this stone tablet of our departure,
but in fact, it was teasingly | 4:40:39 | 4:40:44 | |
capable of being shifted. My
honourable friend the Solicitor | 4:40:44 | 4:40:49 | |
General sent me a text earlier
saying I am mistaken about this, | 4:40:49 | 4:40:52 | |
that it was not the intention, it
was the very reverse. I have to say, | 4:40:52 | 4:40:57 | |
these are one of those matters
where, I am not a parliamentary | 4:40:57 | 4:41:03 | |
draughtsman, and I certainly know
that there are always different ways | 4:41:03 | 4:41:06 | |
in which you can read and amendments
to a statute. But I remain of the | 4:41:06 | 4:41:11 | |
view that it is very peculiar
wording indeed, if the intention is | 4:41:11 | 4:41:16 | |
to exclude the possibility of
playing around with the except date, | 4:41:16 | 4:41:20 | |
which is being offered as this
talisman. -- the except date. I must | 4:41:20 | 4:41:25 | |
say, I did not really begin to
wonder whether or not the | 4:41:25 | 4:41:28 | |
parliamentary draughtsman was so
appalled at the folly of what the | 4:41:28 | 4:41:32 | |
government was doing that here had
sneakily altered this clause to try | 4:41:32 | 4:41:38 | |
to offer them a lifeline in case
they came to regret what they had | 4:41:38 | 4:41:42 | |
done! But I'm sure that is being
very unfair to the parliamentary | 4:41:42 | 4:41:51 | |
draughtsman, who, I know, always
does what is requested of him or | 4:41:51 | 4:41:54 | |
her. I will give way. Isn't the
tendency of any government, | 4:41:54 | 4:41:59 | |
specially when it has a major
project on its hands such as this, | 4:41:59 | 4:42:02 | |
to try to manage the project and try
to manage Parliament? But has he | 4:42:02 | 4:42:08 | |
discovered over recent weeks, the
truth of the matter is, in this | 4:42:08 | 4:42:12 | |
House, there is a consensus. It
embraces all of these benches, a | 4:42:12 | 4:42:17 | |
significant number of the
backbenchers on that side, and | 4:42:17 | 4:42:20 | |
actually, half the government. I can
see at least three, possibly four | 4:42:20 | 4:42:24 | |
government ministers on the front
bench now who would be signing up to | 4:42:24 | 4:42:27 | |
his amendments. Would be far more
rational for the governments in the | 4:42:27 | 4:42:31 | |
to calm down about this process and
try to establish a consensus that | 4:42:31 | 4:42:36 | |
can carry the country forward?
Iron doors what the honourable | 4:42:36 | 4:42:43 | |
gentleman says, and that's precisely
what I wanted to start suggesting | 4:42:43 | 4:42:46 | |
the front bench. It seems to me
there are a number of key areas in | 4:42:46 | 4:42:53 | |
this debate this afternoon. The
first is the recognition, belated, | 4:42:53 | 4:42:57 | |
but I am grateful for it
nonetheless, that leaving the EU | 4:42:57 | 4:43:01 | |
requires statutory authority from
this house to make it part of the | 4:43:01 | 4:43:04 | |
rule of law of our land. It is a
very important principle. Indeed, I | 4:43:04 | 4:43:11 | |
begin to detect that the government
also recognises at some point in the | 4:43:11 | 4:43:15 | |
future, if we get beyond transition,
we will probably need another | 4:43:15 | 4:43:18 | |
statute to alter the law of our land
for any final agreement that we have | 4:43:18 | 4:43:21 | |
with our EU partners. And we are
going to have to take it in a | 4:43:21 | 4:43:28 | |
measured way, and the government is
going to have to accept that | 4:43:28 | 4:43:31 | |
parliament being sovereign, must at
the end of the day, have the ability | 4:43:31 | 4:43:37 | |
to support or reject this. There is
no way around it. Of course, we can | 4:43:37 | 4:43:42 | |
have hypothetical questions about,
well, there might be nothing to | 4:43:42 | 4:43:44 | |
reject because we might be falling
out of the EU with no agreement. | 4:43:44 | 4:43:48 | |
Indeed, yes. But we will discover
that when the time comes. In the | 4:43:48 | 4:43:53 | |
meantime, the government should get
on with his negotiation, and we can | 4:43:53 | 4:43:56 | |
continue scrutinising them about
that, and at the end, we want a | 4:43:56 | 4:44:00 | |
statute. And that statute, and I
think it has been acknowledged by | 4:44:00 | 4:44:03 | |
the Right or gentleman and that
member for whole Tim Price and | 4:44:03 | 4:44:06 | |
Howden, has got to come, obviously,
before we leave. -- Holton price. | 4:44:06 | 4:44:14 | |
That brings one to a critical issue
in this debate. The best point made | 4:44:16 | 4:44:21 | |
by the Right Honourable gentleman
yesterday, and I will be questioning | 4:44:21 | 4:44:28 | |
him, was whereas moving into a
transition is a qualified decision, | 4:44:28 | 4:44:33 | |
actually getting extension, for
example, to Article 50, requires | 4:44:33 | 4:44:35 | |
unanimity. So the government may be
dealing with legitimate anxiety that | 4:44:35 | 4:44:40 | |
there could be circumstances where
the whole thing running up to the | 4:44:40 | 4:44:47 | |
wire, it could be in difficulty
implementing by statute. I | 4:44:47 | 4:44:53 | |
personally think this seems
inherently implausible, because on | 4:44:53 | 4:44:56 | |
the face of it, if our parliaments
agree a deal with this, why they | 4:44:56 | 4:44:59 | |
should then turn around and talk
about perfidious Albion, and we'd | 4:44:59 | 4:45:03 | |
probably think they are all sort of
garlic eaters, but on the whole, I | 4:45:03 | 4:45:07 | |
can't really see why, at the end of
the day, if they want to do a deal | 4:45:07 | 4:45:12 | |
with us, they should decide to pull
the rug from under our feet in such | 4:45:12 | 4:45:16 | |
an extraordinary fashion in order to
tell us that we can't have an | 4:45:16 | 4:45:20 | |
extension to article 54 the
necessary two or three months to | 4:45:20 | 4:45:23 | |
take through our statutory processes
while, of course, they have to take | 4:45:23 | 4:45:28 | |
their processes to the EU parliament
as well. I will give way. I am | 4:45:28 | 4:45:33 | |
grateful for him giving way. Was he
alarmed yesterday as I was when I | 4:45:33 | 4:45:38 | |
asked the honourable member, the
Secretary of State, that given the | 4:45:38 | 4:45:43 | |
Prime Minister had asked in
September for this extension, six | 4:45:43 | 4:45:46 | |
months after she trickled Article
50, this to a three-month extension, | 4:45:46 | 4:45:50 | |
he did not have any clue when the EU
27 might agree? I know a number of | 4:45:50 | 4:45:55 | |
the media think this is
automatically coming, but there is | 4:45:55 | 4:45:57 | |
no guarantee as we speak. Would he
find that alarming that the EU might | 4:45:57 | 4:46:01 | |
indeed find itself out because of
his own actions and marched? -- in | 4:46:01 | 4:46:06 | |
March. There are massive
uncertainties in this, and I don't | 4:46:06 | 4:46:11 | |
want to pile gloom and the Treasury
bench. All I would say is, there are | 4:46:11 | 4:46:18 | |
risks, and the government has got an
important point on this. But if that | 4:46:18 | 4:46:21 | |
is the case, the proper dialogue
that should be taking place between | 4:46:21 | 4:46:27 | |
the Treasury bench and the house is
how we craft and alter this | 4:46:27 | 4:46:30 | |
legislation, both to emphasise the
statutory processes that are going | 4:46:30 | 4:46:36 | |
to be followed, and to make sure
that the only circumstances in which | 4:46:36 | 4:46:40 | |
they are not followed and Clause
nine has to be used as an example, | 4:46:40 | 4:46:47 | |
is where in fact, it would be
impossible to get an Article 50 | 4:46:47 | 4:46:52 | |
extension to enable the statutory
process to take place before we go. | 4:46:52 | 4:46:57 | |
If we start doing that, then if I
may beg the suggestion, we are going | 4:46:57 | 4:47:02 | |
to start talking sense and this has
rather than ending up where we have | 4:47:02 | 4:47:05 | |
been in the last three days, which
is talking polemical nonsense. I | 4:47:05 | 4:47:09 | |
give way.
I am very grateful. When | 4:47:09 | 4:47:16 | |
Czechoslovakia decided to form two
countries with two governments, a | 4:47:16 | 4:47:19 | |
very complicated task, it took six
months' planning and was implemented | 4:47:19 | 4:47:24 | |
over a weekend. Why does my right
honourable friend think that the 16 | 4:47:24 | 4:47:28 | |
months that remains is not enough to
reach an agreement or to reach the | 4:47:28 | 4:47:33 | |
sad conclusion that an agreement is
not possible in the mutual interests | 4:47:33 | 4:47:36 | |
of both sides at, and do all that in
an orderly way? Surely 16 months is | 4:47:36 | 4:47:43 | |
more than enough time to sort this
out. | 4:47:43 | 4:47:48 | |
I can't help the fact that the
reality is, we entered into a | 4:47:48 | 4:47:52 | |
partnership which now includes 27
other member states. And you know, | 4:47:52 | 4:47:56 | |
you can't just magic that away.
They'll have their interests, and | 4:47:56 | 4:47:59 | |
they are all going to have to be
taken into consideration at the end. | 4:47:59 | 4:48:03 | |
As we have seen with trade
agreements reached with the EU and | 4:48:03 | 4:48:06 | |
other states, they take time.
Indeed, I have to say, I think my | 4:48:06 | 4:48:11 | |
right honourable friend and some
friends on the side of the house are | 4:48:11 | 4:48:14 | |
frankly delusional in the belief of
the speed with which these wonderful | 4:48:14 | 4:48:18 | |
new trade agreements are going to be
concluded with third countries once | 4:48:18 | 4:48:22 | |
we leave the EU. The main anxiety I
have that topic is that there are | 4:48:22 | 4:48:27 | |
759 external treaties which come
throughout membership of the EU, | 4:48:27 | 4:48:33 | |
which we are in danger of losing via
the amendment 381, tabled by the | 4:48:33 | 4:48:40 | |
government in respect to putting a
written in stone date on when we | 4:48:40 | 4:48:47 | |
have to leave, and that is what
should be worrying us just as much | 4:48:47 | 4:48:51 | |
as any other aspect of leaving the
EU. I give way. I am grateful for | 4:48:51 | 4:48:57 | |
him giving way on that specific
point. Isn't the real ludicrousness | 4:48:57 | 4:49:02 | |
of amendment 381 that it is
unenforceable, and that there is no | 4:49:02 | 4:49:05 | |
punishment if that law is actually
broken? As a former Attorney | 4:49:05 | 4:49:09 | |
General, could he just say what is
the point of having a law for which | 4:49:09 | 4:49:12 | |
if the data is extended or broken,
there is absolutely no consequence, | 4:49:12 | 4:49:18 | |
and the minister will not be sent to
prison for breaking it? It is a | 4:49:18 | 4:49:21 | |
worthless political gesture.
I hope the honourable gentleman | 4:49:21 | 4:49:26 | |
would forgive me, but I don't think
I entirely agree with him. If this | 4:49:26 | 4:49:30 | |
stays on the statute book, the
consequences that at 11pm on March | 4:49:30 | 4:49:36 | |
29, even though the agreements and
transitional arrangements and | 4:49:36 | 4:49:39 | |
everything else have not been worked
out, we would drop out of the EU, | 4:49:39 | 4:49:44 | |
potentially, into the void which so
much of this legislation is | 4:49:44 | 4:49:47 | |
apparently designed to present. And
all the benefits possible benefits | 4:49:47 | 4:49:51 | |
of continuing transition would not
be available, so I do think it | 4:49:51 | 4:49:55 | |
actually matters very much indeed.
And so that brings me, and I do not | 4:49:55 | 4:50:01 | |
want to take up the house's time, to
this famous point from this | 4:50:01 | 4:50:05 | |
amendment, 381. Sprung on the house,
sprung on the Conservative Party, | 4:50:05 | 4:50:10 | |
certainly sprung on me after weeks
of talking generally to my | 4:50:10 | 4:50:14 | |
ministerial colleagues and trying to
find a sensible way through, which I | 4:50:14 | 4:50:18 | |
continue to want to do. And suddenly
landed on us as being diktat. It is | 4:50:18 | 4:50:26 | |
simply unacceptable become, because
what it does is cast doubt upon the | 4:50:26 | 4:50:39 | |
government's own ability, and makes
me cast doubt on their confidence. | 4:50:39 | 4:50:42 | |
Prevents the house from being able
to exercise its scrutiny role | 4:50:42 | 4:50:45 | |
properly, to the extent that it is
almost invitation to run into the | 4:50:45 | 4:50:50 | |
buffers. And while I do not believe
this is what the government wants to | 4:50:50 | 4:50:53 | |
do, certainly appears to play into
the hands of those who seem to be so | 4:50:53 | 4:50:56 | |
eager that we should leave the EU
and absolutely no agreement | 4:50:56 | 4:50:59 | |
whatsoever. I seriously worry that I
go to audiences of the kind that | 4:50:59 | 4:51:06 | |
seem to extol the virtues of some of
my colleagues on the side of the | 4:51:06 | 4:51:09 | |
house, and I am told that only a
departure from the EU without any | 4:51:09 | 4:51:13 | |
agreement at all can detoxify us of
the taint of our participation, the | 4:51:13 | 4:51:18 | |
very words that were used to be a
big Conservative Party conference. | 4:51:18 | 4:51:24 | |
-- used to me at the Conservative
Party conference. I think the | 4:51:24 | 4:51:28 | |
individuals who are saying these
things are utterly misguided, do not | 4:51:28 | 4:51:33 | |
understand how a parliamentary
democracy nor an international | 4:51:33 | 4:51:35 | |
community operates, and whatever
their grievances may be, they are | 4:51:35 | 4:51:39 | |
the people to whom we have to
sensibly articulate an alternative | 4:51:39 | 4:51:42 | |
approach. And so for that reason,
what I would urge, I really pleased | 4:51:42 | 4:51:50 | |
that amendment 381 does not have to
be put to the vote and cannot be | 4:51:50 | 4:51:55 | |
this afternoon, because I have to
say to my honourable and right | 4:51:55 | 4:51:58 | |
honourable friend, I will vote
against it. Now ifs, no buts, no | 4:51:58 | 4:52:05 | |
maybes about this, no arm-twisting,
nothing that can be done to me in | 4:52:05 | 4:52:09 | |
the intervening period. It is
unacceptable, and I will not vote | 4:52:09 | 4:52:13 | |
for it. I will not vote for it if I
am the only person to go through the | 4:52:13 | 4:52:18 | |
lobby to vote against it. | 4:52:18 | 4:52:21 | |
So, the sensible thing is for them
to go away, have several cups of | 4:52:26 | 4:52:31 | |
tea, think again, continue talking
to me about all those other sensible | 4:52:31 | 4:52:34 | |
things we have been talking about
and where we are likely to reach | 4:52:34 | 4:52:38 | |
agreement, and just focus for a
moment on where I think there is | 4:52:38 | 4:52:42 | |
unanimity in this house about how we
should proceed. A recognition of the | 4:52:42 | 4:52:49 | |
government's problem. I should go
away and try to craft an amendment | 4:52:49 | 4:52:53 | |
myself as an alternative to my
amendment number seven. See if I can | 4:52:53 | 4:52:58 | |
do something that enables the
government to have that backstop, | 4:52:58 | 4:53:02 | |
but at the same time, ensure that
that backstop cannot be used under | 4:53:02 | 4:53:06 | |
any other circumstances than article
15 not being extendable, which is | 4:53:06 | 4:53:12 | |
the obvious way of resolving this
problem and not these barmy sort of | 4:53:12 | 4:53:16 | |
cut-off dates and insistence on some
magical formula to which we all have | 4:53:16 | 4:53:25 | |
too subscribed and bow down to. I
will not do so, the government wants | 4:53:25 | 4:53:30 | |
my support, it will have it in
spades. If we just get on with | 4:53:30 | 4:53:35 | |
focusing on how we can carry out
this difficult and frankly dangerous | 4:53:35 | 4:53:38 | |
task, sensibly and in the national
interest. | 4:53:38 | 4:53:46 | |
I remind the House what Dame Rosie
said earlier. There are a long list | 4:53:46 | 4:53:52 | |
of colleagues still waiting to
speak. So unless we have brief | 4:53:52 | 4:53:58 | |
contributions, many colleagues would
be disappointed because the first | 4:53:58 | 4:54:02 | |
votes come at 6:51pm. | 4:54:02 | 4:54:12 | |
This amendment would require the UK
Government to gain the consent of | 4:54:16 | 4:54:21 | |
the devolved parliaments and
assemblies before it revealed the | 4:54:21 | 4:54:26 | |
European act 1972. It would require
proper consideration, consistence | 4:54:26 | 4:54:31 | |
with constitutional settlements
within these islands. For the Prime | 4:54:31 | 4:54:35 | |
Minister have all four parts of the
UK in agreement before the European | 4:54:35 | 4:54:39 | |
Union Withdrawal Bill could come
into force. The civil convention | 4:54:39 | 4:54:52 | |
requires it would not normally do so
without the consent of the devolved | 4:54:52 | 4:54:57 | |
legislature. | 4:54:57 | 4:55:07 | |
To proceed without the available
agreement of at least two parts of | 4:55:08 | 4:55:13 | |
the UK, Scotland and Wales, and the
agreement of the other parts, which | 4:55:13 | 4:55:20 | |
currently are obscured to me, would
in my judgment be for Hardy and | 4:55:20 | 4:55:28 | |
outrageous. As far as I can see, and
I hope the Minister can perhaps | 4:55:28 | 4:55:33 | |
correct me, the government has
launched us into this process | 4:55:33 | 4:55:37 | |
without properly considering how the
views of the four parts of the UK | 4:55:37 | 4:55:41 | |
could be ascertained, without proper
consideration of the views of the | 4:55:41 | 4:55:44 | |
Scottish and Welsh governments, with
the means of ascertaining the views | 4:55:44 | 4:55:50 | |
of Northern Ireland, and of course
the elephant in the room, explaining | 4:55:50 | 4:55:55 | |
precisely who speaks the England.
Something which I think is always | 4:55:55 | 4:56:00 | |
either unconsidered or unspoken in
this place. What we do know from the | 4:56:00 | 4:56:06 | |
following publication of the EU
Withdrawal Bill, the Scottish SNP | 4:56:06 | 4:56:10 | |
and Welsh Labour governments issued
a joint statement calling it a naked | 4:56:10 | 4:56:13 | |
power grab. But the worst government
and the Scottish Government have | 4:56:13 | 4:56:19 | |
since made this clear that the Bill
as it stands would be rejected by | 4:56:19 | 4:56:24 | |
the respective devolved governments
-- both of the Welsh governments and | 4:56:24 | 4:56:28 | |
the Scottish Government. Governments
in Westminster are compelled | 4:56:28 | 4:56:33 | |
unwillingly to take the powers to
itself and the dispute in Northern | 4:56:33 | 4:56:39 | |
Ireland between the parties, it is
unclear to me at least how opinion | 4:56:39 | 4:56:44 | |
in Northern Ireland is to be gauged.
Lastly,... I will stop | 4:56:44 | 4:56:52 | |
There is not a Northern Ireland
Assembly in place to grant a | 4:56:57 | 4:57:00 | |
resolution. Whilst we hope there to
be one soon, surely we have decanted | 4:57:00 | 4:57:05 | |
as a possibility that we could get
to March 2019 without that. As I | 4:57:05 | 4:57:15 | |
said earlier it is unclear to me
what the situation is in Northern | 4:57:15 | 4:57:19 | |
Ireland. There are rumours one way
or the other that they are extremely | 4:57:19 | 4:57:22 | |
close to resolution. Anything could
happen. It is a principle of our | 4:57:22 | 4:57:36 | |
amendment that democratically
elected Assembly in Wales, Northern | 4:57:36 | 4:57:39 | |
Ireland and in the Parliament of
Scotland should have its say. I'm | 4:57:39 | 4:57:42 | |
very grateful for allowing me to
intervene. It is a constitutional | 4:57:42 | 4:57:48 | |
convention of the utmost importance
that the consent is given by all of | 4:57:48 | 4:57:55 | |
the devolved institutions.
Particularly with such a major | 4:57:55 | 4:57:59 | |
constitutional change. In Northern
Ireland we have no Northern Ireland | 4:57:59 | 4:58:02 | |
Assembly. And we have no expectation
of having one in the future. Even if | 4:58:02 | 4:58:08 | |
I were to be surprised that the main
parties could agree an Assembly, the | 4:58:08 | 4:58:15 | |
figures such within the of 19 that
the majority of them are anti-Brexit | 4:58:15 | 4:58:22 | |
and will not give legislative
consent. This Bill is going nowhere | 4:58:22 | 4:58:27 | |
without the consent of Northern
Ireland. I thank the honourable lady | 4:58:27 | 4:58:34 | |
for that point. I'm loathe to stray
into Northern Ireland politics for | 4:58:34 | 4:58:38 | |
clear reasons. Only to say that it
has been mentioned to me that some | 4:58:38 | 4:58:47 | |
in Northern Ireland would surely see
the government actually taking its | 4:58:47 | 4:58:53 | |
decision with no Assembly in place.
But lastly, the elephant in the | 4:58:53 | 4:59:03 | |
room, who speaks the England? This
is the last constitutional conundrum | 4:59:03 | 4:59:12 | |
that successive governments have
failed to address. Clearly on this | 4:59:12 | 4:59:16 | |
matter it appears that this
Conservative government does. Is the | 4:59:16 | 4:59:22 | |
Labour opposition sanguine about
this? I do not know how they will | 4:59:22 | 4:59:29 | |
vote on this but I wish to remind
them that for Labour colleagues in | 4:59:29 | 4:59:33 | |
Cardiff, they are certainly not
sanguine. The Minister points to the | 4:59:33 | 4:59:38 | |
resurrected joint ministerial
committee as a cover for that... I'm | 4:59:38 | 4:59:43 | |
grateful. The House will of course
be aware that the joint ministerial | 4:59:43 | 4:59:48 | |
committee on EU negotiations has
only met twice in the last year. | 4:59:48 | 4:59:52 | |
Would my honourable friend agree
that this committee fails to give a | 4:59:52 | 4:59:59 | |
real voice in these negotiations and
in its current form it is wholly | 4:59:59 | 5:00:02 | |
inadequate for facilitating
discussion and agreement? I thank | 5:00:02 | 5:00:10 | |
him for his points. The government
might wish to use the joint | 5:00:10 | 5:00:17 | |
ministerial committee as a cover for
proceeding with this matter but I | 5:00:17 | 5:00:20 | |
have to tell the House that this
committee so far hasn't proved | 5:00:20 | 5:00:24 | |
itself to be a substitute for proper
agreements obtained directly with | 5:00:24 | 5:00:28 | |
the Welsh Assembly and Scottish
Parliament. This committee, as | 5:00:28 | 5:00:33 | |
obscure to many members of this
place as it is to the press and the | 5:00:33 | 5:00:38 | |
population at large, this JNC met in
February and didn't meet again until | 5:00:38 | 5:00:42 | |
October. The most important and
momentous events were taking place | 5:00:42 | 5:00:50 | |
and important decisions were being
taken. The government sought to | 5:00:50 | 5:00:53 | |
gloss over the real concerns of the
Scottish and Welsh governments. As I | 5:00:53 | 5:00:58 | |
said earlier, these have now been
made clear. Lastly, as for the JMC | 5:00:58 | 5:01:04 | |
itself, in the Brexit select
committee of the 23rd of October I | 5:01:04 | 5:01:08 | |
asked the Brexit Secretary what was
the formal relationship between | 5:01:08 | 5:01:12 | |
himself and the first Secretary of
State who is handling the JMC. I | 5:01:12 | 5:01:18 | |
asked him what is the formal
relationship between your department | 5:01:18 | 5:01:22 | |
and his and the specific issue. He
replied, there is none at all. He is | 5:01:22 | 5:01:27 | |
one of my oldest friends. To which I
replied, he's a fine man I'm sure | 5:01:27 | 5:01:32 | |
but I've been in this place long
enough to know the ways of working | 5:01:32 | 5:01:38 | |
and there are two conditions I
believe. Whether it's a former | 5:01:38 | 5:01:42 | |
relationship between departments
there is accountability, and where | 5:01:42 | 5:01:47 | |
there is no formal relationship and
there is no accountability. No | 5:01:47 | 5:01:53 | |
formal JMC report back but perhaps a
chat between old friends. I have a | 5:01:53 | 5:01:58 | |
large number of old friends, find
people. I respect them but I | 5:01:58 | 5:02:03 | |
certainly wouldn't base my decision
about the future of my children and | 5:02:03 | 5:02:07 | |
my grandchildren on them... Would he
agree with me that the crucial issue | 5:02:07 | 5:02:16 | |
is less the issue he is pressing in
his amendment today but whether the | 5:02:16 | 5:02:19 | |
government responds to the
amendments put down a cross party | 5:02:19 | 5:02:22 | |
bases about the Scotland and Wales
act, other important matters in line | 5:02:22 | 5:02:26 | |
with what the Scottish and Welsh
governments have said? Responding to | 5:02:26 | 5:02:30 | |
those in a positive way would show
true respect for the constitutional | 5:02:30 | 5:02:34 | |
settlement. I accept the force of
the words of the honourable | 5:02:34 | 5:02:39 | |
gentleman and as he knows we have
supported a number of Labour | 5:02:39 | 5:02:43 | |
amendments including this one. Plaid
Cymru who have been warning of these | 5:02:43 | 5:02:47 | |
problems for some time. We pray to
the Welsh Secretary over the summer | 5:02:47 | 5:02:51 | |
outlining positions for the
Withdrawal Bill and asking for | 5:02:51 | 5:02:56 | |
answers -- we wrote to the Welsh
Secretary. The response was an | 5:02:56 | 5:03:01 | |
aspiration received in September.
Wholly inadequate. We raised it in a | 5:03:01 | 5:03:12 | |
general debate on Brexit and foreign
affairs on the 26th of June. We | 5:03:12 | 5:03:17 | |
raised it during Brexit ministerial
drop-in sessions on July the 19th. | 5:03:17 | 5:03:20 | |
We raised it during the Queen's
Speech on the 26th of July. We | 5:03:20 | 5:03:25 | |
raised it in Welsh questions in
September. We raised it on the 17th | 5:03:25 | 5:03:34 | |
of October in the Brexit Committee.
Not once have they told us how they | 5:03:34 | 5:03:42 | |
plan to proceed if all legislatures
do not support the Bill. The only | 5:03:42 | 5:03:45 | |
conclusion we can draw is that they
will press ahead regardless. It is | 5:03:45 | 5:03:50 | |
after all within their legal right
to do so, for the time being. The | 5:03:50 | 5:03:55 | |
final step in... It would be
fascinating if they did press on | 5:03:55 | 5:04:00 | |
regardless. Three of the four
Assembly or polymers were against | 5:04:00 | 5:04:08 | |
and would show we weren't in a union
but in a superstate which is what | 5:04:08 | 5:04:12 | |
many in here say we are trying to
get away from. That is the point | 5:04:12 | 5:04:19 | |
with this amendment might elucidate
and it's very well put by the | 5:04:19 | 5:04:23 | |
honourable gentleman. The final step
in trying to prise an answer out of | 5:04:23 | 5:04:26 | |
the UK Government as to how they
will act of the devolved parliaments | 5:04:26 | 5:04:30 | |
reject this Bill is by gauging its
reaction to this amendment. Calling | 5:04:30 | 5:04:37 | |
for this Bill to be legally binding.
That is why I will be pressing | 5:04:37 | 5:04:41 | |
amendment 79 to a vote. It already
has the support of the SNP, Lib | 5:04:41 | 5:04:47 | |
Dems, Green Party and at least one
Labour MP. In my view it would be | 5:04:47 | 5:04:53 | |
unthinkable for Labour, the largest
party in Wales, to oppose Wales | 5:04:53 | 5:04:56 | |
having a say on a country to the
stance of their colleagues in | 5:04:56 | 5:05:01 | |
Cardiff. If the UK Government is
deadly serious about having all four | 5:05:01 | 5:05:05 | |
nations on board, if it is
determined to respect the agenda, it | 5:05:05 | 5:05:11 | |
will accept this amendment. If not
we must assume the Prime Minister | 5:05:11 | 5:05:14 | |
intends to ignore the clearly
expressed will of the National | 5:05:14 | 5:05:19 | |
Assembly for Wales and the Scottish
Parliament, to deliver an approach | 5:05:19 | 5:05:25 | |
that works for the whole of the UK,
I urge everyone in this House to | 5:05:25 | 5:05:30 | |
support our amendment 70 nine. Mr
John Redwood. Clause one of this | 5:05:30 | 5:05:40 | |
historic Bill is the most important
constitutional matter to come before | 5:05:40 | 5:05:45 | |
the House of Commons since the
passage of the 1972 act itself. I | 5:05:45 | 5:05:51 | |
have read some of those debates that
Parliament then conducted. Indeed, | 5:05:51 | 5:05:55 | |
you could say that today the repeal
is more significant than the House | 5:05:55 | 5:06:02 | |
believed the passage of the original
act to be. When the original act was | 5:06:02 | 5:06:08 | |
passed, the government reassured the
House. The government told the House | 5:06:08 | 5:06:12 | |
that this was no passage or
surrender of sovereignty to a | 5:06:12 | 5:06:20 | |
supranational body. This was no
major transfer of power. It was | 5:06:20 | 5:06:26 | |
instead a measured development of a
Common Market that the areas in | 5:06:26 | 5:06:30 | |
which the European Economic
Community would have competence, | 5:06:30 | 5:06:33 | |
would be very narrow and limited,
and that the UK would preserve a | 5:06:33 | 5:06:39 | |
veto so that if the EEC wish to
propose anything, that the UK did | 5:06:39 | 5:06:42 | |
not like, the UK would be able to
exercise its veto and show that | 5:06:42 | 5:06:49 | |
Parliament was still sovereign. That
was a long time ago. Over the years | 5:06:49 | 5:06:54 | |
we've seen that what appeared to be
a modest measure to form a Common | 5:06:54 | 5:07:01 | |
Market transformed itself into a
mighty set of treaties through | 5:07:01 | 5:07:05 | |
endless amendment and new treaty
provision, into a very large and | 5:07:05 | 5:07:11 | |
complex legal machine which became
the true sovereign of our country. | 5:07:11 | 5:07:16 | |
It exercised its sovereignty through
the European Court of Justice, the | 5:07:16 | 5:07:19 | |
one supreme body in our country all
the time we remain in the EEC, and | 5:07:19 | 5:07:25 | |
now the EU, and we have seen how
that body can strike down Act of | 5:07:25 | 5:07:29 | |
Parliament, can prevent ministers
from taking any action they wish, | 5:07:29 | 5:07:34 | |
can prevent this Parliament
expressing a view and turning it | 5:07:34 | 5:07:37 | |
into action. | 5:07:37 | 5:07:41 | |
We were told EU would be unable to
control our tax system, but there | 5:07:42 | 5:07:47 | |
are items today which members of all
sides of the house would like to | 5:07:47 | 5:07:51 | |
abolish, but we are not allowed to
bind European legal requirement. The | 5:07:51 | 5:07:55 | |
two main parties which tried the
route rid renegotiation of our | 5:07:55 | 5:08:04 | |
relationship both agree that they
wanted certain modest benefit | 5:08:04 | 5:08:07 | |
changes to our welfare system, but
both had to accept that they were | 5:08:07 | 5:08:10 | |
quite illegal, and therefore it
would have been inappropriate and | 5:08:10 | 5:08:15 | |
impossible for this house to have
taken action, which would have | 5:08:15 | 5:08:21 | |
withstood the ECJ challenges. I will
not take interventions. I am | 5:08:21 | 5:08:24 | |
conscious we have very little time,
and I wish other colleagues to be | 5:08:24 | 5:08:27 | |
able to speak in this debate. We
were unable all the time we were in | 5:08:27 | 5:08:32 | |
the EU to have our own migration
policy and decide who we wish to | 5:08:32 | 5:08:35 | |
welcome them to our country. We
can't have our own fishing policy, | 5:08:35 | 5:08:39 | |
aren't farming policy, we have seen
how we have moved into massive | 5:08:39 | 5:08:44 | |
deficit both on fishing and farming,
where we used to be in good trading | 5:08:44 | 5:08:49 | |
surplus on fish before we joined the
European Economic Community, and we | 5:08:49 | 5:08:53 | |
used to produce most of the
temperate food we needed before the | 5:08:53 | 5:08:57 | |
Common Agricultural Policy started
to bite. The British people decided | 5:08:57 | 5:09:01 | |
in their wisdom that which take that
control -- that we should take back | 5:09:01 | 5:09:07 | |
control, and we should do that by
this very important piece of | 5:09:07 | 5:09:11 | |
legislation. And it is above all
clause one which takes back that | 5:09:11 | 5:09:15 | |
control, and the great news for
colleagues on all sides of the house | 5:09:15 | 5:09:21 | |
who have different views on whether
we should leave or me is that | 5:09:21 | 5:09:26 | |
they're genuine passion for
democracy, which many happenings | 5:09:26 | 5:09:29 | |
pressing from both sides of the
argument today, can be satisfied by | 5:09:29 | 5:09:33 | |
the passage of that clause one by
the repeal of that piece of | 5:09:33 | 5:09:37 | |
legislation. Once that has happened,
when the repeal has taken place, | 5:09:37 | 5:09:42 | |
then this parliament once again can
hear the wishes of the British | 5:09:42 | 5:09:49 | |
people and can change VAT, can
change our fishing policy, can | 5:09:49 | 5:09:53 | |
change our agriculture policy, can
change our borders policy, can | 5:09:53 | 5:09:56 | |
change our welfare policy in the
ways I have already explained there | 5:09:56 | 5:10:01 | |
are many colleagues wishing to join
in. I am just hoping that the | 5:10:01 | 5:10:09 | |
honourable and right honourable
gentleman opposite will recognise | 5:10:09 | 5:10:11 | |
that far from being a denial of
democracy, as some seem to fear, | 5:10:11 | 5:10:15 | |
they seem to think it is some
ministerial power grab, this piece | 5:10:15 | 5:10:19 | |
of legislation does the exact
opposite. It means that once it has | 5:10:19 | 5:10:23 | |
gone through, any minister of the
Crown, no matter how grand, will not | 5:10:23 | 5:10:29 | |
be able to use the excuse that they
have to do something to satisfy the | 5:10:29 | 5:10:33 | |
ECJ and the EU. They will have to
answer to this House of Commons, and | 5:10:33 | 5:10:36 | |
if they cannot command a majority
for what they wish to do, then it | 5:10:36 | 5:10:40 | |
will be changed. And that is the
system that I and many opposition | 5:10:40 | 5:10:45 | |
members believe in and that is the
system which we are seeking to | 5:10:45 | 5:10:49 | |
reintroduce into our country after
many years ' absence, with this | 5:10:49 | 5:10:58 | |
piece of legislation. There are also
concerns about whether the date of | 5:10:58 | 5:11:01 | |
exit should be included on the face
of the bill. I think it is good | 5:11:01 | 5:11:07 | |
parliamentary practice to put
something of that importance on the | 5:11:07 | 5:11:09 | |
face of the bill and to allow us
extensive debate as they are having | 5:11:09 | 5:11:13 | |
to date and doubtless which we will
have more before the completion of | 5:11:13 | 5:11:16 | |
this piece of legislation by both
houses, so that the public can see | 5:11:16 | 5:11:21 | |
we have considered it fully and come
to review. I listen carefully to the | 5:11:21 | 5:11:25 | |
right honourable member for
Birkenhead, and was very sympathetic | 5:11:25 | 5:11:28 | |
to what he was trying to do. But I
will take the advice of ministers | 5:11:28 | 5:11:32 | |
and support their particular version
of the amendment, for the reasons | 5:11:32 | 5:11:36 | |
which the minister set out very
well. You need complete certainty, | 5:11:36 | 5:11:40 | |
and that requires a precise time of
transfer so that people know which | 5:11:40 | 5:11:45 | |
law they are obeying and which
caught they are ultimately | 5:11:45 | 5:11:49 | |
answerable, minute by minute, as you
approach the transfer of power on | 5:11:49 | 5:11:54 | |
the day in question. That is a very
important part of the process. I | 5:11:54 | 5:11:59 | |
would also say to the house, those
who have genuine fears that we will | 5:11:59 | 5:12:03 | |
not have enough time to negotiate, I
hope, are wrong. I think 16 months | 5:12:03 | 5:12:07 | |
is a very long time to allow to see
whether we can reach a really good | 5:12:07 | 5:12:11 | |
agreement or not, and of course, we
all hope we can reach a good | 5:12:11 | 5:12:16 | |
agreement. Some of us know that if
there is no agreement, it will be | 5:12:16 | 5:12:19 | |
fine. We can trade in the WTO terms,
we can put in place over the next 16 | 5:12:19 | 5:12:25 | |
months all the things you need to do
on a contingency basis to make sure | 5:12:25 | 5:12:29 | |
that if we just leave without an
agreement, things will work. And | 5:12:29 | 5:12:34 | |
again, I would appeal to all members
in the house to understand that it | 5:12:34 | 5:12:39 | |
may be a contingency members don't
want, but it is a possible outcome. | 5:12:39 | 5:12:43 | |
We cannot make the EU offer a
sensible agreement which is in our | 5:12:43 | 5:12:48 | |
mutual interest, and so surely this
house has a duty to the public to | 5:12:48 | 5:12:52 | |
plan intelligently and to scrutinise
ministers as they go about putting | 5:12:52 | 5:12:54 | |
in place the necessary devices to
make sure it all works. The right or | 5:12:54 | 5:13:02 | |
the Lady who leads the Home Affairs
Select Committee should relax. She | 5:13:02 | 5:13:05 | |
is talented, she is quite capable of
leading her committee, I'm sure she | 5:13:05 | 5:13:08 | |
can make it quite valuable
contribution. Nobody is stopping | 5:13:08 | 5:13:11 | |
hair or her committee is
criticising, asking, producing | 5:13:11 | 5:13:15 | |
ideas, helping the government,
making sure there is that smooth | 5:13:15 | 5:13:19 | |
transition. She and I both believe
parliamentary democracy. She has an | 5:13:19 | 5:13:25 | |
important position for this house
and I wish you every success in | 5:13:25 | 5:13:29 | |
pursuing it in the national interest
so that ministers can be held to | 5:13:29 | 5:13:33 | |
account. So, Sir David, the task
before us should be one that brings | 5:13:33 | 5:13:37 | |
Parliament together. We should not
still be disputing whether we are | 5:13:37 | 5:13:39 | |
leaving or not. We let the British
people decide that, and then this | 5:13:39 | 5:13:44 | |
has voted overwhelmingly to send in
our notice. I explained at the time | 5:13:44 | 5:13:49 | |
when we sent in the note is that
that would be the decision point. | 5:13:49 | 5:13:52 | |
Most members took it relatively
willingly, some very willingly, and | 5:13:52 | 5:13:59 | |
we now need to make sure that it
works in the best interests of the | 5:13:59 | 5:14:03 | |
British people. I would urge the
house to come together to work on | 5:14:03 | 5:14:07 | |
all those details to make sure that
we can have a successful Brexit even | 5:14:07 | 5:14:09 | |
if there is no agreement on offer
after a suitable time of | 5:14:09 | 5:14:16 | |
negotiating, and would urge the EU
to understand that it is greatly in | 5:14:16 | 5:14:20 | |
their interests to discuss as soon
as the a future relationship, | 5:14:20 | 5:14:26 | |
because if they don't do it soon, we
will simply have to plan for no | 5:14:26 | 5:14:30 | |
agreement, because it is our duty to
make sure that everything works very | 5:14:30 | 5:14:36 | |
smoothly at the end of March 20 19.
Mr George Howarth. | 5:14:36 | 5:14:42 | |
Thank you, Sir David. It is, I
think, a pleasure to follow the | 5:14:42 | 5:14:50 | |
right honourable gentleman, the
member for Wokingham, who invited | 5:14:50 | 5:14:53 | |
the house to come together and sort
these problems out between us. The | 5:14:53 | 5:14:59 | |
problem with his invitation,
however, was exposed in the rest of | 5:14:59 | 5:15:03 | |
his speech, whereby he was arguing
that if we do come together, it has | 5:15:03 | 5:15:10 | |
to be on his terms. There was no
scope for those of us who believe | 5:15:10 | 5:15:15 | |
there is a different way of doing
this. We only can do it in the way | 5:15:15 | 5:15:19 | |
that The Right Honourable gentleman
and those who are agreed with him | 5:15:19 | 5:15:22 | |
over many years think that it can be
done, and certainly, it is an | 5:15:22 | 5:15:29 | |
invitation that I am more than
prepared to resist. I have written | 5:15:29 | 5:15:35 | |
to speak in favour of my right
honourable friend, the member for | 5:15:35 | 5:15:44 | |
Pontefract and Castleford's
amendment, which I think is very | 5:15:44 | 5:15:47 | |
helpful, and also to speak in favour
of the amendment in the right | 5:15:47 | 5:15:53 | |
honourable member for Beaconsfield's
name, | 5:15:53 | 5:15:58 | |
honourable member for Beaconsfield's
name,. Before I get on to that | 5:15:58 | 5:16:00 | |
argument, I would like to say a word
about the speech of my right | 5:16:00 | 5:16:05 | |
honourable friend, the member for
Birkenhead, who is a good friend of | 5:16:05 | 5:16:08 | |
mine, and I have known for many
years, and always respected. And my | 5:16:08 | 5:16:14 | |
right honourable friend, the member
for Birkenhead, compare this process | 5:16:14 | 5:16:17 | |
to buying a house. And it was, you
know, Sir David, quite seductive as | 5:16:17 | 5:16:26 | |
a way of looking at it. But what my
right honourable friend, the member | 5:16:26 | 5:16:32 | |
for Birkenhead, neglected to realise
is that in the process of buying a | 5:16:32 | 5:16:37 | |
house, there is a thing called sold
subject to contract. Now, Article 50 | 5:16:37 | 5:16:47 | |
might have represented sold subject
to contract. We have yet to see what | 5:16:47 | 5:16:52 | |
the contract is. And so my right
honourable friend's analogy was | 5:16:52 | 5:16:58 | |
perhaps more apposite than he
realised, because we are in fact in | 5:16:58 | 5:17:02 | |
that sort of process, but in a
completely different stage to the | 5:17:02 | 5:17:07 | |
one that he said. I will return
directly to The Right Honourable | 5:17:07 | 5:17:14 | |
member for Wokingham's argument
about why the house should come | 5:17:14 | 5:17:16 | |
together and white many of us -- why
many of us believe that that might | 5:17:16 | 5:17:23 | |
be possible, but we are not at that
point yet. I have two yardsticks | 5:17:23 | 5:17:27 | |
which I will apply before I decide,
if I get the opportunity, provided | 5:17:27 | 5:17:33 | |
by the amendments I have referred
to, I which I will decide whether or | 5:17:33 | 5:17:38 | |
not it is the right thing to do. The
first one, everyone has rightly said | 5:17:38 | 5:17:43 | |
that the people of this country
voted to leave, and it is true. They | 5:17:43 | 5:17:50 | |
did, by a smallish margin, but
nevertheless, in my constituency, | 5:17:50 | 5:17:55 | |
they voted exactly the same as the
national results. So there is an | 5:17:55 | 5:17:58 | |
obligation on us to recognise, as
knowledge, and deal with the | 5:17:58 | 5:18:03 | |
implications of that referendum
vote. But what they didn't vote for | 5:18:03 | 5:18:10 | |
was for an agreement, the dimensions
of which we don't even understand. | 5:18:10 | 5:18:20 | |
And that is where we are at the
moment. So the yardsticks I will | 5:18:20 | 5:18:25 | |
judge them by our, first of all,
those that my constituents on the | 5:18:25 | 5:18:29 | |
doorstep raised with me. First of
all, they said they were going to | 5:18:29 | 5:18:33 | |
vote to leave because they did not
like the amount of immigration that | 5:18:33 | 5:18:36 | |
was happening in this country. I
argued with them, but that was the | 5:18:36 | 5:18:41 | |
argument that was put to me. The
second thing they argued for was | 5:18:41 | 5:18:47 | |
parliamentary sovereignty. Quite
often, I did try to explore that | 5:18:47 | 5:18:53 | |
more fully with people, but it
didn't often end up in a very | 5:18:53 | 5:18:57 | |
productive conversation. And the
third thing they argued for was | 5:18:57 | 5:19:02 | |
greater economic freedom. There were
other arguments that had been | 5:19:02 | 5:19:08 | |
discussed and will be debated, no
doubt. But they were the three main | 5:19:08 | 5:19:12 | |
issues that were raised on the
doorsteps. And so, I can directly | 5:19:12 | 5:19:18 | |
back to the right honourable
gentleman for Wokingham and his | 5:19:18 | 5:19:20 | |
question. What are we as a house
supposed to unite and? At this | 5:19:20 | 5:19:28 | |
stage, I don't know whether any of
the reasons that my constituents | 5:19:28 | 5:19:31 | |
voted the way they did will be
addressed not by this, but why the | 5:19:31 | 5:19:39 | |
final deal the government comes to.
I don't know, the government doesn't | 5:19:39 | 5:19:43 | |
know, my constituents don't know,
the house doesn't know, and yet, | 5:19:43 | 5:19:46 | |
somehow or other, we're asked to
take it on trust that at some point, | 5:19:46 | 5:19:50 | |
all will be revealed and there will
be nothing that we need to worry | 5:19:50 | 5:19:55 | |
about. Well, forgive me, I have been
in this house a number of years in | 5:19:55 | 5:20:00 | |
opposition and government, and I
know that there is always something | 5:20:00 | 5:20:04 | |
to worry about! Particularly when a
government is in a position where | 5:20:04 | 5:20:08 | |
they don't need to -- where they
don't even know what the end of the | 5:20:08 | 5:20:13 | |
process is likely to bring. I will
give way, but only this once, | 5:20:13 | 5:20:16 | |
because I do want to conclude. Is
the integration of what he is saying | 5:20:16 | 5:20:20 | |
that unless he is satisfied with an
agreement, he will not allow us to | 5:20:20 | 5:20:26 | |
leave the European Union? I will
come... I will answer before I | 5:20:26 | 5:20:33 | |
finished precisely that point. If he
will forgive me, I will do it on my | 5:20:33 | 5:20:41 | |
own particular way. The second test
I would reply, Sir David, is a | 5:20:41 | 5:20:49 | |
fairly straightforward one. Are we
heading into economic disaster? | 5:20:49 | 5:20:56 | |
Because at this stage, we are unable
to say. We don't know what the trade | 5:20:56 | 5:21:01 | |
terms will be, we don't know how it
will affect businesses in this | 5:21:01 | 5:21:07 | |
country, we don't know how will
affect workforces, and all of that | 5:21:07 | 5:21:10 | |
is to be negotiated. Now, if at the
end of this process, all of those | 5:21:10 | 5:21:19 | |
things have been answered to the
satisfaction of my constituents, I | 5:21:19 | 5:21:25 | |
could vote at the end of it,
provided I have the opportunity, | 5:21:25 | 5:21:29 | |
still to leave the European Union.
But at this stage, there is so much | 5:21:29 | 5:21:38 | |
lack of clarity about where we stand
and where we are going to get to | 5:21:38 | 5:21:43 | |
that any commitment to say I would
definitely do so, any commitment to | 5:21:43 | 5:21:47 | |
say to my constituents, everything
you have voted for isn't going to | 5:21:47 | 5:21:52 | |
happen, on top of which, it will be
economic or disastrous for us, I am | 5:21:52 | 5:21:57 | |
not prepared to give that out. So I
say this to the government, get on | 5:21:57 | 5:22:03 | |
with the negotiation, or we want the
opportunity to say, this is not | 5:22:03 | 5:22:09 | |
right for our constituents. And I
will vote with The Right Honourable | 5:22:09 | 5:22:12 | |
gentleman for Beaconsfield and my
right honourable friend with their | 5:22:12 | 5:22:16 | |
amendments, just to make sure that
we have exactly that opportunity to | 5:22:16 | 5:22:19 | |
do so.
Mr Bernard Jenkin. | 5:22:19 | 5:22:25 | |
Thank you. I reflect on this debate,
having often taken part in such | 5:22:25 | 5:22:29 | |
debates and feeling in the minority
when opposing a new European treaty. | 5:22:29 | 5:22:34 | |
I wonder whether I am still in the
minority in this house, that this | 5:22:34 | 5:22:37 | |
has actually probably has more
Remainer is that lever is in it, and | 5:22:37 | 5:22:42 | |
that probably rather colours the
judgment of many people taking part | 5:22:42 | 5:22:47 | |
in this debate. -- more Remainers
than Leavers. Let me finish the | 5:22:47 | 5:22:55 | |
point. I believe as passionately in
my case as she does in his, and I am | 5:22:55 | 5:23:02 | |
sympathising, I understand. But the
truth is, we have to accept the | 5:23:02 | 5:23:07 | |
country voted leave, and the one
thing we know about what the people | 5:23:07 | 5:23:14 | |
voted for, whether they voted for
this deal that the law they believe | 5:23:14 | 5:23:17 | |
that bit of or disbelieve that bit,
the one thing it said on the ballot | 5:23:17 | 5:23:21 | |
paper was that they will voting to
leave the European Union. That they | 5:23:21 | 5:23:24 | |
were voting to leave. And I cannot
understand how anyone, and he just | 5:23:24 | 5:23:30 | |
did, can come to this house and say,
there might be circumstances where | 5:23:30 | 5:23:33 | |
riots city not going to respect that
decision, because that is what it | 5:23:33 | 5:23:37 | |
amounts to. -- where I am not going
to respect that decision. I am going | 5:23:37 | 5:23:40 | |
to give way very little, but I will
give way. | 5:23:40 | 5:23:46 | |
So Winston Churchill said the role
of an MP was to pick country first, | 5:23:46 | 5:23:50 | |
constituency and then party. If the
government comes back with a bad | 5:23:50 | 5:23:54 | |
deal, does he not accept that
allowing it to go forward would be | 5:23:54 | 5:23:59 | |
putting none of those three first?
That brings me to my next point. I | 5:23:59 | 5:24:03 | |
feel a lot of this debate is
re-running many of the arguments | 5:24:03 | 5:24:06 | |
that took place during the
referendum. The Remain case was | 5:24:06 | 5:24:11 | |
premised on the idea that it's a
horrible cruel world and you can't | 5:24:11 | 5:24:15 | |
survive outside the EU, it's going
to be completely disastrous, and | 5:24:15 | 5:24:18 | |
unless they give us lots of help and
support and agree to a lot of stuff | 5:24:18 | 5:24:22 | |
but we would like, then we are going
to be out on our own in the cold. Do | 5:24:22 | 5:24:29 | |
you know what? It's not true. Most
countries aren't in the EU and they | 5:24:29 | 5:24:32 | |
are fine. Sometimes this debate
loses sight of that. I want to speak | 5:24:32 | 5:24:36 | |
in favour of clause stand part. This
is a very important Bill. The most | 5:24:36 | 5:24:50 | |
important joint. It's so much more
significant than it was after 45 | 5:24:50 | 5:24:55 | |
years of membership. The principle
of democracy is this the Parliament | 5:24:55 | 5:25:01 | |
legislates and ministers have to
obey the law and implement the law. | 5:25:01 | 5:25:04 | |
The problem with the European Union
is it turned out ministers into | 5:25:04 | 5:25:08 | |
legislators. They go to Brussels,
they sit in Council, they legislate, | 5:25:08 | 5:25:16 | |
and then they bring back faked a
company legislation which is imposed | 5:25:16 | 5:25:20 | |
on this House. -- fait accompli
legislation. There is something a | 5:25:20 | 5:25:31 | |
bit inconsistent, and I understand
why they are saying it, but a bit | 5:25:31 | 5:25:35 | |
inconsistent in people complaining
about this Parliament not being | 5:25:35 | 5:25:39 | |
treated properly when the whole
principle of our membership of the | 5:25:39 | 5:25:42 | |
EU was to take away the of right
this House to make the laws of this | 5:25:42 | 5:25:45 | |
country. I note the honourable
member just said it was wholly | 5:25:45 | 5:25:51 | |
inappropriate for ministers to go to
Brussels and bring back a fait | 5:25:51 | 5:25:55 | |
accompli. Would it not therefore, in
relation to this negotiation, be | 5:25:55 | 5:26:01 | |
wholly inappropriate for ministers
to go to Brussels and bring back a | 5:26:01 | 5:26:05 | |
fait accompli, and not give
Parliament it proper opportunity to | 5:26:05 | 5:26:08 | |
say you've got this wrong, you've
got to renegotiate? Completely | 5:26:08 | 5:26:13 | |
agree, which is why this House
should have the right to accept or | 5:26:13 | 5:26:17 | |
reject the deal. And it will. It
will have the right to accept or | 5:26:17 | 5:26:23 | |
reject the withdrawal Act. But it
will not change the decision whether | 5:26:23 | 5:26:27 | |
or not we leave the European Union.
That decision has been taken. That's | 5:26:27 | 5:26:32 | |
why I want to come to the main
point... I will give way in a | 5:26:32 | 5:26:38 | |
moment. I want to come to the whole
point about the date. The referendum | 5:26:38 | 5:26:44 | |
said leave. We were all told we had
to use Article 50. Article 50 says | 5:26:44 | 5:26:50 | |
on the outside of the tin it takes
two years maximum. So the date is | 5:26:50 | 5:26:56 | |
already fixed. There is no choice
about the date. The date has got to | 5:26:56 | 5:27:00 | |
be in the Bill otherwise we are
actually weakening our negotiating | 5:27:00 | 5:27:05 | |
position. We are putting
ourselves... Let me make the point | 5:27:05 | 5:27:10 | |
and then I will give way. We can't
go into the negotiations saying | 5:27:10 | 5:27:15 | |
we've signed up to Article 50 but we
don't accept we might have to leave | 5:27:15 | 5:27:19 | |
after two years. We might come
begging asking for a bit more time. | 5:27:19 | 5:27:23 | |
That will not put us in a strong
negotiating position. And most | 5:27:23 | 5:27:30 | |
grateful. In my view there is
absolutely no evidence at the moment | 5:27:30 | 5:27:34 | |
that public opinion on this issue
has shifted at all. Let's suppose as | 5:27:34 | 5:27:41 | |
a hypothesis that by the end of next
year it becomes clear from opinion | 5:27:41 | 5:27:46 | |
polls that 90% of the population
believe a mistake has been made in | 5:27:46 | 5:27:51 | |
triggering Article 50. Is it
seriously his position that as a | 5:27:51 | 5:27:57 | |
house we would in those
circumstances entirely ignore that? | 5:27:57 | 5:28:02 | |
If that was in fact the evidence
being presented repeatedly? He's a | 5:28:02 | 5:28:08 | |
very able barrister and present his
case extremely well but we are into | 5:28:08 | 5:28:15 | |
hypotheticals. LAUGHTER He used the
word hypotheticals. The fact is, | 5:28:15 | 5:28:23 | |
Article 50 was passed by an Act of
Parliament by this House by 498 | 5:28:23 | 5:28:28 | |
votes to 114 at the second reading.
All that these three amendments do | 5:28:28 | 5:28:35 | |
is simply a line this Bill with what
this House voted for so | 5:28:35 | 5:28:40 | |
overwhelmingly. I will give way
but... I'm very interested in the | 5:28:40 | 5:28:48 | |
point my honourable friend makes
about the fact that the date should | 5:28:48 | 5:28:50 | |
have been on the Bill. That was a
really important thing. Can he tell | 5:28:50 | 5:28:54 | |
us why it was he didn't put down an
amendment to the Bill to put the | 5:28:54 | 5:28:58 | |
date into this Bill? Would I be
telling tales out of school if I | 5:28:58 | 5:29:03 | |
said I thought about it? And I
discussed it, and there was plenty | 5:29:03 | 5:29:09 | |
of friendly discussion about it. In
the end of the government has | 5:29:09 | 5:29:14 | |
decided this for itself and I am
supporting the government. Given | 5:29:14 | 5:29:18 | |
that we are in a slightly minority
situation in this Parliament, and we | 5:29:18 | 5:29:24 | |
have to deliver a very difficult
Brexit, negotiations, I think it's | 5:29:24 | 5:29:31 | |
incumbent on all of us on this side
of the House to support the | 5:29:31 | 5:29:34 | |
government whenever we can. I
completely agree with the vast | 5:29:34 | 5:29:39 | |
amount of what he has said. Article
50 sets the date. Article 50 also | 5:29:39 | 5:29:44 | |
sets the process. The last part of
the process is a vote in the | 5:29:44 | 5:29:51 | |
European Parliament. As I recall
from my time in that Parliament, | 5:29:51 | 5:29:56 | |
that Parliament often asks for a
little bit extra at the last minute. | 5:29:56 | 5:30:02 | |
My concern with hard-wiring this
date is it makes it more difficult | 5:30:02 | 5:30:06 | |
for our government and the other 27
national governments to give that | 5:30:06 | 5:30:13 | |
little bit of extra time should they
need it, and therefore it loses our | 5:30:13 | 5:30:18 | |
flexibility, it doesn't give more.
That's my only concern. | 5:30:18 | 5:30:23 | |
Unfortunately, even the European
Parliament can't change the exit | 5:30:23 | 5:30:27 | |
date. It would have to be agreed by
all the other member states. To | 5:30:27 | 5:30:31 | |
premise our negotiating position, on
our ability to persuade 27 member | 5:30:31 | 5:30:38 | |
states and the commissioner and the
negotiating team in Brussels that we | 5:30:38 | 5:30:41 | |
want to extend the date is a
completely wrong thing to do. | 5:30:41 | 5:30:49 | |
Anybody who's going to vote against
this date really has to have | 5:30:49 | 5:30:52 | |
confidence that they can change the
date that has already been set. The | 5:30:52 | 5:31:02 | |
whole point about this deal, no deal
scenario, is, as I've already said, | 5:31:02 | 5:31:13 | |
is that we either accept the deal
and this House either plates on the | 5:31:13 | 5:31:17 | |
deal, or there is no deal. That is
the choice available to this House. | 5:31:17 | 5:31:23 | |
This House cannot veto Brexit.
Anybody... I wish to conclude. | 5:31:23 | 5:31:32 | |
Anyone who voted for the Article 50
notification of Withdrawal Bill | 5:31:32 | 5:31:37 | |
really is obliged to support this
amendment, because that is the date | 5:31:37 | 5:31:44 | |
that they implicitly voted for when
they voted for that Bill, the | 5:31:44 | 5:31:47 | |
two-year period. Anyone who voted
for Article 50 but then do not wish | 5:31:47 | 5:31:55 | |
to fix the date, they are open to
the charge that they do not actually | 5:31:55 | 5:31:59 | |
want us to leave the European Union.
Absolutely disgraceful. The idea | 5:31:59 | 5:32:08 | |
that if we don't have the deal,
we're jumping into a "Void" | 5:32:08 | 5:32:16 | |
that if we don't have the deal,
we're jumping into a "Void", putting | 5:32:16 | 5:32:18 | |
this in is going to constrain our
negotiations, putting this date | 5:32:18 | 5:32:24 | |
disenfranchises Parliament. I
respect the sincerity of my right | 5:32:24 | 5:32:27 | |
honourable friend's passion but to
call this a balmy cut-off date when | 5:32:27 | 5:32:32 | |
he voted for this date, when he
voted for the Article 50 Bill. What | 5:32:32 | 5:32:41 | |
this amendment does is it rumbles
those who have not really accepted | 5:32:41 | 5:32:45 | |
that we are leaving the European
Union. My honourable friend knows | 5:32:45 | 5:32:53 | |
that I share his fundamental beliefs
about the need for us to leave the | 5:32:53 | 5:32:56 | |
European Union. But reflecting on
what he has said, is there not merit | 5:32:56 | 5:33:02 | |
in his suggestion that we needn't
have a fixed date? Suppose our own | 5:33:02 | 5:33:10 | |
negotiators wish an extension. It is
curtailing the flexibility of room | 5:33:10 | 5:33:16 | |
for manoeuvre. Mike Leonard friend
has proposed an ingenious and what I | 5:33:16 | 5:33:19 | |
would suggest commendable solution,
which is that we write into the Bill | 5:33:19 | 5:33:24 | |
the debate but we create exceptions
or circumstances in which the | 5:33:24 | 5:33:28 | |
negotiators might need it. I would
urge all my friends who shared the | 5:33:28 | 5:33:36 | |
views I do to reflect carefully and
the suggestions made by the Right | 5:33:36 | 5:33:42 | |
honourable member for Beaconsfield.
It requires careful reflection. If | 5:33:42 | 5:33:50 | |
we are begging the European Union to
extend the time because they have | 5:33:50 | 5:33:54 | |
runners up against the timetable,
and let's face it, it's the European | 5:33:54 | 5:33:57 | |
Union that is refusing to negotiate
on substantive issues at the moment, | 5:33:57 | 5:34:01 | |
not us. We should be clear, we
should be strong, but if they do not | 5:34:01 | 5:34:09 | |
reach an agreement with us by a
certain date we are leaving without | 5:34:09 | 5:34:12 | |
a deal, and that would put us in a
stronger negotiating position than | 5:34:12 | 5:34:18 | |
ever. While I'm pleased to start by
saying that irrespective of what | 5:34:18 | 5:34:22 | |
might or might not be in this
particular Bill, of course I would | 5:34:22 | 5:34:27 | |
not want us to leave the European
Union. I must say there have been | 5:34:27 | 5:34:31 | |
some rational speeches from the
Conservative benches opposite, in | 5:34:31 | 5:34:37 | |
particular those from the Right
honourable member for Rushcliffe and | 5:34:37 | 5:34:40 | |
Beaconsfield. I've also seen a
significant level of rational | 5:34:40 | 5:34:44 | |
nodding off heads during their
speeches as well. What I hope is | 5:34:44 | 5:34:54 | |
that as this debate develops, many
more of those rational Conservatives | 5:34:54 | 5:34:57 | |
are willing to speak out. Of course,
I think that they as I do believe | 5:34:57 | 5:35:08 | |
that leaving the EU was going to
cause significant damage before the | 5:35:08 | 5:35:12 | |
referendum, but they continue to
believe that to this day. And as | 5:35:12 | 5:35:17 | |
they see the Brexit negotiations
proceeding I suspect their view has | 5:35:17 | 5:35:21 | |
been reinforced. I hope we will see
many more outspoken speeches from | 5:35:21 | 5:35:25 | |
Conservatives opposite. The debate
has inevitably been peppered from | 5:35:25 | 5:35:34 | |
the government benches, the fourth
row which has been referred to | 5:35:34 | 5:35:39 | |
frequently, with the usual cliches
from the usual suspects about the | 5:35:39 | 5:35:42 | |
impact of the European Union. The
European bureaucrats plundering our | 5:35:42 | 5:35:48 | |
fish, the secrecy that implies. The
Right honourable member of the Stone | 5:35:48 | 5:35:55 | |
is no longer in his place but I
don't know if he's ever participated | 5:35:55 | 5:35:59 | |
in a Cabinet committee meeting. If
he's worried about secrecy he can | 5:35:59 | 5:36:03 | |
perhaps participate in some of those
and see how clear that | 5:36:03 | 5:36:07 | |
decision-making process is. And of
course, there have been many | 5:36:07 | 5:36:13 | |
references to the importance of
sovereignty in this Parliament, | 5:36:13 | 5:36:17 | |
which of course is important and
drawing unfavourable comparisons | 5:36:17 | 5:36:23 | |
with the European Union but also
completely disregarding the way that | 5:36:23 | 5:36:28 | |
that body conducts itself through
the Council of ministers and the | 5:36:28 | 5:36:33 | |
role of members of the European
Parliament. I think the only thing | 5:36:33 | 5:36:37 | |
that has been missing from the
debate today has been a reference to | 5:36:37 | 5:36:41 | |
the European Union requiring, or in
fact stopping children blowing up | 5:36:41 | 5:36:49 | |
balloons, and no doubt of the
Foreign Secretary had been here he | 5:36:49 | 5:36:51 | |
would have been able to add to that
list of cliches about the impact of | 5:36:51 | 5:36:57 | |
the European Union. It is a shame
he's not here to add to that, to | 5:36:57 | 5:37:01 | |
reheat that particular one. I'm
going to make no apologies for | 5:37:01 | 5:37:07 | |
seeking to amend this Bill and
supporting a large number of | 5:37:07 | 5:37:12 | |
amendments proposed by others on
both sides, although I don't have | 5:37:12 | 5:37:15 | |
much confidence that this Bill is
one which can in fact been knocked | 5:37:15 | 5:37:19 | |
into shape. I will give way at a
later stage, particularly from | 5:37:19 | 5:37:25 | |
people who haven't perhaps had an
opportunity to intervene. I don't | 5:37:25 | 5:37:29 | |
know whether the right honourable
gentleman for Birkenhead who is no | 5:37:29 | 5:37:35 | |
longer in his place... He's over
there. I don't know whether his new | 5:37:35 | 5:37:40 | |
clause was in fact a politically
inspired amendment, but it's very | 5:37:40 | 5:37:46 | |
clear the Prime Minister's, and
there's been many reference to it, | 5:37:46 | 5:37:52 | |
was very much a political
initiative. | 5:37:52 | 5:37:57 | |
I will give way once.
As I think you should, given what | 5:37:57 | 5:38:02 | |
you are imputing. It was politically
inspired, of course, because I | 5:38:02 | 5:38:07 | |
wanted to see a date in the bill. If
one was suggesting that somebody | 5:38:07 | 5:38:11 | |
else was actually directing what I
should table, I might have a word | 5:38:11 | 5:38:19 | |
with the whips her and see how easy
a job that is. -- here. Well, I | 5:38:19 | 5:38:25 | |
thank him for that intervention, but
I am a little bit perplexed, because | 5:38:25 | 5:38:29 | |
I was not suggesting that anyone had
been pulling his strings. I just | 5:38:29 | 5:38:32 | |
wondered whether his own political
inspiration had led him to put this | 5:38:32 | 5:38:36 | |
forward. But I think what he has
done, and what a government | 5:38:36 | 5:38:43 | |
amendment has done the same, is
point out that these amendments are | 5:38:43 | 5:38:46 | |
both damaging and irresponsible, and
that the government could of their | 5:38:46 | 5:38:54 | |
own volition choose to change this
at any date. One must wonder whether | 5:38:54 | 5:38:59 | |
if, in fact, we were very close to a
deal just a matter of days or hours | 5:38:59 | 5:39:02 | |
away, whether the government would
seek to do that. I will give way to | 5:39:02 | 5:39:10 | |
be honourable lady.
I am grateful. Thank you. Does he | 5:39:10 | 5:39:14 | |
accept, though, that we are actually
coming out of the EU, and this is | 5:39:14 | 5:39:18 | |
not a game of Okey Kirtley with one
foot in and one foot out? | 5:39:18 | 5:39:24 | |
Well, I don't think we often play
games of okey cokey in this chamber, | 5:39:24 | 5:39:28 | |
and I do not think I would want us
to do that today. In fact, what we | 5:39:28 | 5:39:31 | |
are debating is something that is
without a doubt the most serious | 5:39:31 | 5:39:35 | |
issue the UK has faced in the last
50 years, and one which I'm afraid | 5:39:35 | 5:39:39 | |
the government are not conducting
terribly efficiently, and we have | 5:39:39 | 5:39:43 | |
seen from the Prime
Ministersamendment that what she | 5:39:43 | 5:39:45 | |
secured from that was perhaps one or
two newspaper headlines. What it did | 5:39:45 | 5:39:50 | |
not succeed in doing, I'm very
pleased to see, is stemming the Tory | 5:39:50 | 5:39:55 | |
resistance. I do perhaps encourage
the use of the word resistance. I | 5:39:55 | 5:40:00 | |
don't know whether many members have
read Matthew Parris' article where | 5:40:00 | 5:40:05 | |
he has suggested we should use
resistance as the way of describing | 5:40:05 | 5:40:08 | |
us in the way that perhaps some of
the people opposite would prefer to | 5:40:08 | 5:40:13 | |
describe us as we moaners or indeed
traitorous. On that point, I am | 5:40:13 | 5:40:17 | |
happy to give way.
Call the honourable member a Remon, | 5:40:17 | 5:40:24 | |
but he is a Democrat, a Liberal
Democrat, and I wonder if he -- I | 5:40:24 | 5:40:29 | |
wonder what kind of Democrat he is,
when he does not accept the result | 5:40:29 | 5:40:33 | |
of the referendum, he does not
accept the 52% of people voted to | 5:40:33 | 5:40:37 | |
leave, and that the Prime Minister
made it clear we would accept the | 5:40:37 | 5:40:41 | |
result. 41% of his constituents
voted for him. 52% voted to leave | 5:40:41 | 5:40:47 | |
the European Union. When Healy going
to ask a rerun in his own seat? | 5:40:47 | 5:40:51 | |
I'm sure whatever about to say to
him will reassure him that I am | 5:40:51 | 5:40:54 | |
Democrat, because he will be very
aware what the Liberal Democrats are | 5:40:54 | 5:40:57 | |
saying is that the only way in which
the vote on June 23 last year could | 5:40:57 | 5:41:01 | |
be undone as by means of a
referendum, if everybody in the | 5:41:01 | 5:41:05 | |
country who might have changed their
minds, and I would like perhaps him | 5:41:05 | 5:41:09 | |
to explain why it is that on this
particular one issue, that the | 5:41:09 | 5:41:14 | |
people have the right to express
their will, but only once, and never | 5:41:14 | 5:41:19 | |
again. That is not what we are
arguing democratically. We are I | 5:41:19 | 5:41:24 | |
doing there should be another
opportunity. I am not going to give | 5:41:24 | 5:41:26 | |
way. I am going to give way to my
honourable friend. | 5:41:26 | 5:41:32 | |
Would he agree that there is a
fundamental lack of understanding of | 5:41:32 | 5:41:37 | |
our democracy? Democracy is not a
thing fixed in stone. A decision | 5:41:37 | 5:41:41 | |
that has been made once is not a
decision that is there forever on | 5:41:41 | 5:41:45 | |
the day, and indeed, our
parliamentary democracy is based on | 5:41:45 | 5:41:50 | |
every five years, that people can
change their vote and vote for | 5:41:50 | 5:41:54 | |
something else. And indeed,
referendum should not be seen as | 5:41:54 | 5:41:57 | |
something that is ever fixed in
stone. | 5:41:57 | 5:42:01 | |
Indeed, of course, there are, and
the honourable member for Stone as | 5:42:01 | 5:42:07 | |
someone who thinks our democracy is
set in stone and decision. It is | 5:42:07 | 5:42:10 | |
interesting that when there was an
intervention for the honourable | 5:42:10 | 5:42:14 | |
member for Harrow and North Essex,
when he was asked the question if 12 | 5:42:14 | 5:42:19 | |
months from now, 90% of the
population felt that this was in | 5:42:19 | 5:42:21 | |
fact a mistake that had been made
the 23rd of June, it seemed to me as | 5:42:21 | 5:42:25 | |
if was saying we're still going to
proceed with this regardless, | 5:42:25 | 5:42:29 | |
completely overlooking the change in
public opinion. In relation to new | 5:42:29 | 5:42:36 | |
clause 49, clearly we will be
opposing it. I did learn one thing | 5:42:36 | 5:42:39 | |
during that debate, that is
apparently that the honourable | 5:42:39 | 5:42:44 | |
member for Birkenhead is not an
ardent Brexiteer. Well, I am | 5:42:44 | 5:42:51 | |
surprised to learn that, but I
welcome that for him it was evenly | 5:42:51 | 5:42:55 | |
balanced, although I was a bit
worried that he did at one point say | 5:42:55 | 5:43:00 | |
that we did not need more facts.
Actually, I think it is important to | 5:43:00 | 5:43:05 | |
our fact, not necessarily always to
act on one's. Field. I said would | 5:43:05 | 5:43:09 | |
give way. I think you completely
misrepresented what I said. They | 5:43:09 | 5:43:14 | |
said was hypothetical. Does he
really believe the British people | 5:43:14 | 5:43:17 | |
are going to change their minds
about this? It may be a pious hope, | 5:43:17 | 5:43:21 | |
but if anything, if there was
another referendum, Leave would win | 5:43:21 | 5:43:24 | |
by a far bigger majority next time.
How indeed he has answered a | 5:43:24 | 5:43:30 | |
hypothetical with a hypothetical, so
I think we should better leave it | 5:43:30 | 5:43:33 | |
there. So no, I will not be
supporting the new clause 49, as the | 5:43:33 | 5:43:37 | |
member for Birkenhead has
articulated. I think the difficulty | 5:43:37 | 5:43:41 | |
with his amendment on the government
amendment is that actually, we are | 5:43:41 | 5:43:47 | |
making our negotiating position much
worse by having a fixed deadline and | 5:43:47 | 5:43:50 | |
not leaving the scope to allow
Article 50 to be extended if the | 5:43:50 | 5:43:55 | |
negotiations were close to a
conclusion but were there. I think | 5:43:55 | 5:43:58 | |
that is constraining us
unnecessarily. In relation to the | 5:43:58 | 5:44:04 | |
government's position, I think they
have been fairly comprehensive that | 5:44:04 | 5:44:09 | |
their amendments have been
demolished by others during this | 5:44:09 | 5:44:11 | |
debate, and my concern in the
intervention that was made is that | 5:44:11 | 5:44:14 | |
the government seem to still be
arguing that no deal is something | 5:44:14 | 5:44:19 | |
that they will happily pursue or
they are considering as an option, | 5:44:19 | 5:44:26 | |
notwithstanding the huge level of
concern expressed by all sectors and | 5:44:26 | 5:44:31 | |
all the businesses I have met about
the impact of no deal, and I would | 5:44:31 | 5:44:37 | |
recommend the members present, if
they haven't already bent, to go to | 5:44:37 | 5:44:40 | |
the Port of Dover and watch the
process of trucks arriving at the | 5:44:40 | 5:44:44 | |
port, getting on a ferry, the ferry
leaving, and on the ferry coming in | 5:44:44 | 5:44:49 | |
on the other direction, trucks
getting up and leaving the port. | 5:44:49 | 5:44:55 | |
That is a seamless process that does
not stop. The lorry is barely slowed | 5:44:55 | 5:44:59 | |
down as it approaches Dover, as they
get onto the ferry and leave. | 5:44:59 | 5:45:03 | |
Anything that gets in the way of
that process, even if it is an extra | 5:45:03 | 5:45:07 | |
minute's processing time, we'll lock
that port down, and I think that | 5:45:07 | 5:45:14 | |
members who think that no deal is a
happy, easy option need to go and | 5:45:14 | 5:45:18 | |
talk to them and see where the
outcome would be. Amendment 79, I am | 5:45:18 | 5:45:23 | |
very happy to be supporting that,
because that is about ensuring that | 5:45:23 | 5:45:27 | |
the devolved assemblies have some
say in this. So far, that is | 5:45:27 | 5:45:30 | |
something that has been very
significantly denied. And if we have | 5:45:30 | 5:45:35 | |
a vote on clause one to stand apart,
certainly, I will be ensuring | 5:45:35 | 5:45:41 | |
that... I am happy to give way.
I am very grateful to him for giving | 5:45:41 | 5:45:45 | |
way. Like him, I am sceptical about
clause one, because it is asking | 5:45:45 | 5:45:56 | |
Parliament to agree to sweep away
the whole body of the 1972 European | 5:45:56 | 5:46:03 | |
Communities Act without knowing what
on earth will replace it. It is | 5:46:03 | 5:46:09 | |
asking us to embark upon a journey
without knowing the destination. I | 5:46:09 | 5:46:13 | |
think conditions should be placed on
the repeal of the 1972 act, for | 5:46:13 | 5:46:18 | |
instance, we should have a treaty
with the European Union before that | 5:46:18 | 5:46:21 | |
repeal is allowed to take place.
I thank you very much for that | 5:46:21 | 5:46:26 | |
intervention, and I think there may
be an opportunity to put that to the | 5:46:26 | 5:46:31 | |
test shortly. And with that, I
conclude my remarks, but just to say | 5:46:31 | 5:46:35 | |
that I think unfortunately again,
this debate has revealed some of | 5:46:35 | 5:46:40 | |
the, I think, the obsession that
Europe holds in the hearts of some | 5:46:40 | 5:46:45 | |
of those opposite, who I think, I'm
afraid, when it comes to Europe, our | 5:46:45 | 5:46:51 | |
membership of the EU, have left
their rationality at the door of | 5:46:51 | 5:46:54 | |
this chamber and a leading the
country down a path which I think, | 5:46:54 | 5:47:00 | |
if we proceed and we exit the
European Union, will in my view, in | 5:47:00 | 5:47:04 | |
the view of many Cabinet members
sitting there on the front bench, | 5:47:04 | 5:47:09 | |
many Conservative members of
Parliament, and indeed, many members | 5:47:09 | 5:47:12 | |
on this site, will do us
long-lasting damage as the country. | 5:47:12 | 5:47:16 | |
My concern here is related to the
typing issues, which apply to the | 5:47:19 | 5:47:24 | |
phase one X it period and by
implication the transition period, | 5:47:24 | 5:47:27 | |
and also by extension, how those
periods linking to the proposed | 5:47:27 | 5:47:33 | |
timing of the phase two deal on a
future relationship with the EU | 5:47:33 | 5:47:37 | |
following Brexit. This is the
subject of a number of | 5:47:37 | 5:47:40 | |
interconnected amendments. In terms
of timing, the key point is that we | 5:47:40 | 5:47:43 | |
rightly or on wrongly, have cropped
our insistence that the terms of | 5:47:43 | 5:47:51 | |
withdrawal for what is known as
phase one should be negotiated at | 5:47:51 | 5:47:54 | |
the same time per the terms of our
future relationship known as phase | 5:47:54 | 5:47:58 | |
two. As things stand, the EU are
saying we should get phase one | 5:47:58 | 5:48:03 | |
sorted out, Northern Ireland,
citizens rights, the amount of | 5:48:03 | 5:48:06 | |
money, before we start phase two
discussions. The government says | 5:48:06 | 5:48:09 | |
pays to discussions should start in
December, but the EU says it with | 5:48:09 | 5:48:13 | |
your move forward with the next
couple of weeks, clearly from the | 5:48:13 | 5:48:19 | |
EU's commission's perspective and
some business perspective, timelines | 5:48:19 | 5:48:22 | |
are moving from tight to critical in
terms of the need for transitional | 5:48:22 | 5:48:27 | |
arrangement and the phase two
outcome. I separate the two because | 5:48:27 | 5:48:30 | |
the transitional period is legally
derived from and relates to the | 5:48:30 | 5:48:34 | |
phase one X it to withdraw exit date
set out in Article 50. This would | 5:48:34 | 5:48:40 | |
provide time to change over
regulators and allow company systems | 5:48:40 | 5:48:44 | |
to be changeover as well, and then
incidentally, it would also be used | 5:48:44 | 5:48:49 | |
as a standstill period during which
time the government could conduct | 5:48:49 | 5:48:52 | |
its negotiations in respect of phase
two. Having heard the debate so far | 5:48:52 | 5:48:57 | |
today in this place and indeed
elsewhere, I am still unsure as to | 5:48:57 | 5:49:00 | |
why we should fix an accident date.
It would thereby fix the date of the | 5:49:00 | 5:49:06 | |
transitional agreement. I can only
see a downside in terms of the | 5:49:06 | 5:49:09 | |
government losing control of one of
the levers that it could use to | 5:49:09 | 5:49:13 | |
control the negotiations. Briefings
I have just received indicate also | 5:49:13 | 5:49:17 | |
that removing the flexibility of
having different exit date is the | 5:49:17 | 5:49:22 | |
different issues could undermine the
banking and insurance sectors' | 5:49:22 | 5:49:27 | |
abilities to amend their systems in
time, risking financial instability. | 5:49:27 | 5:49:31 | |
This proposal to fix a date also
possibly pushes us into a corner and | 5:49:31 | 5:49:36 | |
increases the EU team's Loveridge,
absolutely unnecessarily in my view. | 5:49:36 | 5:49:41 | |
As has been said today, when
ministers came to the Brexit select | 5:49:41 | 5:49:44 | |
committee, the flexibility to set
multiple exit dates was described to | 5:49:44 | 5:49:49 | |
us as a tool for setting different
commencement dates for different | 5:49:49 | 5:49:55 | |
provisions, and providing for
possible transitional arrangements. | 5:49:55 | 5:49:58 | |
So I ask, what has changed in the
government's approach over the last | 5:49:58 | 5:50:02 | |
few weeks. This is really something
I think ministers have to address. | 5:50:02 | 5:50:05 | |
It is now seemingly the government's
intention to have this bill followed | 5:50:05 | 5:50:11 | |
by further primary legislation which
will provide Fernand lamentation up | 5:50:11 | 5:50:14 | |
there with period -- provide for an
implementation period. | 5:50:14 | 5:50:21 | |
This receives a lot of cross-party
support. We are debating at a later | 5:50:23 | 5:50:28 | |
debate, of course. But I have to
say, this initiative is welcome. It | 5:50:28 | 5:50:32 | |
will not in itself protect us from
the dead-end option of fixing the | 5:50:32 | 5:50:37 | |
exit date, which seems to me to
pander to those who would welcome a | 5:50:37 | 5:50:40 | |
no deal Brexit. I note also, my
right honourable friend, the member | 5:50:40 | 5:50:46 | |
for Rushcliffe tabled an amendment
which provides securing a | 5:50:46 | 5:50:51 | |
transitional arrangement a period of
two years. While this will be | 5:50:51 | 5:50:55 | |
debated later, for the purposes of
this debate, I think this is very | 5:50:55 | 5:51:00 | |
conservatively worded. When the
Brexit select committee went to | 5:51:00 | 5:51:04 | |
Brussels recently, Mr Barnier did
talk of the adequacy of two years' | 5:51:04 | 5:51:08 | |
negotiations, as did our own
Secretary of State, but nearly | 5:51:08 | 5:51:12 | |
everyone else, including the
European Parliament representative | 5:51:12 | 5:51:15 | |
and the French CBI representative,
thought that three years would be | 5:51:15 | 5:51:18 | |
needed or up to five years. In terms
of settling the provisions of phase | 5:51:18 | 5:51:22 | |
12 years from the accident date may
be enough time, before negotiating | 5:51:22 | 5:51:26 | |
an FTA, most experts have said two
years is widely overoptimistic. We | 5:51:26 | 5:51:33 | |
do need to consider what would
happen if the government does not | 5:51:33 | 5:51:35 | |
reach certain targets by certain
dates. For Brexiteers, it may simply | 5:51:35 | 5:51:40 | |
be that we going to hard Brexit
mode. I think this would be | 5:51:40 | 5:51:47 | |
extremely damaging to British
business, but it is of course the | 5:51:47 | 5:51:50 | |
default position under Article 50.
So for those of us who want a | 5:51:50 | 5:51:54 | |
negotiated phase two settlement,
more attention is needed in this | 5:51:54 | 5:51:57 | |
area by the government. Looking
through the moment, I saw a very | 5:51:57 | 5:52:00 | |
thoughtful one tabled by the
Honourable Lady for Feltham and | 5:52:00 | 5:52:03 | |
Heston, which asked what would
happen if the government is not so | 5:52:03 | 5:52:08 | |
core and withdrawal deal or if
Parliament is not approved one by | 5:52:08 | 5:52:13 | |
2018, rather than jumping off the
proverbial no deal hard Brexit | 5:52:13 | 5:52:16 | |
cliff, there is a suggestion of
ending the two-year period or | 5:52:16 | 5:52:21 | |
agreeing a new transition period.
But for this approach to work, we | 5:52:21 | 5:52:25 | |
would have to ensure that we do not
have a fixed exit date. It would in | 5:52:25 | 5:52:29 | |
effect involve taking up the offer
previously made by the honourable | 5:52:29 | 5:52:36 | |
member for Sheffield Central, for
the government to start talking to | 5:52:36 | 5:52:39 | |
the opposition. Given where we are,
I think that will have to happen one | 5:52:39 | 5:52:43 | |
another, and we should face up to it
now. | 5:52:43 | 5:52:45 | |
Thank you. It has been a pleasure to
listen to this wide-ranging debate. | 5:52:45 | 5:52:49 | |
I do not intend, nor do I have the
time, to summarise the debate. What | 5:52:49 | 5:52:53 | |
I wanted to do, which my honourable
friend would not allow him to do, | 5:52:53 | 5:53:00 | |
was respond to the amendment in the
name of the honourable member who is | 5:53:00 | 5:53:03 | |
not in his place at the moment. | 5:53:03 | 5:53:08 | |
He rightly spoke about how the spill
was about continuity, certainty and | 5:53:08 | 5:53:13 | |
control. That matters to every part
of the UK -- this Bill. We are | 5:53:13 | 5:53:19 | |
committed to securing a deal that
works for the entire UK. For Wales, | 5:53:19 | 5:53:24 | |
Scotland, Northern Ireland and all
parts of England. There is | 5:53:24 | 5:53:28 | |
considerable common ground between
the UK Government and devolved | 5:53:28 | 5:53:31 | |
administrations and what we want to
get out of the process. We expect | 5:53:31 | 5:53:35 | |
the outcome to be a significant
increase in power for each devolved | 5:53:35 | 5:53:40 | |
administration. No part of the UK
has a veto over leaving the EU. We | 5:53:40 | 5:53:45 | |
voted as one UK and we will leave as
one UK. This government has already | 5:53:45 | 5:53:49 | |
shown its commitment... Thank you. I
think what he said is important. But | 5:53:49 | 5:53:59 | |
has the Minister said a signal this
evening that he is prepared to rip | 5:53:59 | 5:54:06 | |
ignored the requirement of the
legislative consent of the Northern | 5:54:06 | 5:54:10 | |
Ireland Assembly, the Scottish
Parliament and the Welsh Assembly? | 5:54:10 | 5:54:16 | |
The honourable lady pre-empts my
next point. What I would say before | 5:54:16 | 5:54:20 | |
making this point is of course we
all want to see a Northern Ireland | 5:54:20 | 5:54:25 | |
Assembly in place and functioning.
So that they can give assent to this | 5:54:25 | 5:54:31 | |
Bill. The government has already
shown its commitment to the | 5:54:31 | 5:54:35 | |
convention. We are seeking
legislative consent for this Bill in | 5:54:35 | 5:54:43 | |
the usual way. We want to make the
positive case for legislative | 5:54:43 | 5:54:49 | |
consent and work closely with them
to achieve this. Crucial to | 5:54:49 | 5:54:53 | |
understanding this Bill is the
ongoing work on common frameworks | 5:54:53 | 5:54:57 | |
which the honourable gentleman
referred to. Determining areas where | 5:54:57 | 5:55:00 | |
frameworks will and will not be
required, which will reduce the | 5:55:00 | 5:55:04 | |
scope and effect of clause 11. We
acknowledge that will be crucial to | 5:55:04 | 5:55:10 | |
a consideration of legislative
consent. The position of the UK | 5:55:10 | 5:55:14 | |
Government is that three of the four
UK legislators oppose this he will | 5:55:14 | 5:55:20 | |
ride roughshod over it. This is not
a union it is a superstate 's. The | 5:55:20 | 5:55:30 | |
honourable gentleman doesn't serve
the interests of this -- his own | 5:55:30 | 5:55:37 | |
argument. There has not been a vote
in the Scottish Parliament or the | 5:55:37 | 5:55:40 | |
Welsh Assembly on this and we remain
confident we will reach a position | 5:55:40 | 5:55:44 | |
which can attract support. I want to
stress this Bill takes no | 5:55:44 | 5:55:49 | |
decision-making away from devolved
administrations or legislatures. We | 5:55:49 | 5:55:53 | |
will return in more detail on day
four and day five of the committee. | 5:55:53 | 5:55:58 | |
We are pressing on with our
engagement with the Scottish and | 5:55:58 | 5:56:01 | |
Welsh governments. The Secretary of
State for Exiting the EU in union | 5:56:01 | 5:56:06 | |
has been in contact with them to
progress discussions. In addition at | 5:56:06 | 5:56:13 | |
the recent committee meeting the
principles that underpin those | 5:56:13 | 5:56:21 | |
frameworks were agreed with the
Welsh and Scottish governments. We | 5:56:21 | 5:56:24 | |
are now moving into the next phase
of this work with detailed analysis | 5:56:24 | 5:56:28 | |
of the policy areas. This is a clear
sign of progress. I reiterate the | 5:56:28 | 5:56:33 | |
point I made earlier, we would like
to see a Northern Irish executive, | 5:56:33 | 5:56:39 | |
power-sharing back in place so they
can engage further. In tandem | 5:56:39 | 5:56:44 | |
officials met yesterday for
technical discussions on the | 5:56:44 | 5:56:46 | |
amendments of the Scottish and Welsh
governments. I have spoken to no | 5:56:46 | 5:56:53 | |
less than four committees with
colleagues from across government. I | 5:56:53 | 5:56:58 | |
welcome their detailed scrutiny. We
will continue disengagement and we | 5:56:58 | 5:57:02 | |
had to make the case for this Bill
in every part of the UK. This | 5:57:02 | 5:57:06 | |
amendment would do is provide scope
for individual vetoes on our exit | 5:57:06 | 5:57:10 | |
from the EU. We've already held it
referendum that gave us a clear | 5:57:10 | 5:57:14 | |
answer on the question of leaving
the EU which Parliament subsequently | 5:57:14 | 5:57:18 | |
endorsed. If this amendment goes
against the grain of our | 5:57:18 | 5:57:24 | |
constitutional settlement and the
referendum. Order, order. Mr Frank | 5:57:24 | 5:57:31 | |
Field. In this debate many have
expressed worries about democracy. | 5:57:31 | 5:57:38 | |
Although the member for North East
Fife totally opposed to the position | 5:57:38 | 5:57:44 | |
I was putting, it was a stunning
speech. If people can be returned to | 5:57:44 | 5:57:48 | |
this House with those abilities I
don't think we can worry too much on | 5:57:48 | 5:57:52 | |
that front. The member for
Beaconsfield accused me of | 5:57:52 | 5:57:55 | |
simplicity. I hold his abilities
higher than he does his own | 5:57:55 | 5:58:02 | |
abilities. Sometimes choices are
clear. It is a clear how do we | 5:58:02 | 5:58:12 | |
negotiate the group that we are
facing in Europe. I think these | 5:58:12 | 5:58:16 | |
amendments are necessary. As the
government, without any fingerprints | 5:58:16 | 5:58:23 | |
of anybody else have tabled the
amendment strengthening the one type | 5:58:23 | 5:58:30 | |
it, I wish withdraw the amendment.
Is it your pleasure at the new | 5:58:30 | 5:58:38 | |
clause be withdrawn? Ay. We now come
to amendment 79 to clause one. The | 5:58:38 | 5:58:52 | |
question is that amendment 79 be
made. Ay. To the contrary know. No. | 5:58:52 | 5:59:01 | |
Division. | 5:59:01 | 5:59:13 | |
The question is that amendment 79 be
made. As many as are of the opinion, | 6:01:04 | 6:01:09 | |
say aye. To the contrary, no. The
tellers for the ayes and the tellers | 6:01:09 | 6:01:18 | |
for the noes. | 6:01:18 | 6:01:30 | |
Lock the doors. | 6:07:05 | 6:07:13 | |
The ayes to the right, 52, the nos
to the right, 315. The question is | 6:13:22 | 6:13:33 | |
that | 6:13:33 | 6:13:43 | |
clause one, of that opinion, say
ayes, to the contrary, say nos. | 6:13:44 | 6:13:50 | |
Order! The question is that clause
one stand part of the Bill. As many | 6:16:24 | 6:16:31 | |
of that opinion say aye. On the
contrary, no. Tell us the ayes. Tell | 6:16:31 | 6:16:44 | |
us of the noes. | 6:16:44 | 6:16:46 | |
Lock the doors! | 6:21:56 | 6:21:58 | |
Order! The ayes to the right 318.
The noes to the left 68. The ayes to | 6:27:16 | 6:27:35 | |
the right 318. The noes to the left
68. The ayes have it, the ayes have | 6:27:35 | 6:27:43 | |
it. Unlock. We now continue with new
clause 14 with which it will be | 6:27:43 | 6:27:54 | |
convenient to consider the
amendments listed on the order paper | 6:27:54 | 6:27:57 | |
and clause six stand part. Mr Chris
Leslie. Thank you. If we don't have | 6:27:57 | 6:28:09 | |
a transitional period after exit
date, if we find ourselves moving to | 6:28:09 | 6:28:16 | |
a substantially different
arrangement, we could find great | 6:28:16 | 6:28:27 | |
turmoil in our economy, significant
jobs moving to different | 6:28:27 | 6:28:31 | |
jurisdictions, and most people now
in this debate apart from the fabled | 6:28:31 | 6:28:36 | |
hardliners on the fourth row back
access that a transition is needed. | 6:28:36 | 6:28:44 | |
The Prime Minister made this point
in her foreign speech remarks. | 6:28:44 | 6:28:50 | |
However, I can see many honourable
members looking closely at the Bill | 6:28:50 | 6:28:54 | |
that they have before them. They
will see there isn't much in this | 6:28:54 | 6:28:58 | |
piece of legislation about the
transitional arrangement. It's left | 6:28:58 | 6:29:03 | |
very much up in the air exactly how
that will take place. New clause 14 | 6:29:03 | 6:29:11 | |
seeks to get some clarity from the
government about how a transition | 6:29:11 | 6:29:15 | |
would operate. How that transition
would be put in place. New clause 14 | 6:29:15 | 6:29:21 | |
simply calls for a report from
ministers one month after the Royal | 6:29:21 | 6:29:26 | |
assent for this Act to clarify a
number of things, but principally | 6:29:26 | 6:29:31 | |
the question of how retained
European law would be interpreted | 6:29:31 | 6:29:39 | |
during that transition period. And
by extension, how the European Court | 6:29:39 | 6:29:44 | |
of Justice and many of those other
aspects would apply during that | 6:29:44 | 6:29:47 | |
transition period. Does he share my
incredulity that the government | 6:29:47 | 6:29:55 | |
hasn't just simply said yes of
course we need to inform businesses | 6:29:55 | 6:30:00 | |
and regulators are retained EU law
will be interpreted during the | 6:30:00 | 6:30:03 | |
transition? It is odd they aren't
recognising this is a basic thing | 6:30:03 | 6:30:07 | |
that needs to be done. I suspect
it's because the government a | 6:30:07 | 6:30:12 | |
struggling with getting the
transition. They've admitted that | 6:30:12 | 6:30:15 | |
one is necessary which is a good
step. In the Florence speech the | 6:30:15 | 6:30:21 | |
Prime Minister made that concession.
In fact it was probably the biggest | 6:30:21 | 6:30:26 | |
single negotiating input we've seen
from the government since the | 6:30:26 | 6:30:30 | |
triggering of Article 50. If we
don't have that transition and I've | 6:30:30 | 6:30:35 | |
been talking to businesses, they are
hearing that by January - February, | 6:30:35 | 6:30:40 | |
if we haven't got some clarity, they
will have no choice but to put in | 6:30:40 | 6:30:45 | |
place contingency plans if no deal
happens. If we have that fabled | 6:30:45 | 6:30:49 | |
cliff edge at the end of March 20
19. This goes beyond the financial | 6:30:49 | 6:30:58 | |
services issues, it applies to a
number of sectors of the economy. We | 6:30:58 | 6:31:01 | |
need to make sure we have some
certainty which is why so much is on | 6:31:01 | 6:31:05 | |
the shoulders of the Prime Minister
in the December European Council | 6:31:05 | 6:31:11 | |
meeting, when we are told that
potentially we may get some movement | 6:31:11 | 6:31:15 | |
from the European Union and this
particular issue. An excellent point | 6:31:15 | 6:31:21 | |
about transition. There are a series
of amendments on this issue. Has he | 6:31:21 | 6:31:27 | |
not also spoken to businesses that
are already having to make difficult | 6:31:27 | 6:31:32 | |
and costly decisions because of the
uncertainty that's been caused by | 6:31:32 | 6:31:35 | |
the government and the fact they see
this siren call from a first small | 6:31:35 | 6:31:39 | |
number who want us to go off that
cliff into a no deal catastrophic | 6:31:39 | 6:31:44 | |
Brexit? I don't know whether it's
sadism or masochism from a small | 6:31:44 | 6:31:49 | |
number of honourable members who
relish the idea of that no deals | 6:31:49 | 6:31:53 | |
scenario. WTO is a fantastic set of
circumstances, let's just dive in. | 6:31:53 | 6:32:02 | |
There is a consensus in this House
that a transition is necessary. | 6:32:02 | 6:32:06 | |
We've got to work together across
the party to make sure we put in | 6:32:06 | 6:32:10 | |
place the right legislative
framework for that. The point the | 6:32:10 | 6:32:16 | |
Prime Minister made herself in her
Florence speech was that the | 6:32:16 | 6:32:22 | |
European Court of Justice would
"Still govern the roles we are part | 6:32:22 | 6:32:25 | |
of during the transition". The Prime
Minister is right. The European | 6:32:25 | 6:32:28 | |
Union have said, the entirety needs
to apply during that transitional | 6:32:28 | 6:32:38 | |
period. But it is the equivalent of
the single market, the customs union | 6:32:38 | 6:32:43 | |
and the four freedoms that are
within that. That has to include the | 6:32:43 | 6:32:48 | |
European Court of Justice, if you're
going to sign up to that particular | 6:32:48 | 6:32:52 | |
set of arrangements. By the way that
is also the policy of the front | 6:32:52 | 6:32:58 | |
bench of the Labour Party. My
honourable friends will want to | 6:32:58 | 6:33:06 | |
envisage how that transition takes
place very shortly. It is worth | 6:33:06 | 6:33:10 | |
reminding ourselves wide during a
transition we would still need to | 6:33:10 | 6:33:16 | |
have a resolution mechanism through
the European Court of Justice. The | 6:33:16 | 6:33:19 | |
honourable member for Rushcliffe
mentioned earlier during an | 6:33:19 | 6:33:24 | |
intervention how we saw the UK take
the European Central Bank to the | 6:33:24 | 6:33:29 | |
European Court when there was some
question about whether euro | 6:33:29 | 6:33:34 | |
clearance arrangements might not be
feasible in the City of London. From | 6:33:34 | 6:33:36 | |
time to time we have benefited from
having that resolution arrangement. | 6:33:36 | 6:33:44 | |
What would happen for instance if
during a transition other | 6:33:44 | 6:33:50 | |
circumstances arise? For instance if
UK citizens needed some redress | 6:33:50 | 6:33:53 | |
because they lived abroad and wanted
to get pension payments, but perhaps | 6:33:53 | 6:33:58 | |
there was some obstacle. They would
need, during that transition, and | 6:33:58 | 6:34:02 | |
ability to get some redress for that
and the European Court could provide | 6:34:02 | 6:34:06 | |
it. If there was a breach of
competition rules adversely | 6:34:06 | 6:34:10 | |
affecting a UK firm, those firms
might seek to get redress during | 6:34:10 | 6:34:15 | |
that transition period. If the
European Union started parsing rules | 6:34:15 | 6:34:19 | |
in conflict with the transition
agreement that we had, you would | 6:34:19 | 6:34:24 | |
want that sort of circumstances to
resolve in our favour. If UK firms | 6:34:24 | 6:34:30 | |
were denied market access within the
European Union, you would need some | 6:34:30 | 6:34:34 | |
sort of resolution arrangement
during that transition period. The | 6:34:34 | 6:34:38 | |
application of the European Court of
Justice is quite integral. The Prime | 6:34:38 | 6:34:42 | |
Minister was right to accept that.
The legislation we have before us | 6:34:42 | 6:34:46 | |
today presents a problem. He's
listed a whole series of issues, | 6:34:46 | 6:34:57 | |
each one of which is a legal issue.
How does he suppose that we could | 6:34:57 | 6:35:02 | |
delegate to the government by
prerogative power to decide how | 6:35:02 | 6:35:06 | |
courts would decide those issues? My
amendment seeks to elicit from the | 6:35:06 | 6:35:12 | |
government how they are going to
deal with this. The Prime Minister | 6:35:12 | 6:35:16 | |
has said she accepts the European
Court of Justice would need to | 6:35:16 | 6:35:20 | |
continue to have jurisdiction during
the transition. But if you look at | 6:35:20 | 6:35:24 | |
the Bill, there are problems. I
would invite honourable members to | 6:35:24 | 6:35:27 | |
turn to Page three where they will
see clause five, sub clause one | 6:35:27 | 6:35:31 | |
states clearly the principle of the
supremacy of EU law doesn't apply to | 6:35:31 | 6:35:38 | |
any enactment or all of law passed
or made on or after exit day. The | 6:35:38 | 6:35:42 | |
ECJ arrangements in the Bill, as it
is framed, do not apply beyond exit | 6:35:42 | 6:35:47 | |
day. If you look further down on
page three at clause six, honourable | 6:35:47 | 6:35:53 | |
members will also see similarly no
regard made to the European Court | 6:35:53 | 6:36:00 | |
after exit date. The honourable
gentleman is absolutely right, the | 6:36:00 | 6:36:05 | |
way in which this Bill is framed
takes no account of the possibility | 6:36:05 | 6:36:11 | |
of a transitional arrangement
whatsoever. My honourable friend | 6:36:11 | 6:36:16 | |
says it's not meant to but I can't
criticise the honourable gentleman | 6:36:16 | 6:36:21 | |
from raising this point because we
hear more and more about | 6:36:21 | 6:36:26 | |
transitional arrangements. That
highlights the fact that this Bill | 6:36:26 | 6:36:29 | |
can only do part of the task that we
have to do altogether. I think it's | 6:36:29 | 6:36:34 | |
right that we can seek in vain to
amend this Bill because we aren't | 6:36:34 | 6:36:38 | |
going to be able to make it do
something which deals with | 6:36:38 | 6:36:42 | |
transitional arrangements which
currently we know nothing about. He | 6:36:42 | 6:36:47 | |
isn't entirely correct. The whole
purpose of the scrutiny at Committee | 6:36:47 | 6:36:51 | |
Stage is to try and get some sense
out of what is a very complicated | 6:36:51 | 6:36:55 | |
set of arrangements. In some ways
the Bill was drafted in an era | 6:36:55 | 6:37:00 | |
pre-Florence speech were you moved
from state aid to state B. The Prime | 6:37:00 | 6:37:09 | |
Minister has now accepted there is a
transition. The interim period has | 6:37:09 | 6:37:13 | |
been floated but of course there is
no legal architecture proposed | 6:37:13 | 6:37:17 | |
around that at this stage. The
government yesterday, the Secretary | 6:37:17 | 6:37:26 | |
of State for Exiting the EU European
Union floated the idea there might | 6:37:26 | 6:37:28 | |
be an Act of Parliament which would
also include details about | 6:37:28 | 6:37:31 | |
implementation after some
indeterminate point, potentially | 6:37:31 | 6:37:35 | |
after exit day. This amendment seeks
clarity from ministers. They must | 6:37:35 | 6:37:42 | |
set out in more detail precisely
what would be happening to the legal | 6:37:42 | 6:37:48 | |
framework within that transitional
period. | 6:37:48 | 6:37:55 | |
Does my honourable friend share with
media establishment at the answer | 6:37:55 | 6:37:58 | |
that we got earlier this afternoon
to my question as to how the | 6:37:58 | 6:38:02 | |
transition period, what the legal
base would be, and does he agree | 6:38:02 | 6:38:08 | |
with me that what the government has
succeeded in doing is minimising | 6:38:08 | 6:38:14 | |
their room for negotiation by fixing
the exit date but maximising the | 6:38:14 | 6:38:19 | |
legal uncertainty, which was the one
thing that business were calling for | 6:38:19 | 6:38:22 | |
before Christmas. As my honourable
friend has said, my mind started to | 6:38:22 | 6:38:30 | |
wonder whether the government will
reverse a little bit on this fixed | 6:38:30 | 6:38:33 | |
date within the legislation. We will
wait and see. I think it is quite | 6:38:33 | 6:38:39 | |
obvious that it has not been as
thought through as it should have | 6:38:39 | 6:38:42 | |
been. He is making some excellent
points. Various businesses in Maicon | 6:38:42 | 6:38:50 | |
Slough constituency and the unions
have pointed out the need for a | 6:38:50 | 6:38:54 | |
transitional period and the benefits
of that. Does he, like me, because | 6:38:54 | 6:39:00 | |
the actions of the government, that
we are sleepwalking towards a no | 6:39:00 | 6:39:04 | |
deal scenario which would have a
catastrophic impact on our economy? | 6:39:04 | 6:39:09 | |
I fear that is a scenario that is
beginning to loom on the horizon. We | 6:39:09 | 6:39:14 | |
know that the Prime Minister doesn't
want that because she says she wants | 6:39:14 | 6:39:19 | |
a transitional arrangement, but more
flesh needs to be put on the bones, | 6:39:19 | 6:39:22 | |
both in how the UK envisages that
transition but also the European | 6:39:22 | 6:39:26 | |
Council. If we don't get that deal
on the transition signalled and | 6:39:26 | 6:39:31 | |
perhaps more flesh put on the bone
in December, a lot of those firms | 6:39:31 | 6:39:36 | |
not unreasonably are going to start
to say, well, we have to plan for a | 6:39:36 | 6:39:41 | |
scenario where perhaps we will be
able to sell our services legally to | 6:39:41 | 6:39:47 | |
the other 500 million customers we
have across those other 27 | 6:39:47 | 6:39:55 | |
countries, or we have been hearing a
situation where American banking | 6:39:55 | 6:39:59 | |
corporations that currently have
their place within London looking at | 6:39:59 | 6:40:03 | |
all sorts of convoluted branch back
arrangements so that they subsidiary | 6:40:03 | 6:40:07 | |
eyes back into the UK. It is getting
terribly collocated and expensive. | 6:40:07 | 6:40:12 | |
Ultimately these are all issues that
will hit consumers in the UK, | 6:40:12 | 6:40:18 | |
workers in the UK, and I did promise
I would give way. I share his hope | 6:40:18 | 6:40:27 | |
and the Prime Minister's hope that
there will be a sensible in | 6:40:27 | 6:40:31 | |
fermentation period. Though it is a
diminishing asset as the Secretary | 6:40:31 | 6:40:35 | |
of State has said unless, if it is
left later and later. But I welcome | 6:40:35 | 6:40:42 | |
the enquiring way that he has put
forward his amendment. But I think | 6:40:42 | 6:40:46 | |
he has made his own point, that if
there are to be any enforceable | 6:40:46 | 6:40:50 | |
legal obligations arising from a
withdrawal agreement or any | 6:40:50 | 6:40:55 | |
agreement after we have left, they
should be done through the act of | 6:40:55 | 6:41:00 | |
Parliament that was announced
yesterday and not incorporated into | 6:41:00 | 6:41:04 | |
this Bill. That is why it is safe to
put in this build the exit date | 6:41:04 | 6:41:07 | |
because the exit date ends the
jurisdiction of the European Court | 6:41:07 | 6:41:12 | |
of Justice. Imagine the
circumstances when the exit date | 6:41:12 | 6:41:17 | |
falls on that fateful 11pm on the
29th of March, 2019, and there is no | 6:41:17 | 6:41:26 | |
legislative architecture in place
for that transitional period, from | 6:41:26 | 6:41:31 | |
11:01pm and thereafter. There is no
guarantee at present from the | 6:41:31 | 6:41:36 | |
government that that legislation
will be put in place, will be | 6:41:36 | 6:41:41 | |
published, consulted upon, that
businesses will know what that | 6:41:41 | 6:41:44 | |
transitional legal framework is
going to be from that time on the | 6:41:44 | 6:41:50 | |
29th of March onwards. The
government have said that it might | 6:41:50 | 6:41:53 | |
be the case that we don't get this
latest offer of an act of Parliament | 6:41:53 | 6:41:56 | |
until not only after a withdrawal
treaty has been signed and sealed by | 6:41:56 | 6:42:03 | |
ministers but also after Exit day.
So there is a hiatus. What is the | 6:42:03 | 6:42:08 | |
legal architecture that fills that
gap within that particular | 6:42:08 | 6:42:10 | |
transition? I will give way. This
Bill as it stands seems to me to say | 6:42:10 | 6:42:21 | |
that upon Exit day, thereafter, all
European law and legal obligations | 6:42:21 | 6:42:28 | |
goes. So if we have the transition
period as proposed by the Florence | 6:42:28 | 6:42:36 | |
speech, this subsequent Bill will
presumably have to amend this Bill | 6:42:36 | 6:42:40 | |
and change the government's position
and suddenly start producing new | 6:42:40 | 6:42:46 | |
provisions that qualified. As the
Florence speech seems to be the only | 6:42:46 | 6:42:49 | |
policy we can cling to, agreed by
both front in theory, wouldn't it be | 6:42:49 | 6:42:55 | |
logical just above the substance of
the Florence speech into this Bill | 6:42:55 | 6:42:59 | |
and adjust it so it complies with
it? He and I have shared inspiration | 6:42:59 | 6:43:04 | |
in the form of an amendment that
will also come up on day eight of | 6:43:04 | 6:43:08 | |
the committee stage and of course
the Labour front bench, my front | 6:43:08 | 6:43:14 | |
bench, we'll be talking to their own
amendment 278 very shortly that | 6:43:14 | 6:43:19 | |
seeks to deal with this problem by
dithering exit date until after the | 6:43:19 | 6:43:25 | |
transition has been completed
because essentially you would keep | 6:43:25 | 6:43:27 | |
the existing legal framework in
place, not just for this period, | 6:43:27 | 6:43:31 | |
until Exit day, but also for the
period of transition. That would be | 6:43:31 | 6:43:36 | |
one way to solve this particular
arrangement. This Bill blow cannot | 6:43:36 | 6:43:39 | |
adequately deal with transition, not
just of the contradictions in clause | 6:43:39 | 6:43:46 | |
five and six, but even if you try to
sort of stand on one leg and squint | 6:43:46 | 6:43:50 | |
a little bit at the transitional,
the order making powers in clause | 6:43:50 | 6:43:55 | |
seven, sub clause three, or clause
nine, none of those rule-making | 6:43:55 | 6:44:01 | |
regulatory changes are capable of
dealing with the implementation of a | 6:44:01 | 6:44:07 | |
transitional period. So it's clear
that we do need some answers from | 6:44:07 | 6:44:11 | |
ministers. They have said they are
going to bring forward an act but | 6:44:11 | 6:44:14 | |
they have to make sure that we have
certainty for business for that | 6:44:14 | 6:44:18 | |
period of transition. It could be a
two year plus transition period. I | 6:44:18 | 6:44:23 | |
think two years is too short a
period for the transition, but if it | 6:44:23 | 6:44:29 | |
is two years, that is a long period
of time for businesses to operate | 6:44:29 | 6:44:32 | |
without legal certainty. And new
clause 14 simply says that ministers | 6:44:32 | 6:44:38 | |
must give details within one month
of Royal assent for how that | 6:44:38 | 6:44:42 | |
European Court of Justice
arrangement will apply during the | 6:44:42 | 6:44:45 | |
transition. Is it not clear, looking
at what is being said in Europe and | 6:44:45 | 6:44:53 | |
what is being set by business, that
what they actually want is the | 6:44:53 | 6:44:57 | |
transition deal to be the same as
what we have now with all the same | 6:44:57 | 6:45:02 | |
obligations so they don't have to go
through two sets of changes? That is | 6:45:02 | 6:45:08 | |
absolutely deep reference that I
think most sensible observers to | 6:45:08 | 6:45:11 | |
this arrangement would want to see.
The reason you need the transition | 6:45:11 | 6:45:18 | |
is that the trade deal arrangements
can't possibly be made adequately by | 6:45:18 | 6:45:21 | |
the time we get to Exit day, unless
the Secretary of State for | 6:45:21 | 6:45:28 | |
international trade is going to pull
a rabbit out of a hat but I doubt | 6:45:28 | 6:45:32 | |
very much we are going to get that
and so that period of transition is | 6:45:32 | 6:45:36 | |
absolutely vital. So the UK can
salvage and stitched together some | 6:45:36 | 6:45:45 | |
talk of -- some sort of trade
arrangements. Those have got to be | 6:45:45 | 6:45:56 | |
copied and pasted into UK
arrangements. The honourable member | 6:45:56 | 6:46:03 | |
for Beaconsfield talked about the
759 different international | 6:46:03 | 6:46:06 | |
treaties. We don't know how those
are going to apply. And in law, we | 6:46:06 | 6:46:11 | |
have to not just think about the
circumstances after the transition | 6:46:11 | 6:46:14 | |
but during the transition. This is a
massively complex read -- legal step | 6:46:14 | 6:46:20 | |
that we have to make and we have no
clarity from ministers apart from | 6:46:20 | 6:46:26 | |
this concession yesterday that there
might be an act, possibly after Exit | 6:46:26 | 6:46:30 | |
day, maybe with a vacuum. I will
give way to the Minister. If he is | 6:46:30 | 6:46:37 | |
saying no, he will enact this
legislation well ahead of Exit day? | 6:46:37 | 6:46:44 | |
It proves my point, we need to get a
report from the government quickly | 6:46:44 | 6:46:48 | |
after Royal assent to answer this
particular question. It's a very | 6:46:48 | 6:46:53 | |
gentle, soft amendment that I've
tabled. Hopefully, it would merge | 6:46:53 | 6:46:58 | |
the government to answer this
particular question. A transition | 6:46:58 | 6:47:04 | |
implies moving from one place to
another. If we write into statute on | 6:47:04 | 6:47:09 | |
this Bill the date we leave and
industry and our economy except the | 6:47:09 | 6:47:15 | |
next day and we're out of the
jurisdiction of of the European | 6:47:15 | 6:47:20 | |
Court of Justice, the customs union,
the single market, that is not a | 6:47:20 | 6:47:24 | |
transition, that is an overnight
crash from which the government is | 6:47:24 | 6:47:28 | |
then saying we will transition to
something else and we will pick up | 6:47:28 | 6:47:32 | |
the pieces. This is like Roadrunner
hitting the ground and then having | 6:47:32 | 6:47:36 | |
to pick himself up afterwards. This
is not an orderly transition, this | 6:47:36 | 6:47:40 | |
is a car crash by any definition.
Does he not agree? There are massive | 6:47:40 | 6:47:46 | |
risks to this happening and if we
don't have an ordinary transition, | 6:47:46 | 6:47:50 | |
big consequences will flow from
that. But in a way we have been | 6:47:50 | 6:47:54 | |
talking about this day, the 29th of
March, 2019, as a key date. There is | 6:47:54 | 6:48:00 | |
another critical date. We have got
to have certainty about what is | 6:48:00 | 6:48:07 | |
going to be the shape of this
transition by that particular time. | 6:48:07 | 6:48:11 | |
The clock is ticking much more
swiftly than ministers may have | 6:48:11 | 6:48:15 | |
appreciated. So we need to know that
ministers are rolling up their | 6:48:15 | 6:48:20 | |
sleeves ahead of the European
Council in December. We may just | 6:48:20 | 6:48:25 | |
complete the committee stage of this
Bill in the week, I think it is the | 6:48:25 | 6:48:30 | |
14th of December. But it is vital
that businesses get that certainty | 6:48:30 | 6:48:34 | |
and it's also vital that ministers
set out how aspects of that | 6:48:34 | 6:48:38 | |
transition are going to take place.
In a way it would be disloyal to the | 6:48:38 | 6:48:43 | |
Prime Minister for them not to do
so. He has mentioned the concerns of | 6:48:43 | 6:48:49 | |
business and that is widespread. It
is from the CBI, the Federation of | 6:48:49 | 6:48:56 | |
Small Businesses, right across. And
it also is a concern of the workers | 6:48:56 | 6:49:01 | |
and their representatives, the TUC
and many trade unions have also | 6:49:01 | 6:49:06 | |
pointed to this issue. So why on
earth is the government being so | 6:49:06 | 6:49:09 | |
stubborn? We can only speculate.
There was even a suggestion at one | 6:49:09 | 6:49:15 | |
point that ministers haven't even
yet broached the topic of transition | 6:49:15 | 6:49:20 | |
with their counterparts in the EU.
But thankfully the Prime Minister | 6:49:20 | 6:49:26 | |
raised it in the Florence speech so
I hope that her ministers are now | 6:49:26 | 6:49:30 | |
getting that underway. We need more
certainty, more clarity. There is a | 6:49:30 | 6:49:39 | |
serious two year plus period of time
when legal arrangements need to be | 6:49:39 | 6:49:43 | |
put in place. It is not unreasonable
for this House to ask ministers to | 6:49:43 | 6:49:48 | |
clarify that at the earliest
opportunity, especially at the end | 6:49:48 | 6:49:53 | |
of Royal assent for this particular
act. I commend clause 14 to the | 6:49:53 | 6:49:56 | |
House.
The interpretation of retained EU | 6:49:56 | 6:50:04 | |
law during transitional period. The
question is that new law 14B read a | 6:50:04 | 6:50:08 | |
second time. Cheryl Gillan.
I rise to my feet to move amendments | 6:50:08 | 6:50:17 | |
303 and 304 that stand in my name.
To return to a matter that I raised | 6:50:17 | 6:50:21 | |
at second reading, I would hasten to
add that these particular amendments | 6:50:21 | 6:50:29 | |
relate to a specific constituency
case of mine, but I don't want to | 6:50:29 | 6:50:34 | |
aid the details, I want to state the
principles, because I think the case | 6:50:34 | 6:50:38 | |
in itself raises a problem which I
would like government to have a look | 6:50:38 | 6:50:43 | |
at. This Bill transfers all EU law
into UK law, effective on the day of | 6:50:43 | 6:50:51 | |
exit, ensuring that all rights
enjoyed by British citizens as they | 6:50:51 | 6:50:54 | |
stand today will be available to
them after Brexit. But due to some | 6:50:54 | 6:51:01 | |
practical things, there are some
rights that cannot be transferred | 6:51:01 | 6:51:03 | |
easily. They are entirely reliant on
the European Court. The right of an | 6:51:03 | 6:51:11 | |
individual to sue a member state for
damages with the law has been | 6:51:11 | 6:51:15 | |
incorrectly applied and has cause
them harm is a right that is | 6:51:15 | 6:51:20 | |
ultimately reliant upon the rulings
of the European Court and a legal | 6:51:20 | 6:51:24 | |
precedent that I think many of the
lawyers I am surrounded by her no. | 6:51:24 | 6:51:29 | |
Although I am sure the UK courts
will deal with this kind of case, | 6:51:29 | 6:51:35 | |
they must refer questions on
interpretation or application of EU | 6:51:35 | 6:51:39 | |
law or EU equal principles to the
European Court, particularly when | 6:51:39 | 6:51:43 | |
that interpretation is unclear and
applies to every member state. This | 6:51:43 | 6:51:48 | |
reference to the European Court will
occur, for example, when the | 6:51:48 | 6:51:52 | |
interpretation of rules in relation
to VAT is required. After Brexit, | 6:51:52 | 6:52:01 | |
the UK court will determine all law
and there will be no references to | 6:52:01 | 6:52:04 | |
the European Court. I want to give
the government an opportunity to | 6:52:04 | 6:52:10 | |
ensure that the principle
underlying, the protection of | 6:52:10 | 6:52:16 | |
individuals against malfeasance by
the state, will develop within the | 6:52:16 | 6:52:21 | |
British legal system. In the
meantime, however, there is a | 6:52:21 | 6:52:24 | |
transitional issue arising from
changes in the law that impacts | 6:52:24 | 6:52:27 | |
individuals who have already
commenced such legal action prior to | 6:52:27 | 6:52:32 | |
Brexit or who may wish to commence
such an action after Brexit in | 6:52:32 | 6:52:36 | |
relation to an issue that occurred
in the period prior to Brexit. I | 6:52:36 | 6:52:39 | |
give way to my right honourable
friend. | 6:52:39 | 6:52:45 | |
Shirov 's is a really important
issue and it's not just a | 6:52:45 | 6:52:49 | |
transitional issue it is a rule of
law issue. It's about legal | 6:52:49 | 6:52:54 | |
certainty and I have to say she's
absolutely right to raise and she | 6:52:54 | 6:52:57 | |
may agree with me that the
government is going to have to deal | 6:52:57 | 6:53:00 | |
with this. Ultimately, it's a
fundamental principle of law that | 6:53:00 | 6:53:05 | |
people should be able to have that
certainty when they commence action. | 6:53:05 | 6:53:11 | |
He is also my neighbour in
Buckinghamshire and knows I have | 6:53:11 | 6:53:15 | |
been preoccupied with this for some
time and of course there is that | 6:53:15 | 6:53:20 | |
principle of UK law called
legitimate expectation, which is | 6:53:20 | 6:53:24 | |
based on principles of natural
justice and fairness and seeks to | 6:53:24 | 6:53:28 | |
prevent authorities from abusing
power and I think that is most | 6:53:28 | 6:53:30 | |
important. Essentially, this
principle ensures that rules cannot | 6:53:30 | 6:53:35 | |
be changed halfway through the game
if an individual had a reasonable | 6:53:35 | 6:53:41 | |
expectation they would continue.
Changes to UK law can only happen, | 6:53:41 | 6:53:46 | |
they can only apply from a point in
the future onwards, they cannot be | 6:53:46 | 6:53:51 | |
applied in the past so anyone
lodging court proceedings can do so | 6:53:51 | 6:53:55 | |
knowing that the rules that applied
at the time they lodged those | 6:53:55 | 6:53:58 | |
proceedings will apply to their
case. If that was not so, then the | 6:53:58 | 6:54:04 | |
law could be retrospectively changed
in favour of the state. I give way. | 6:54:04 | 6:54:11 | |
She is making a powerful case and I
agree with her about the need to | 6:54:11 | 6:54:16 | |
deal with the Francovich issue. As
she served as the member of the | 6:54:16 | 6:54:21 | |
Parliamentary assembly Council of
Europe, which we agree with me that | 6:54:21 | 6:54:24 | |
to leave people without law in these
cases and to bridge that more of | 6:54:24 | 6:54:30 | |
expectation would not be consistent
without people being given their | 6:54:30 | 6:54:33 | |
full entitlement under our
commitments as part of the Council | 6:54:33 | 6:54:37 | |
of Europe will stop he served with
great distinction on the Council of | 6:54:37 | 6:54:45 | |
Europe and I am thrilled to have
input on the Council of Europe today | 6:54:45 | 6:54:49 | |
and I think it is, with several
colleagues across the benches, and I | 6:54:49 | 6:54:55 | |
happen to think that this is
extremely important, as is our | 6:54:55 | 6:55:00 | |
membership of the Council of Europe
and I think my honourable friend is | 6:55:00 | 6:55:04 | |
right, it will be looked at with
some suspicion by the other 46 | 6:55:04 | 6:55:10 | |
members of the Council of Europe.
For that reason I think it's | 6:55:10 | 6:55:18 | |
important that if we change the law
with this Bill, changes that result | 6:55:18 | 6:55:22 | |
from this Bill only apply from a
point in the future, so that | 6:55:22 | 6:55:28 | |
individuals can rely on the law as
it has stood up to the point that | 6:55:28 | 6:55:33 | |
the law changed. I give way. I am
sympathetic to the arguments she is | 6:55:33 | 6:55:39 | |
putting forward. Following on the
intervention from the member for | 6:55:39 | 6:55:45 | |
Bromley and Chislehurst, does she
not agree with me that if people's | 6:55:45 | 6:55:48 | |
legitimate expectations and right to
effective remedy is withdrawn as a | 6:55:48 | 6:55:53 | |
result of government action then
those individuals might have caused | 6:55:53 | 6:55:57 | |
for action against the government
under the EEC HR? -- EEC HR. What I | 6:55:57 | 6:56:09 | |
am trying to do here is to give the
government and opportunity to | 6:56:09 | 6:56:12 | |
examine this because I think it is
so serious and I also think that no | 6:56:12 | 6:56:15 | |
British government would want the
sort of unfairness thrown up by this | 6:56:15 | 6:56:20 | |
anomaly if you like that has arisen
from the way the bill is drafted. | 6:56:20 | 6:56:24 | |
The repeal bill already states in
schedule eight, part four, 23, that | 6:56:24 | 6:56:34 | |
Francovich can continue and rely on
principles however I think there is | 6:56:34 | 6:56:38 | |
an error in the bill in that the
bill does not allow anyone who has | 6:56:38 | 6:56:42 | |
commenced an action prior to the day
of exit the right of a reference to | 6:56:42 | 6:56:46 | |
the European Court which they could
have reasonably expected when | 6:56:46 | 6:56:51 | |
lodging their claim in court prior
to Brexit. I'm grateful to her. That | 6:56:51 | 6:56:59 | |
must be wrong as well. In the past
when we have had references to the | 6:56:59 | 6:57:04 | |
Privy Council, for example, and the
country has terminated those | 6:57:04 | 6:57:07 | |
references, the references have
continued after the date of | 6:57:07 | 6:57:12 | |
termination until all the cases
going through the system are | 6:57:12 | 6:57:15 | |
completed so it must follow that
references to the ECJ, CJ you | 6:57:15 | 6:57:19 | |
perhaps to give it its full title,
must be able to continue after the | 6:57:19 | 6:57:24 | |
date of exit. He is making the same
point as I am trying to make with my | 6:57:24 | 6:57:31 | |
intervention at this stage because
the bill does not allow anyone who | 6:57:31 | 6:57:35 | |
has suffered harm calls an act of
the state in the period prior to the | 6:57:35 | 6:57:40 | |
day of exit the right to lodge a
claim under the rules as they stood | 6:57:40 | 6:57:44 | |
at the time. I am grateful to you
for giving way. This is incredibly | 6:57:44 | 6:57:53 | |
important for people such as those
in my constituency who are | 6:57:53 | 6:57:58 | |
potentially facing issues
surrounding HS two where there may | 6:57:58 | 6:58:03 | |
be a right of claim that arises
between now and exit day, whenever | 6:58:03 | 6:58:09 | |
that is set and it is absolutely
vital that in that period their | 6:58:09 | 6:58:12 | |
rights are not changed. She is
leading me down a path I would don't | 6:58:12 | 6:58:18 | |
wish to go. I was hoping I could
make my contribution today without | 6:58:18 | 6:58:27 | |
mentioning HST but the problem is if
I don't mention it, then someone | 6:58:27 | 6:58:30 | |
else does but I agree with him
entirely and I think to deny people | 6:58:30 | 6:58:33 | |
these rights would be an abuse.
Retrospective removal of rights | 6:58:33 | 6:58:38 | |
which is leaked principles of
legitimate expectation because | 6:58:38 | 6:58:45 | |
people have and expect taking at
their grievances should be heard at | 6:58:45 | 6:58:47 | |
the time they were affected so it's
for this reason I am proposing these | 6:58:47 | 6:58:52 | |
minor amendments to the bill that I
believe don't undermine the overall | 6:58:52 | 6:58:57 | |
effect of the bill but give some
legal certainty to those who are | 6:58:57 | 6:59:01 | |
caught in this transitionary period.
Anyone who has a claim originating | 6:59:01 | 6:59:06 | |
within the period prior to Brexit
should be able to have their claim | 6:59:06 | 6:59:09 | |
heard under the walls as they stood
prior to Brexit, including a right | 6:59:09 | 6:59:14 | |
to a reference to the European
Court. The British people voted to | 6:59:14 | 6:59:19 | |
Brexit to improve their rights and
the rights of their fellow citizens, | 6:59:19 | 6:59:22 | |
they didn't vote to cause legal
confusion or harm or frustrate the | 6:59:22 | 6:59:25 | |
rights of those in the courts during
this transitionary phrase. And the | 6:59:25 | 6:59:29 | |
bill already states that cases
occurring during the transition | 6:59:29 | 6:59:38 | |
period can continue, I think my
amendments do nothing other than | 6:59:38 | 6:59:42 | |
ensure that that happens fairly and
I really hope that the government | 6:59:42 | 6:59:46 | |
will respond positively to these
amendments and just remember that | 6:59:46 | 6:59:49 | |
justice delayed or denied is justice
denied. It's a pleasure to follow | 6:59:49 | 7:00:02 | |
the Right Honourable member who made
very thoughtful and sensible points | 7:00:02 | 7:00:08 | |
in the moving amendments which we
would support. But I rise to move | 7:00:08 | 7:00:15 | |
amendment on hundred 78 and the
consequential amendments to 79 | 7:00:15 | 7:00:19 | |
through two to 84-macro, which allow
for transitional arrangements within | 7:00:19 | 7:00:23 | |
the existing structure of rules and
regulations and I will be moving | 7:00:23 | 7:00:29 | |
amendments 306 but returned to their
separate issues later. Starting with | 7:00:29 | 7:00:35 | |
Amendment 278, this follows on from
our earlier debate around clause one | 7:00:35 | 7:00:42 | |
but it brings into even sharper
focus the issue of the court of | 7:00:42 | 7:00:46 | |
justice of the European Union's
jurisdiction during a transition | 7:00:46 | 7:00:49 | |
period. As I said in the previous
bait and my honourable friend the | 7:00:49 | 7:00:54 | |
member for Nottingham East has
highlighted in this debate there can | 7:00:54 | 7:00:59 | |
be no transitional period on current
terms as the Prime Minister wishes | 7:00:59 | 7:01:03 | |
without that jurisdiction. The
foreign speech has been much quoted | 7:01:03 | 7:01:12 | |
already -- the Florence speech has
been much credibility refer to it | 7:01:12 | 7:01:14 | |
one more time, briefly. The Prime
Minister made the speech after the | 7:01:14 | 7:01:22 | |
bill was published and so perhaps in
its early drafting it didn't have | 7:01:22 | 7:01:28 | |
the opportunity to accommodate the
emphasis that she put in it on, and | 7:01:28 | 7:01:32 | |
I quote, the "Important steps that
have added an impetus to the | 7:01:32 | 7:01:38 | |
process." And she said to the second
of those steps, "I propose a | 7:01:38 | 7:01:44 | |
time-limited in meditation period
based on current terms, which is in | 7:01:44 | 7:01:48 | |
interest of both the UK the EU."
Except in the case made by business | 7:01:48 | 7:01:53 | |
and trade unions and crucially,
game, making the point that it is on | 7:01:53 | 7:01:58 | |
current terms. As I said in the
earlier debates, we were pleased she | 7:01:58 | 7:02:03 | |
caught up with Labour on this
position but seven weeks on from the | 7:02:03 | 7:02:10 | |
Florence speech, the government have
failed to reflect the ambition of | 7:02:10 | 7:02:16 | |
her minister had them in any
amendments to the Bill. They have | 7:02:16 | 7:02:19 | |
come up with the bizarre amendments
we debated around clause one but | 7:02:19 | 7:02:25 | |
they failed to address that ambition
and so we have helped police stepped | 7:02:25 | 7:02:33 | |
in with Amendment 278 to 284 to fill
that gap. These amendments mean in | 7:02:33 | 7:02:39 | |
relation to the jurisdiction of the
court of justice, exit day should | 7:02:39 | 7:02:43 | |
come at the end of the transitional
period and for a simple reason. | 7:02:43 | 7:02:47 | |
Without acceptance of the continuing
role of the course of justice during | 7:02:47 | 7:02:50 | |
the transition, the idea that the
meditation period based on current | 7:02:50 | 7:02:56 | |
terms could it happen in the way the
Prime Minister described is, | 7:02:56 | 7:02:59 | |
frankly, delusional. The government
have a choice. I get the feeling | 7:02:59 | 7:03:06 | |
there is a bit of cart before the
horse here. No transitional | 7:03:06 | 7:03:12 | |
implementation has yet been agreed.
It has got to be part of the deal | 7:03:12 | 7:03:17 | |
and it would be a mistake for this
House to start putting things into | 7:03:17 | 7:03:21 | |
this bill in the expectation of
certain things, which may may not | 7:03:21 | 7:03:25 | |
happen and that is why my right
honourable friend has announced a | 7:03:25 | 7:03:30 | |
separate act of Parliament to
implement any agreement when these | 7:03:30 | 7:03:33 | |
things are dealt with. This bill is
a much simpler bill than the | 7:03:33 | 7:03:37 | |
opposition would like be. There are
some strands of fair comment in that | 7:03:37 | 7:03:48 | |
intervention, which is precisely why
we are moving our amendments because | 7:03:48 | 7:03:52 | |
we don't want the government in
relation to the debate we had | 7:03:52 | 7:03:57 | |
previously, we didn't want to see
the government closing down options | 7:03:57 | 7:04:00 | |
and without clear jurisdiction of
the Court of justice during a | 7:04:00 | 7:04:07 | |
transitional period, options would
be closed down. I won't, I have... I | 7:04:07 | 7:04:19 | |
gave way many, many times during the
previous debate and I'm conscious | 7:04:19 | 7:04:23 | |
that there are many more amendments
to this clause. I've said no. I want | 7:04:23 | 7:04:31 | |
to give others the opportunity. I
took every single intervention, I | 7:04:31 | 7:04:35 | |
think with the exception of one of
my honourable friends, towards the | 7:04:35 | 7:04:38 | |
end of the last debate so I just
want to make some progress. The | 7:04:38 | 7:04:45 | |
government have a choice to make
today and... I wish honourable | 7:04:45 | 7:04:55 | |
members would stop chuntering. The
government have a choice to make | 7:04:55 | 7:04:58 | |
today and they have to make it on
our amendments to hundred 78. For | 7:04:58 | 7:05:03 | |
goodness' sake, the honourable
member could do better than that, | 7:05:03 | 7:05:07 | |
even from a sedentary position. We
are... Go on, just ignore him. I | 7:05:07 | 7:05:20 | |
have explained why, in interest of
other members, having taken every | 7:05:20 | 7:05:26 | |
single intervention, of which came
from government benches in the last | 7:05:26 | 7:05:30 | |
debate, I'm not going to on this
occasion. He can chant on... Ignore | 7:05:30 | 7:05:35 | |
him. The government have a choice to
make today and it is a choice on | 7:05:35 | 7:05:40 | |
Amendment 200 78. Are they serious
about pursuing a transitional period | 7:05:40 | 7:05:45 | |
and ensuring the economy does not
fall off a cliff edge in March 2019 | 7:05:45 | 7:05:50 | |
when we leave the U or does the
ideological breadline on the cause | 7:05:50 | 7:05:53 | |
of justice take greater priority
than jobs and livelihoods of people | 7:05:53 | 7:05:57 | |
in this country? But there are other
issues to be addressed on this | 7:05:57 | 7:06:03 | |
clause, too, and our amendments 306
seeks to do that. It makes provision | 7:06:03 | 7:06:07 | |
for UK courts to take account of
court of justice sessions on | 7:06:07 | 7:06:14 | |
entitlements, rights and
protections, employment equality and | 7:06:14 | 7:06:16 | |
health and safety and the intention
of the amendment is to help to | 7:06:16 | 7:06:20 | |
ensure we maintain and keep up with
the social standards within the EU, | 7:06:20 | 7:06:26 | |
not simply holding our workers and
equality writes in status but to | 7:06:26 | 7:06:34 | |
keep up as the EU 27 move forward.
The EU have made it very clear that | 7:06:34 | 7:06:40 | |
they will want a level playing field
in all of these areas if we are to | 7:06:40 | 7:06:44 | |
strike an effective trade deal. We
are regularly told that the | 7:06:44 | 7:06:49 | |
government doesn't want to erode
rights and protections but we have a | 7:06:49 | 7:06:57 | |
Prime Minister who has repeatedly
criticised the social chapter and a | 7:06:57 | 7:07:01 | |
Foreign Secretary who decried the
back breaking weight of EU | 7:07:01 | 7:07:05 | |
employment legislation so we do have
two ensure that we secure the clear | 7:07:05 | 7:07:09 | |
guarantees in this bill. Our
Amendment 306 addresses the concerns | 7:07:09 | 7:07:15 | |
of the former president of the UK
supreme court. On the 8th of August | 7:07:15 | 7:07:21 | |
he raised concerns about clause six,
section two and the position in | 7:07:21 | 7:07:26 | |
which left the judiciary on the
interpretation of EU retained law | 7:07:26 | 7:07:30 | |
saying that a court or tribunal need
not have regard to anything done on | 7:07:30 | 7:07:35 | |
or after exit today by the European
Court, another EU entity or the EU | 7:07:35 | 7:07:41 | |
but may do so if it considers it
appropriate to do so. He has said in | 7:07:41 | 7:07:47 | |
relation to that clause if the
government doesn't express clearly | 7:07:47 | 7:07:50 | |
what the judges should do about
decisions that the ECJ after Brexit | 7:07:50 | 7:07:54 | |
or about any topic after Brexit then
the judges will have to do their | 7:07:54 | 7:07:59 | |
best. | 7:07:59 | 7:08:05 | |
Our amendment 306 six to address
those concerns by removing the vague | 7:08:05 | 7:08:12 | |
reference to, if it considers it
appropriate to do so, and requires | 7:08:12 | 7:08:16 | |
UK courts to take account of, to
take account of, Court of Justice | 7:08:16 | 7:08:22 | |
decisions in relation to employment,
equality and health and save the | 7:08:22 | 7:08:24 | |
right. We do need to resolve this.
Isn't part of the problem that this | 7:08:24 | 7:08:43 | |
is an area of law which has quite a
political aspect to it because in | 7:08:43 | 7:08:51 | |
reality, this law has been in trench
when it has come from the EU and | 7:08:51 | 7:08:55 | |
also represents a number of areas
that have been treated by some as | 7:08:55 | 7:09:01 | |
being fundamental rights. The
difficulty therefore the judiciary | 7:09:01 | 7:09:04 | |
is that they are going to be asked
to continue into Britain and this | 7:09:04 | 7:09:07 | |
law without, and I think this is the
nub of it, a real political guidance | 7:09:07 | 7:09:13 | |
as to what emphasis they should a
tribute to it. In light of the | 7:09:13 | 7:09:23 | |
emphasis it has been given in the
past. So it is not just any old law | 7:09:23 | 7:09:27 | |
but something rather more complex
and more sensitive for the | 7:09:27 | 7:09:30 | |
interpretation. The right honourable
member is right and it's that which | 7:09:30 | 7:09:37 | |
we are seeking to address with our
amendment 306. Let me come briefly | 7:09:37 | 7:09:42 | |
to some of the other amendments that
are to be discussed. We very much | 7:09:42 | 7:09:50 | |
support new clause 14 in the name of
the right honourable member for | 7:09:50 | 7:09:56 | |
Nottingham East, which sensibly
calls for a report to be laid before | 7:09:56 | 7:09:59 | |
Parliament on the interpretation of
EU law during a transitional period. | 7:09:59 | 7:10:04 | |
We also support amendment 137 which
seeks to have UK courts pay due | 7:10:04 | 7:10:14 | |
regard to decisions when discussing
new categories of retained EU law. | 7:10:14 | 7:10:27 | |
And matters pending on exit date to
be referred, which is clearly common | 7:10:27 | 7:10:33 | |
sense. We think that amendment 357,
moved by the Right honourable member | 7:10:33 | 7:10:48 | |
for Bromley and Chislehurst raises
important issues and looking forward | 7:10:48 | 7:10:51 | |
to the Minister's clarification on
those and would support 358, which | 7:10:51 | 7:10:57 | |
helps, in our view, with the
interpretation of EU retained law. | 7:10:57 | 7:11:02 | |
But I would end on the same note I
began and urged the government to | 7:11:02 | 7:11:06 | |
accept our amendment 278 and its
consequential amendments and, in | 7:11:06 | 7:11:13 | |
doing so, to put aside their
obsession with the ECJ so that we | 7:11:13 | 7:11:18 | |
can ensure an effective transitional
deal with the EU, which they, we, | 7:11:18 | 7:11:23 | |
business and trade unions want to
achieve. | 7:11:23 | 7:11:27 | |
Minister, Mr Dominic Raab.
I rise to move that clause six | 7:11:27 | 7:11:34 | |
stands part of the Bill. It is a
great privilege as well as a | 7:11:34 | 7:11:39 | |
pleasure to speak on behalf of of
the government on this essential | 7:11:39 | 7:11:42 | |
Bill, and in particular on this
particular clause and the varied | 7:11:42 | 7:11:45 | |
amendments to it. The Bill is
complex but, at root, it boils down | 7:11:45 | 7:11:54 | |
to achieving two Basic but
fundamental objectives and I think | 7:11:54 | 7:11:56 | |
it's worth bearing those in mind as
we proceed through both the clause | 7:11:56 | 7:12:02 | |
and the amendments. First we are
delivering on the referendum by | 7:12:02 | 7:12:05 | |
taking back control over our laws.
The number one reason people voted | 7:12:05 | 7:12:10 | |
to leave the EU in the referendum.
And the second thing that this Bill | 7:12:10 | 7:12:15 | |
does is make sure there is legal
certainty, a smooth transition for | 7:12:15 | 7:12:21 | |
citizens and businesses, mitigating
one of the key risks of Brexit that | 7:12:21 | 7:12:25 | |
I think is felt whether you voted
leave or remain. I give way. On the | 7:12:25 | 7:12:31 | |
issue of certainty, I think it is
essential that the Supreme Court | 7:12:31 | 7:12:35 | |
does have certainty. The first part
of subsection two is admirably | 7:12:35 | 7:12:42 | |
clear. A court or tribunal need not
have regard for anything done or or | 7:12:42 | 7:12:47 | |
after exit date. I think Lord
Newberg has got a point and I give | 7:12:47 | 7:12:57 | |
it Minister and opportunity now to
make clear the government's | 7:12:57 | 7:13:00 | |
position. I thank my honourable
friend and I am going to come onto | 7:13:00 | 7:13:07 | |
that one later on but the basic
point I make at the outset is the | 7:13:07 | 7:13:10 | |
various clauses and the amendment
should respectively be judged | 7:13:10 | 7:13:18 | |
accordingly to those two basic
strategic objectives, taking control | 7:13:18 | 7:13:21 | |
of our laws and making sure there is
a smooth transition. Clause six sets | 7:13:21 | 7:13:26 | |
out how once we have taken back
control over EU law, retained EU | 7:13:26 | 7:13:32 | |
law, should be interpreted on or
after exit date. It makes clear that | 7:13:32 | 7:13:36 | |
once the UK leaves the EU, domestic
courts will not be able to refer | 7:13:36 | 7:13:40 | |
cases to the European Court. An
affirmation of the supremacy of our | 7:13:40 | 7:13:46 | |
comb courts and our own legal order.
He is making a very powerful case. | 7:13:46 | 7:13:55 | |
The Select Committee that I'd share
has looked at the applications for | 7:13:55 | 7:14:02 | |
equality law. At the moment,
individuals can take cases to the | 7:14:02 | 7:14:07 | |
Court of justice for the EU and gain
decisions there that may have a | 7:14:07 | 7:14:13 | |
great impact on their lives. They
will not be able to do that in | 7:14:13 | 7:14:17 | |
future. What will my honourable
friend say to the government looking | 7:14:17 | 7:14:20 | |
further at this at how domestic
ports might be able to assess the | 7:14:20 | 7:14:26 | |
compatibility of UK law with
equality law to make sure that in | 7:14:26 | 7:14:32 | |
the future we don't have any
problems with the way our law | 7:14:32 | 7:14:36 | |
develops in this area? Can I first
of all thank my right honourable | 7:14:36 | 7:14:42 | |
friend, the member for Basingstoke,
for her intervention and for | 7:14:42 | 7:14:47 | |
highlighting what I except is an
important issue in the very | 7:14:47 | 7:14:49 | |
constructive way that she has done.
I look carefully at her report, and | 7:14:49 | 7:14:56 | |
I had discussions with the
equalities minister is on the points | 7:14:56 | 7:14:59 | |
she has made today I can tell the
House that we have now commissioned | 7:14:59 | 7:15:04 | |
work to be done on an amendment that
the government table before report | 7:15:04 | 7:15:09 | |
stage and it will require ministers
to make a statement before the House | 7:15:09 | 7:15:12 | |
in the presentation of any Brexit
related primary or secondary | 7:15:12 | 7:15:18 | |
legislation on whether or how it is
consistent with the equalities act, | 7:15:18 | 7:15:21 | |
and I hope that gives my right
honourable friend the reassurance | 7:15:21 | 7:15:24 | |
she needs that the government is
serious about addressing the very | 7:15:24 | 7:15:27 | |
legitimate point that she has
raised. The point I was making | 7:15:27 | 7:15:31 | |
before the intervention was that
once the UK leaves the EU, domestic | 7:15:31 | 7:15:37 | |
courts will be able to refer cases
to the European Court of Justice. It | 7:15:37 | 7:15:43 | |
also provides that domestic courts
and tribunals will not be bound or | 7:15:43 | 7:15:48 | |
required to have regard to ECJ
decisions made after Brexit. | 7:15:48 | 7:15:53 | |
Instead, could I just finished my
Trail because I am at risk of | 7:15:53 | 7:16:00 | |
answering the question before he
puts it. Instead, UK courts will be | 7:16:00 | 7:16:04 | |
able to take those post-Brexit
judgments into account when they | 7:16:04 | 7:16:07 | |
make decisions, if they consider it
appropriate to do so. As they can | 7:16:07 | 7:16:15 | |
with the judgments of courts on
other jurisdictions, common law | 7:16:15 | 7:16:18 | |
around the Commonwealth and
elsewhere. I give way to my right | 7:16:18 | 7:16:22 | |
honourable friend. I am most
grateful to my honourable friend for | 7:16:22 | 7:16:26 | |
giving way. The point I think, there
are number of different points that | 7:16:26 | 7:16:32 | |
feature in all this, but clearly one
of the points about the legal that | 7:16:32 | 7:16:35 | |
was raised earlier is that it is one
thing to be able to take a case to | 7:16:35 | 7:16:41 | |
the Supreme Court but, if under a
previous sector regime you could | 7:16:41 | 7:16:44 | |
take it as a reference to the ECJ,
then has the government considered | 7:16:44 | 7:16:51 | |
the propriety issues surrounding
removing that right for a case which | 7:16:51 | 7:16:55 | |
is currently... Which is current.
The government may be able to | 7:16:55 | 7:17:02 | |
provide President and justification
for what it is doing but it does | 7:17:02 | 7:17:07 | |
trouble me, and simply for the sake
of trying to get rid of the ECJ in | 7:17:07 | 7:17:11 | |
one fell swoop, which I think is
going to be rather difficult anyway | 7:17:11 | 7:17:15 | |
for other reasons, it just strikes
me as an odd way of going about it. | 7:17:15 | 7:17:21 | |
I thank my right honourable and
learned friend. I am hoping I can | 7:17:21 | 7:17:25 | |
give him some reassurance as we
progress through committee stage. | 7:17:25 | 7:17:29 | |
Some of what he is talking about
pledges on clause five as much as | 7:17:29 | 7:17:33 | |
clause six, but let me have a go at
it today. For as long as retained EU | 7:17:33 | 7:17:37 | |
law... I will give way to the
chairman of the Select Committee. | 7:17:37 | 7:17:42 | |
Since the Prime Minister has
accepted that in a transitional | 7:17:42 | 7:17:49 | |
period the European Court of Justice
would govern the rules we are part | 7:17:49 | 7:17:55 | |
of, could he explain to the House
how that is compatible with clauses | 7:17:55 | 7:18:00 | |
five and six as currently drafted,
which say that it would have no | 7:18:00 | 7:18:05 | |
further sway after Exit day? And in
that case, could you tell us whether | 7:18:05 | 7:18:14 | |
the government intends to amend this
Bill as it proceeds through | 7:18:14 | 7:18:19 | |
committee, to recognise those two
things, or does he propose to do it | 7:18:19 | 7:18:25 | |
in the new Bill that the Secretary
of State announced house yesterday? | 7:18:25 | 7:18:30 | |
I think he has answered his own
question. The point is that we will | 7:18:30 | 7:18:35 | |
be producing separate primary
legislation to deal with the | 7:18:35 | 7:18:37 | |
withdrawal agreement and the terms
of any transition. We shouldn't be | 7:18:37 | 7:18:41 | |
putting the cart before the horse.
What this is about is making sure | 7:18:41 | 7:18:45 | |
that we have all the means at our
disposal to make sure we can | 7:18:45 | 7:18:48 | |
implement in UK law any deal and the
terms of that deal as and when it is | 7:18:48 | 7:18:53 | |
struck. If he could allow me, I am
going to make a little bit of | 7:18:53 | 7:18:59 | |
progress because I suspect some of
these queries will be raised and | 7:18:59 | 7:19:05 | |
addressed in relation to the
specific amendments that others have | 7:19:05 | 7:19:10 | |
tabled. The point is, in relation to
clause six, that for as long as | 7:19:10 | 7:19:15 | |
retained EU law remains in force in
the UK, it is essential that there | 7:19:15 | 7:19:19 | |
is a common understanding of what
that law means. That is critical for | 7:19:19 | 7:19:23 | |
legal certainty and, in real terms,
the very predictability of law that | 7:19:23 | 7:19:28 | |
businesses and individuals rely on
everyday as they go about their | 7:19:28 | 7:19:31 | |
lives. We want to provide the
greatest possible certainty. I | 7:19:31 | 7:19:39 | |
suspect it is a shared objective.
The question is how we achieve it. | 7:19:39 | 7:19:43 | |
Clause six ensures that UK law
must... | 7:19:43 | 7:19:57 | |
I am going to make a little bit more
progress and then I will give way to | 7:19:58 | 7:20:02 | |
my right honourable friend. The
intention, and this is the crucial | 7:20:02 | 7:20:07 | |
point, reflected in clause six is
not a fossilised past decisions of | 7:20:07 | 7:20:11 | |
the ECJ for ever and a day. Clause
six provides that our Supreme Court | 7:20:11 | 7:20:15 | |
and the High Court of judiciary in
Scotland will be able to depart from | 7:20:15 | 7:20:21 | |
pre-exit caselaw and in doing so
they will apply the same test they | 7:20:21 | 7:20:27 | |
do from their own caselaw in the
ordinary way. We have, in my view, | 7:20:27 | 7:20:34 | |
the finest judiciary in the world.
Our courts are fiercely independent | 7:20:34 | 7:20:38 | |
of government. They have proof that
during the Brexit process already. | 7:20:38 | 7:20:43 | |
Clause six provides them with
clarity about how they should | 7:20:43 | 7:20:47 | |
interpret the change to EU law after
Brexit and as we take back control | 7:20:47 | 7:20:51 | |
over our laws it must be right that
the UK Supreme Court, not the | 7:20:51 | 7:20:55 | |
European Court of Justice in
Luxembourg, has the last word on the | 7:20:55 | 7:20:58 | |
laws of the land. It is of paramount
importance therefore that this | 7:20:58 | 7:21:03 | |
clause stands part of the Bill. I
give way to my right honourable | 7:21:03 | 7:21:10 | |
friend. The minister is being very
helpful on one aspect of the Bill, | 7:21:10 | 7:21:15 | |
which is how government thinks ECJ
should be interpreted once we have | 7:21:15 | 7:21:20 | |
finally exited but he is
sidestepping the key point put to | 7:21:20 | 7:21:23 | |
him by the honourable member for
Leeds opposite. Clause six as it | 7:21:23 | 7:21:29 | |
stands does not reflect current
government policy. It is not putting | 7:21:29 | 7:21:33 | |
the cart before the horse to say,
shouldn't current government policy, | 7:21:33 | 7:21:40 | |
as represented in the Florence
speech, be reflected in this Bill? | 7:21:40 | 7:21:46 | |
The fact is, the government is
seeking, expecting, contemplating, | 7:21:46 | 7:21:52 | |
the real possibility of a transition
period during which we will say in | 7:21:52 | 7:21:57 | |
the single market and the customs
union and the jurisdiction of the | 7:21:57 | 7:22:02 | |
courts. Why is a Bill being
presented and urged by the | 7:22:02 | 7:22:05 | |
government which is totally... It is
government policy supported by the | 7:22:05 | 7:22:15 | |
official opposition, why isn't it in
the government Bill? I am going to | 7:22:15 | 7:22:20 | |
turn to that precise point in the
context of new clause 14, tabled by | 7:22:20 | 7:22:26 | |
the honourable gentleman and member
for Nottingham East. This amendment | 7:22:26 | 7:22:31 | |
refers to the transitional period
after the UK exits from the EU and I | 7:22:31 | 7:22:36 | |
thought he put these points in a
perfectly reasonable way. From the | 7:22:36 | 7:22:41 | |
government's perspective, and I
think this is widely shared, we will | 7:22:41 | 7:22:44 | |
need to build a bridge from our exit
a future partnership to allow | 7:22:44 | 7:22:48 | |
businesses and people time to adjust
and to allow new systems to be put | 7:22:48 | 7:22:51 | |
in place. It makes sense for there
to be only one set of changes, that | 7:22:51 | 7:22:56 | |
is a point I have heard from the
other side of the House this | 7:22:56 | 7:22:59 | |
afternoon. We therefore propose a
time-limited implementation period | 7:22:59 | 7:23:03 | |
during which access to one another's
markets should continue on current | 7:23:03 | 7:23:07 | |
terms and Britain should continue to
take part in existing security | 7:23:07 | 7:23:10 | |
measures. We are aiming to agree the
detailed arrangements of this | 7:23:10 | 7:23:15 | |
implementation period as early as
possible to provide that certainty | 7:23:15 | 7:23:19 | |
for citizens and businesses. This
must not mean some form of | 7:23:19 | 7:23:24 | |
indefinite transitional status. That
would not be good for Britain, that | 7:23:24 | 7:23:29 | |
wouldn't be good for the EU. We need
some finality in the interests of | 7:23:29 | 7:23:34 | |
legal certainty. The amendment from
the honourable gentleman... Would | 7:23:34 | 7:23:41 | |
procedurally oblige the government
to set out how it retained EU law is | 7:23:41 | 7:23:48 | |
implemented. | 7:23:48 | 7:23:53 | |
Such a report would have to be
labelled within one month of the | 7:23:53 | 7:23:57 | |
bill. This House is quite rightly
concerned to understand the details | 7:23:57 | 7:24:02 | |
of any in the meditation period and
Howard would function however the | 7:24:02 | 7:24:06 | |
points of detail are a matter for
the diplomacy and the negotiations. | 7:24:06 | 7:24:11 | |
Imposing a fixed timescale for such
in this area would be unnecessary | 7:24:11 | 7:24:17 | |
and arbitrary. They risks running
out of sync with the actual process | 7:24:17 | 7:24:21 | |
of the negotiations. It puts the
cart before the horse and I hope the | 7:24:21 | 7:24:29 | |
honourable gentleman will agree and
I sensed in his speech he recognised | 7:24:29 | 7:24:31 | |
that his amendment has also now been
rendered redundant by the statement | 7:24:31 | 7:24:37 | |
made to the House yet they buy my
right honourable friend the | 7:24:37 | 7:24:43 | |
Secretary of State for Exiting the
EU new Mac and making it clear | 7:24:43 | 7:24:45 | |
governance will introduce
legislation in fermenting a | 7:24:45 | 7:24:47 | |
withdrawal agreement and the terms
of any fermentation period. There | 7:24:47 | 7:24:51 | |
will be full transparency and
accountability to this House on the | 7:24:51 | 7:24:57 | |
issue the honourable gentleman feels
strongly about and I would urge to | 7:24:57 | 7:24:59 | |
withdraw his amendment. He is
suggesting that this detail, the | 7:24:59 | 7:25:11 | |
legal architectural framework for
the transitional period would be set | 7:25:11 | 7:25:14 | |
out in the bill that he brings
forward for the meditation period | 7:25:14 | 7:25:20 | |
but it's -- the implementation
period but it's only possible to | 7:25:20 | 7:25:24 | |
agree with that plan if he is
guaranteeing that Royal assent for | 7:25:24 | 7:25:29 | |
that implementation act will come in
ample time before exits day because | 7:25:29 | 7:25:33 | |
it would clearly be a nonsense to
have an implementation piece of | 7:25:33 | 7:25:41 | |
legislation that leaves a vacuum
between exit day and then some later | 7:25:41 | 7:25:46 | |
date during the transition already
having been started so can he | 7:25:46 | 7:25:50 | |
guarantee that that act will be
enacted and enshrined in law well | 7:25:50 | 7:25:54 | |
before exits day? Since he
recognises that he is putting the | 7:25:54 | 7:26:00 | |
legislative cart before the
diplomatic course the implementing | 7:26:00 | 7:26:05 | |
legislation relates to the agreement
and you need to have one in place so | 7:26:05 | 7:26:11 | |
you can comply with any terms
whether they are under the | 7:26:11 | 7:26:15 | |
withdrawal arrangement, the
implementation period for the future | 7:26:15 | 7:26:17 | |
partnership deal. I will now turn
with respect to Amendment 357 from | 7:26:17 | 7:26:24 | |
my honourable friend the member for
Bromley and Chislehurst chair of the | 7:26:24 | 7:26:28 | |
Justice select committee and I will
give way. I agree with what he was | 7:26:28 | 7:26:36 | |
saying about New Clause 14. Can I
take him back to 604A. Is he saying | 7:26:36 | 7:26:40 | |
the Supreme Court is not bound to
the extent that this would enable | 7:26:40 | 7:26:46 | |
the Supreme Court to look at the
plain words of the treaties and not | 7:26:46 | 7:26:50 | |
to look at the previous expansive
the theological jurisprudence of the | 7:26:50 | 7:26:54 | |
ECJ? -- the expansive jurisprudence
of the ECJ. I'm not sure I | 7:26:54 | 7:27:03 | |
understood the forensic point he is
making but can I say this, the UK | 7:27:03 | 7:27:07 | |
courts already, it is a common
feature of the common law, take into | 7:27:07 | 7:27:11 | |
account and consider principles,
precedents from other jurisdictions | 7:27:11 | 7:27:16 | |
but they do so with full autonomy as
to how they might, where they have | 7:27:16 | 7:27:23 | |
discretion under the normal canons
of interpretation, apply it. What we | 7:27:23 | 7:27:27 | |
are seeking affectively to do is
apply the same basic principles | 7:27:27 | 7:27:29 | |
through this bill. I want to make
progress. To retained EU law and | 7:27:29 | 7:27:36 | |
interpretation of it. I want to
return to some other amendments | 7:27:36 | 7:27:40 | |
cause otherwise I will give them the
attention they deserve. I returned | 7:27:40 | 7:27:46 | |
to amendment 357 from the chair of
the select committee. He is tempting | 7:27:46 | 7:27:52 | |
but not at this moment in time! I
understand the point of 357, which | 7:27:52 | 7:27:57 | |
is there to provide a mechanism for
transposing EU law where regulations | 7:27:57 | 7:28:04 | |
have not been made under clause
seven. I can equally the key is | 7:28:04 | 7:28:08 | |
seeking to make default provision
for any gaps in the law that may | 7:28:08 | 7:28:14 | |
exist to avoid creating not just
legal uncertainty but any potential | 7:28:14 | 7:28:17 | |
legal potholes that may strew the
road that lies ahead. I hope he does | 7:28:17 | 7:28:22 | |
not mind me saying that he has
inadvertently reinforced the case of | 7:28:22 | 7:28:27 | |
clause seven because his concern
appears to be within not being used | 7:28:27 | 7:28:32 | |
comprehensively enough or the risk
that that might be the case. I share | 7:28:32 | 7:28:37 | |
his concern to avoid legal cliff
edges but also legal potholes which | 7:28:37 | 7:28:42 | |
I think he is trying to cater for.
On the issue of potholes I give way | 7:28:42 | 7:28:48 | |
to the honourable member. I
mentioned to the Prime Minister a | 7:28:48 | 7:28:52 | |
few days ago about the ad trap which
I could see coming up in the | 7:28:52 | 7:28:57 | |
transitional period if we were not
careful. -- the hair trap. Because | 7:28:57 | 7:29:02 | |
of the manner in which the European
Court operates by the European rule | 7:29:02 | 7:29:06 | |
which I know he will understand and
when you are faced with a court in | 7:29:06 | 7:29:11 | |
the transitional period operating
under that rule and not by precedent | 7:29:11 | 7:29:15 | |
we could act the end up with then
dictating to us the basis upon which | 7:29:15 | 7:29:20 | |
we would then be operating within
that transitional period. Does he | 7:29:20 | 7:29:25 | |
not agree? He makes the powerful
point in his eloquent way and let me | 7:29:25 | 7:29:31 | |
say we need to avoid traps, cliff
edges and potholes and that is what | 7:29:31 | 7:29:35 | |
this bill does. I think on all sides
of the House and whether you voted | 7:29:35 | 7:29:45 | |
Remain Leave that is what you should
all be pursuing and that is what | 7:29:45 | 7:29:48 | |
this bill does. I am not convinced I
have to say with respect to the | 7:29:48 | 7:29:53 | |
chair of the select committee that
his amendment would achieve that | 7:29:53 | 7:29:55 | |
aim. I fear despite his best
intentions and his rather ingenious | 7:29:55 | 7:30:01 | |
drafting that the amendment would
create considerably more legal | 7:30:01 | 7:30:06 | |
uncertainty, not less. I won't claim
credit for the ingenuity of the | 7:30:06 | 7:30:19 | |
drafting but if I tell him that it
comes based upon the work done by | 7:30:19 | 7:30:25 | |
the international regulatory
strategy group, one of the most | 7:30:25 | 7:30:29 | |
distinguished groups in this field,
will he think again in being totally | 7:30:29 | 7:30:32 | |
dismissing the thing and recognise
it was a serious point that needs to | 7:30:32 | 7:30:35 | |
be addressed and engage with it. I
won't dismiss it and I'm happy to | 7:30:35 | 7:30:42 | |
think as many times he wants to talk
about it at let me make a couple of | 7:30:42 | 7:30:48 | |
points to illustrate what I think
the risk of uncertainty would be. | 7:30:48 | 7:30:51 | |
His subparagraph three a four
example begs the question of whether | 7:30:51 | 7:30:57 | |
retained EU law restrains omissions
that start within the UK but may | 7:30:57 | 7:31:01 | |
have effect outside of it.
Subparagraph five a conflates | 7:31:01 | 7:31:06 | |
functions conferred on public bodies
with those of the secretary they are | 7:31:06 | 7:31:09 | |
not the same thing. I sent
underpinning this he is trying to | 7:31:09 | 7:31:14 | |
legislate in advance for unknown
unknowns and I understand that | 7:31:14 | 7:31:18 | |
temptation but there is a
countervailing but very real risk of | 7:31:18 | 7:31:22 | |
increasing rather than mitigating
the legal uncertainty if we go down | 7:31:22 | 7:31:28 | |
that path so I hope, respectively,
he can be persuaded to withdraw his | 7:31:28 | 7:31:31 | |
amendment. I will give way one more
time. In order that I might reflect | 7:31:31 | 7:31:39 | |
upon as the debate goes forth
perhaps he would like to give an | 7:31:39 | 7:31:42 | |
example of the circumstances in
which he thinks that these | 7:31:42 | 7:31:47 | |
amendments might increase legal
uncertainty rather than assisted. I | 7:31:47 | 7:31:52 | |
have just told him, I have given two
in relation to sub paragraph three a | 7:31:52 | 7:31:57 | |
and five A but I am happy to give
him some initiative examples of how | 7:31:57 | 7:32:02 | |
impractical -- in practical terms
this is not the avenue he wants to | 7:32:02 | 7:32:09 | |
go down into a legal cul-de-sac but
if he will forgive me I want to turn | 7:32:09 | 7:32:14 | |
to some other amendments to give
them due consideration in this | 7:32:14 | 7:32:17 | |
debate and in particular I want to
turn the amendment 278 and the | 7:32:17 | 7:32:22 | |
linked amendments to hundred 79 to
284 from the Leader of the | 7:32:22 | 7:32:28 | |
Opposition -- to 279 to 274
concerning exit day. The primers to | 7:32:28 | 7:32:34 | |
has made clear in her Florence
speech the UK will cease to be a | 7:32:34 | 7:32:37 | |
member of the EU on the 29th of
March 20 19. It's clear the UK will | 7:32:37 | 7:32:43 | |
leave the EU at the end of the
Article 50 process. The suggestions | 7:32:43 | 7:32:46 | |
around the caveat are wildly
unrealistic. The government has | 7:32:46 | 7:32:51 | |
itself tabled an amendment to make
sure the drafting of the bill is | 7:32:51 | 7:32:54 | |
crystal clear on this point and give
the country businesses, citizens | 7:32:54 | 7:32:59 | |
alike, certainty and a measure of
finality on this point. These | 7:32:59 | 7:33:03 | |
amendments would replace that
clarity and finality would | 7:33:03 | 7:33:05 | |
uncertainty and confusion. They
would alter the meaning of the term | 7:33:05 | 7:33:10 | |
exit day within the bill but only
for the purposes of the provisions | 7:33:10 | 7:33:13 | |
of clause six. But for those
purposes alone in the UK would not | 7:33:13 | 7:33:20 | |
leave the EU until the transitional
period. I'm afraid that would create | 7:33:20 | 7:33:26 | |
damaging legal uncertainty and they
are flawed amendments. They would | 7:33:26 | 7:33:30 | |
have the effect that for the
duration of any implementation | 7:33:30 | 7:33:35 | |
period that may be agreed and we
hope it will be and sooner rather | 7:33:35 | 7:33:38 | |
than later, all of the important
provisions on interpretation of | 7:33:38 | 7:33:43 | |
retained EU law which are set out in
this clause could not apply. They | 7:33:43 | 7:33:46 | |
could only take effect from the end
of that period. Since we have not | 7:33:46 | 7:33:53 | |
agreed yet and implementation period
with our EU partners the effect of | 7:33:53 | 7:33:56 | |
the amendment would need to create
an indefinite and indeterminate | 7:33:56 | 7:33:59 | |
transitional period and that rather
begs the question where the Labour | 7:33:59 | 7:34:04 | |
Party are serious about facilitating
the process of a smooth Brexit at | 7:34:04 | 7:34:07 | |
all. I will give way. While the
issue would be helpful if the | 7:34:07 | 7:34:14 | |
Minister could clarify is the
intention of the government to | 7:34:14 | 7:34:18 | |
accept the jurisdiction of the Court
of European Union during the | 7:34:18 | 7:34:22 | |
transitional period, yes or no? He
has the chance in his speech to make | 7:34:22 | 7:34:28 | |
his points, I am dealing with his
amendment and the very real... The | 7:34:28 | 7:34:34 | |
very real risk that with the
greatest will in the world, what Her | 7:34:34 | 7:34:38 | |
Majesty's opposition are proposing
will add rather than mitigate the | 7:34:38 | 7:34:42 | |
uncertainty that actually when we go
away from the fireworks of this | 7:34:42 | 7:34:46 | |
debate ought to be a common
endeavour of minimising apples of | 7:34:46 | 7:34:50 | |
the Secretary of State for Exiting
the EU EU made clear that there will | 7:34:50 | 7:34:53 | |
be separate primary legislation and
in any in fermentation phase so this | 7:34:53 | 7:35:00 | |
is -- and in any implementatiobn
phase. We have also been clear that | 7:35:00 | 7:35:03 | |
in leaving the EU we will bring an
end to the direct jurisdiction of | 7:35:03 | 7:35:09 | |
the European Court in the UK. Our
priority must be getting the right | 7:35:09 | 7:35:14 | |
arrangements for Britain's
relationship with the EU for the | 7:35:14 | 7:35:17 | |
long-term, which means... I am going
to make progress, I have given way | 7:35:17 | 7:35:22 | |
before, a close economic partnership
but art - regret out of the direct | 7:35:22 | 7:35:29 | |
jurisdiction of the European Court.
We want to get to that end game in a | 7:35:29 | 7:35:34 | |
smooth and orderly way. I will give
way in a second. That is why we want | 7:35:34 | 7:35:39 | |
early agreement on the
implementation period stop on that | 7:35:39 | 7:35:42 | |
much we are agreed. It may mean we
start off with the European Court | 7:35:42 | 7:35:47 | |
governing some of the rules we are
part of inner period but the | 7:35:47 | 7:35:49 | |
government is also clear that if we
can bring through a new dispute | 7:35:49 | 7:35:53 | |
mechanism we can do so. These
amendments do not allow for that. | 7:35:53 | 7:35:57 | |
They preach judge and they pre-empt
the outcome of the negotiations and | 7:35:57 | 7:36:02 | |
they introduced legislative
inflexibility by saying we must keep | 7:36:02 | 7:36:07 | |
domestic law which binds us to the
jurisdiction of the European Court | 7:36:07 | 7:36:10 | |
after we leave for the full duration
of any implementation period without | 7:36:10 | 7:36:14 | |
knowing for a second how long that
might be. The government has make in | 7:36:14 | 7:36:19 | |
the case for legal certainty, the
Labour Party is proposing a legal | 7:36:19 | 7:36:23 | |
limbo. We cannot accept that. I am
now going to turn to... I will give | 7:36:23 | 7:36:30 | |
way. I actually agree, I should make
this clear, with my honourable | 7:36:30 | 7:36:39 | |
friend about the issue of
transition. I find it difficult to | 7:36:39 | 7:36:43 | |
see how we can approach transition
in the course of this bill but there | 7:36:43 | 7:36:49 | |
is an important underlying issue
here because ultimately our future | 7:36:49 | 7:36:55 | |
relations with the EU are going to
have a very powerful bearing whether | 7:36:55 | 7:37:01 | |
it's in transition or even after
transition as to what we want EU law | 7:37:01 | 7:37:07 | |
to do and how we want it to be
interpreted, depending either on | 7:37:07 | 7:37:12 | |
transition or indeed when we have
completely gone, on the extent to | 7:37:12 | 7:37:16 | |
which we wish to be in committee
with EU law and this is the elephant | 7:37:16 | 7:37:22 | |
in the room and it's going to have
to be debated at some point as this | 7:37:22 | 7:37:25 | |
bill goes through because some of it
doesn't have to do with transition, | 7:37:25 | 7:37:30 | |
it really has to do with an entire
future relationship and it marries | 7:37:30 | 7:37:35 | |
with great difficulty with this
constant reiteration that the ECJ is | 7:37:35 | 7:37:38 | |
somehow going to disappear out of
the window. I'm grateful to my right | 7:37:38 | 7:37:45 | |
honourable friend. I agree with him
that the scope and parameters of the | 7:37:45 | 7:37:49 | |
different options is something that
will need to be settled but I think | 7:37:49 | 7:37:54 | |
he is implicitly accepting and
recognising that that is the subject | 7:37:54 | 7:37:57 | |
of the diplomacy and again as has
been said already, we cannot put the | 7:37:57 | 7:38:03 | |
legislative cart before the
diplomatic course and I fear that's | 7:38:03 | 7:38:07 | |
what the previous amendment would
do. I'm going to turn to amendment | 7:38:07 | 7:38:11 | |
to hundred and two, which is tabled
by the Honourable member for Ross | 7:38:11 | 7:38:17 | |
and sky -- amendment to hundred and
two. In leaving the EU we will bring | 7:38:17 | 7:38:23 | |
an end to the jurisdiction of the
European Court of Justice and this | 7:38:23 | 7:38:29 | |
is essential to the sovereignty of
our Parliament as we take back | 7:38:29 | 7:38:31 | |
democratic control. We understand
the desire to ensure a smooth and | 7:38:31 | 7:38:36 | |
orderly exit and continuity for
those who have commenced matters | 7:38:36 | 7:38:40 | |
before the courts before exit and
the member for Amersham made this | 7:38:40 | 7:38:47 | |
point. That is why we set out in our
July paper, which was entitled | 7:38:47 | 7:38:52 | |
ongoing judicial proceedings that we
believe the UK cases before the ECJ | 7:38:52 | 7:38:58 | |
on exit day should not be
interrupted but should be allowed to | 7:38:58 | 7:39:03 | |
continue to binding judgment. We
recognise the parties involved in | 7:39:03 | 7:39:06 | |
such cases before the ECJ will have
already gone through various stages | 7:39:06 | 7:39:11 | |
of the process, potentially
including Britain and oral | 7:39:11 | 7:39:15 | |
submissions. We don't think we
should to repeat those stages before | 7:39:15 | 7:39:18 | |
the UK courts again. | 7:39:18 | 7:39:30 | |
The amendment would provide more
uncertainty than mitigate it. This | 7:39:30 | 7:39:38 | |
Bill will convert directly
applicable EU law into domestic law | 7:39:38 | 7:39:42 | |
so our domestic courts will then
apply to those matters. And it is in | 7:39:42 | 7:39:47 | |
this way that we will have certainty
about how the jurisdiction of the | 7:39:47 | 7:39:51 | |
ECJ in the UK will be brought to an
end. But permitting the European | 7:39:51 | 7:39:56 | |
Court to continue ruling on cases
which were not before Rick | 7:39:56 | 7:40:01 | |
procedurally on the day of
withdrawal as the amendment proposes | 7:40:01 | 7:40:04 | |
would give rise to considerable
uncertainty. It would extend the | 7:40:04 | 7:40:08 | |
period under which the European
Court would continue to issue | 7:40:08 | 7:40:12 | |
judgments in respect of the UK and
it is actually impossible to predict | 7:40:12 | 7:40:15 | |
how long that may last. I am going
to make a slight bit of progress and | 7:40:15 | 7:40:20 | |
then I will give way to the
honourable lady. After exit date, | 7:40:20 | 7:40:26 | |
the UK will no longer be a member
state of the EU. Under the EU | 7:40:26 | 7:40:33 | |
treaty, the European Court itself
can only act on references made by | 7:40:33 | 7:40:38 | |
member state courts. The references
in visit by this amendment would not | 7:40:38 | 7:40:44 | |
in any event be possible. I give
way. I am sure the honourable | 7:40:44 | 7:40:49 | |
gentleman is aware of the
arrangements that were made in | 7:40:49 | 7:40:52 | |
relation to the Privvy Council when
New Zealand chose to have its own | 7:40:52 | 7:40:58 | |
Supreme Court and cases from New
Zealand are still going to the | 7:40:58 | 7:41:00 | |
Privvy Council. All we are
contemplating with these amendments | 7:41:00 | 7:41:04 | |
is a similar arrangement. I accept
the point but it is not the same | 7:41:04 | 7:41:11 | |
mechanism. I don't think it is
desirable. But I want to turn out to | 7:41:11 | 7:41:18 | |
amendment 203 by the honourable
gentleman. I will give way. I just | 7:41:18 | 7:41:25 | |
wanted clarification on that point.
If a right of action has arisen | 7:41:25 | 7:41:31 | |
before Brexit day that would have
attracted at the time that right of | 7:41:31 | 7:41:38 | |
action arose the full protections
and right to referral to the ECJ, is | 7:41:38 | 7:41:44 | |
the minister now saying that that
right will not be taken forward and | 7:41:44 | 7:41:49 | |
those rights will in effect have
been retrospectively changed? I do | 7:41:49 | 7:41:56 | |
understand the point she is making.
I don't think I would accept the | 7:41:56 | 7:42:00 | |
characterisation though. It is
absolutely right that cases that are | 7:42:00 | 7:42:04 | |
procedurally before the dock of the
court that have been lodged before | 7:42:04 | 7:42:08 | |
Exit day will continue to
conclusion. But in relation to facts | 7:42:08 | 7:42:12 | |
that may or may not give rise to a
course of action at some point in | 7:42:12 | 7:42:16 | |
the future, we would end up with a
long tail of uncertainty if we went | 7:42:16 | 7:42:20 | |
down the path Sears suggesting and
what I would say is that those cases | 7:42:20 | 7:42:25 | |
can continue good for the UK courts
because of the way we are going to | 7:42:25 | 7:42:29 | |
retain EU law, but we would have
more not less uncertainty for | 7:42:29 | 7:42:33 | |
citizens and businesses if we
allowed the access to the court that | 7:42:33 | 7:42:38 | |
she is suggesting. I will give way.
But surely the minister here is | 7:42:38 | 7:42:47 | |
ignoring the legitimate expectation
that I was talking about earlier on | 7:42:47 | 7:42:50 | |
and, quite frankly, if the
government doesn't look at this | 7:42:50 | 7:42:55 | |
again, it is going to be an abuse of
power because it removes rights from | 7:42:55 | 7:43:00 | |
individuals that actually they would
have legitimately expected to carry | 7:43:00 | 7:43:03 | |
them through to the end of the case.
She makes an interesting point about | 7:43:03 | 7:43:09 | |
legitimate expectations but I think
there's an equally legitimate | 7:43:09 | 7:43:14 | |
expectation and demand and need to
have some finality to the legal | 7:43:14 | 7:43:19 | |
arrangements and the institutional
arrangements that would give rise to | 7:43:19 | 7:43:21 | |
cases before the European Court. But
I'm going to come on if I may, I | 7:43:21 | 7:43:33 | |
would like to return to amendment
203 by the honourable gentleman and | 7:43:33 | 7:43:39 | |
related amendments 353 and 354,
which remove sub section seven of | 7:43:39 | 7:43:45 | |
clause six and then partially
reinsert the sub-clause back into | 7:43:45 | 7:43:47 | |
clause 14. Clause six, subparagraph
seven, provides for key definitions | 7:43:47 | 7:43:57 | |
of terms within the Bill which are
absolutely crucial to the proper | 7:43:57 | 7:44:02 | |
interpretation and a full
understanding of the content. The | 7:44:02 | 7:44:06 | |
sub-clause aims to leave you any
potential confusion and ensure there | 7:44:06 | 7:44:09 | |
is no vagueness or ambiguity with
the different types of retained law | 7:44:09 | 7:44:14 | |
mentioned within the Bill. That is
vital for those reading, | 7:44:14 | 7:44:18 | |
implementing and interpreting the
Bill due to the different effect | 7:44:18 | 7:44:22 | |
that each type of retained law will
have. The definitions placement | 7:44:22 | 7:44:27 | |
within clause six is specifically
designed to make the Bill easier to | 7:44:27 | 7:44:30 | |
navigate and more user-friendly by
placing the specific definitions | 7:44:30 | 7:44:35 | |
closer to where they are used and
deployed in the text. Why the | 7:44:35 | 7:44:40 | |
general definitions are set out in
clause 14 and clause 15 provides an | 7:44:40 | 7:44:48 | |
index of all the defined terms to
make the Bill easier as a reference | 7:44:48 | 7:44:53 | |
tool. To remove these definitions
from clause six and only partially | 7:44:53 | 7:44:57 | |
reinsert them into clause 14 as the
amendment suggests would undermine | 7:44:57 | 7:45:02 | |
the certainty and clarity we are
aiming to provide in this Bill. | 7:45:02 | 7:45:06 | |
Without statutory definitions of the
different types of retained law, we | 7:45:06 | 7:45:10 | |
would be creating a situation which
undermines the stability of our | 7:45:10 | 7:45:14 | |
domestic legal issues after Brexit
and exacerbate the burdens on the | 7:45:14 | 7:45:19 | |
court system. Reinserting the
definition of retained a domestic | 7:45:19 | 7:45:22 | |
case law in clause 15 does not
alleviate this is because it would | 7:45:22 | 7:45:26 | |
raise the question of why this
particular definition has been | 7:45:26 | 7:45:29 | |
included while others have not. Its
placement in the general body of | 7:45:29 | 7:45:35 | |
clause 14 away from its original use
in clause six would also make it far | 7:45:35 | 7:45:38 | |
less easy to navigate the text,
which is something we are very keen | 7:45:38 | 7:45:42 | |
to avoid. There needed to amendment
137 which is a culmination of the | 7:45:42 | 7:45:50 | |
SNP and Liberal Democrats. Clause
six, subsection two of the Bill will | 7:45:50 | 7:45:57 | |
allow for our domestic courts and
tribunal is to take into account any | 7:45:57 | 7:46:00 | |
decisions made by the European Court
on and after Exit day. This ensures | 7:46:00 | 7:46:11 | |
that our courts are not bound by the
decision of the European Court | 7:46:11 | 7:46:16 | |
whilst enabling them to consider in
subsequent case law if they believe | 7:46:16 | 7:46:19 | |
it is appropriate to do so. This is
the kind of exercise that our | 7:46:19 | 7:46:24 | |
domestic courts currently already
do. There is widespread practice | 7:46:24 | 7:46:27 | |
with judgments of cause and other
jurisdictions, particularly the | 7:46:27 | 7:46:32 | |
Commonwealth, so in principle there
is nothing new or different here. | 7:46:32 | 7:46:34 | |
The UK has always been an open and
outward looking country and our | 7:46:34 | 7:46:39 | |
legal traditions are no different.
They are a reflection of that. We | 7:46:39 | 7:46:45 | |
pay attention to the developments in
other jurisdictions. We pay | 7:46:45 | 7:46:49 | |
attention to, law jurisdictions. We
embrace these. But it is done on our | 7:46:49 | 7:46:57 | |
terms, under our control, decided by
our courts and ultimately subject to | 7:46:57 | 7:47:00 | |
the legislative will and sovereignty
of this House. So amendment 137 is | 7:47:00 | 7:47:06 | |
unnecessary as the Bill already
provides the post exit decisions of | 7:47:06 | 7:47:11 | |
the European Court can be considered
by the domestic courts. The | 7:47:11 | 7:47:15 | |
amendment would go further than
that. It would require our courts | 7:47:15 | 7:47:19 | |
and tribunals to pay would do regard
to any relevant decision of the | 7:47:19 | 7:47:22 | |
European Court. But what is due
regard mean? It is not defined. | 7:47:22 | 7:47:28 | |
Indeed, it is far from clear. It is
evidently intended to go further | 7:47:28 | 7:47:33 | |
than clause six and tacitly urge our
courts to heed or follow or Shadow | 7:47:33 | 7:47:38 | |
the Luxembourg court but there is no
parity -- clarity as to what would | 7:47:38 | 7:47:42 | |
count as due consideration. It seeks
to apply to the European Court a | 7:47:42 | 7:47:56 | |
procedural requirement that is
stronger but so vain that is likely | 7:47:56 | 7:47:59 | |
to create more not less confusion.
So I hope I have tackled or at least | 7:47:59 | 7:48:07 | |
addressed members' concerns and I
would urge them to withdraw them. I | 7:48:07 | 7:48:12 | |
now want to turn to the amendment
303, which is in the name of my | 7:48:12 | 7:48:20 | |
right honourable friend the member
for Chesham and Amersham. I want to | 7:48:20 | 7:48:23 | |
start by thanking her for moving
this amendment and explaining it in | 7:48:23 | 7:48:29 | |
a very constructive spirit which I
think she has. I recognise that she | 7:48:29 | 7:48:33 | |
is representing the interests of her
constituency with her customary | 7:48:33 | 7:48:38 | |
tenacity and at the same time I need
to take a few moments to set up why | 7:48:38 | 7:48:42 | |
we have taken the approach we have
on these issues and also the | 7:48:42 | 7:48:45 | |
difficulties that I see with the
particular amendment that she has | 7:48:45 | 7:48:51 | |
put forward. Clause six supports the
Bill's or aim of maximising | 7:48:51 | 7:48:54 | |
certainty. It is in no one's
interest for there to be a Cliffe | 7:48:54 | 7:48:59 | |
edge. That is why the Bill will mean
that the laws and rules that we have | 7:48:59 | 7:49:02 | |
now will as far as possible continue
to apply. The Bill is seeking to | 7:49:02 | 7:49:08 | |
take a slap shot of EU law and
immediately before Exit day. The | 7:49:08 | 7:49:13 | |
government has also been clear that
in leaving the EU we will be | 7:49:13 | 7:49:16 | |
bringing an end to the direct
jurisdiction of the European Court | 7:49:16 | 7:49:19 | |
of Justice in the UK. In order to
maximise | 7:49:19 | 7:49:31 | |
certainty,... Our domestic courts
and tribunals will no longer be | 7:49:33 | 7:49:41 | |
bound by or required to have regard
to any decisions of the European | 7:49:41 | 7:49:44 | |
Court after that point but they can
do so if they consider it | 7:49:44 | 7:49:48 | |
appropriate. These clear rules of
interpretation are set out in clause | 7:49:48 | 7:49:51 | |
six. I wonder whether I could try
again to asking the question. He | 7:49:51 | 7:50:02 | |
just said that the courts would be
bound by retained, by judgments by | 7:50:02 | 7:50:08 | |
the European Court about retained
law. I asked him about clause four a | 7:50:08 | 7:50:15 | |
in which it says quite specifically
the Supreme Court is not bound by | 7:50:15 | 7:50:21 | |
any retained EU case book. It seems
to us that he can have it one way or | 7:50:21 | 7:50:26 | |
the other. Which is the governing
clause? The one that says the clause | 7:50:26 | 7:50:33 | |
-- courts are bound in accordance
with previous judgments of the ECJ | 7:50:33 | 7:50:37 | |
or the one that says the Supreme
Court is not bound by that? I thank | 7:50:37 | 7:50:45 | |
my right honourable friend. The
point is that we take a snapshot of | 7:50:45 | 7:50:48 | |
EU law at the point of exit but
after that the normal rules of | 7:50:48 | 7:50:51 | |
precedent will apply which allowed
departure from any precedents that | 7:50:51 | 7:50:59 | |
apply which then comes back to the
point of how you achieve a smooth | 7:50:59 | 7:51:02 | |
and orderly transition from retained
EU law to making sure that when push | 7:51:02 | 7:51:07 | |
comes to shove, as that case law
evolves, the UK Supreme Court has | 7:51:07 | 7:51:13 | |
the last word. That is the balance
struck in this Bill. I give way. I | 7:51:13 | 7:51:20 | |
can understand that issue but there
is also another issue, which is | 7:51:20 | 7:51:25 | |
quite... Assume for a moment no
transition, no relation with the EU | 7:51:25 | 7:51:29 | |
at all, is the courts opposed to
apply EU law as currently applied or | 7:51:29 | 7:51:35 | |
are they supposed to ignore the
underlying purpose by which it is | 7:51:35 | 7:51:40 | |
constantly been applied her and in
which case what are the rules which | 7:51:40 | 7:51:46 | |
they are supposed to apply? That is
why the judiciary have expressed | 7:51:46 | 7:51:52 | |
this is real concern about what they
are supposed to do with this. It is | 7:51:52 | 7:51:55 | |
quite unclear what Parliament
intends. Forget about transition, | 7:51:55 | 7:52:01 | |
forget about a future relationship,
what are they supposed to do? They | 7:52:01 | 7:52:07 | |
have rules for interpreting this law
at the moment. Are they supposed to | 7:52:07 | 7:52:10 | |
stick to those rules when the
underlying purpose is no longer | 7:52:10 | 7:52:13 | |
there? I would be quite careful
about not prejudging or prejudicing | 7:52:13 | 7:52:19 | |
what the courts decide to do,
particularly given the thrust of | 7:52:19 | 7:52:22 | |
this Bill is to make sure the judges
have the autonomy and the discretion | 7:52:22 | 7:52:27 | |
but the reality is that this is
dealt with in the Bill and it is | 7:52:27 | 7:52:33 | |
possible for the UK courts in
relation to retained case law to | 7:52:33 | 7:52:39 | |
look at the underlying purpose or
intention of any piece of | 7:52:39 | 7:52:43 | |
legislation or any principles that
have been articulated and, moving | 7:52:43 | 7:52:46 | |
forward, they are free at their own
volition to depart from any | 7:52:46 | 7:52:50 | |
precedents in the normal way and
that is something that already | 7:52:50 | 7:52:53 | |
applies in relation to wider common
jurisdictions. The question I would | 7:52:53 | 7:52:59 | |
put back is why on earth, when we
are leaving the EU, given that we | 7:52:59 | 7:53:03 | |
are open and outward looking country
that does take account of different | 7:53:03 | 7:53:11 | |
principles from different
jurisdictions, we would put on an | 7:53:11 | 7:53:13 | |
elevated status? I am going to make
of progress. | 7:53:13 | 7:53:19 | |
It's kind, but I need to make some
progress. I need to turn back, | 7:53:20 | 7:53:26 | |
otherwise I will lose the thread in
relation to amendment 303. That | 7:53:26 | 7:53:31 | |
would be at odds with the clear and
certain position set out in the | 7:53:31 | 7:53:35 | |
bill. By continuing to bind UK
courts to some post-exit ECJ | 7:53:35 | 7:53:41 | |
decisions in case law where the
matters give rise where the case | 7:53:41 | 7:53:45 | |
occurred before our exit. Those
judgments will be continuing to be | 7:53:45 | 7:53:49 | |
binding even after the
implementation period. The amendment | 7:53:49 | 7:53:52 | |
goes further than that, it would
apply to anything happening before | 7:53:52 | 7:53:56 | |
exit date, including ECJ judgments
on cases referred from outside of | 7:53:56 | 7:54:02 | |
the UK, for example, a preliminary
reference made by a EU member state | 7:54:02 | 7:54:07 | |
might also fall within the scope of
this amendment if the facts of the | 7:54:07 | 7:54:11 | |
case were raised before exit date.
The consequences of that would-be | 7:54:11 | 7:54:17 | |
rather far-reaching and provide
practical difficulties for the Court | 7:54:17 | 7:54:22 | |
of Justice. UK courts would continue
to be banned by some ECJ adjustments | 7:54:22 | 7:54:28 | |
from an indeterminate amount of
time. These judgments would continue | 7:54:28 | 7:54:32 | |
to be an issue long after we leave
the EU as cases progress to the | 7:54:32 | 7:54:36 | |
European Court from across the EU.
And yet these judgments would not | 7:54:36 | 7:54:39 | |
have formed part of a snapshot of UK
case law on the clause six, | 7:54:39 | 7:54:51 | |
subparagraph three, and by contrast
such post-exit judgments would bind | 7:54:51 | 7:54:55 | |
our course in all circumstances,
including a retained version of EU | 7:54:55 | 7:54:59 | |
regulation had since been modified
by the Parliament or the devolved | 7:54:59 | 7:55:02 | |
administration. That would create
foreseeable and entirely avoidable | 7:55:02 | 7:55:07 | |
uncertainty. And it wouldn't be
necessary because individuals whose | 7:55:07 | 7:55:11 | |
course of action predates our exit
would of course continue to be able | 7:55:11 | 7:55:14 | |
to take their case to domestic
courts even if after exit they | 7:55:14 | 7:55:18 | |
cannot reach the European Court, and
that's the fundamental point in | 7:55:18 | 7:55:22 | |
relation to the procedural
framework. And 304 next, and then | 7:55:22 | 7:55:31 | |
the related amendment from my right
honourable friend, the member for | 7:55:31 | 7:55:36 | |
Chesham and Amersham in relation to
retaining ECJ referrals and | 7:55:36 | 7:55:41 | |
jurisdiction for anything that
happened before exit day. In leaving | 7:55:41 | 7:55:46 | |
the EU, we will bring an end to the
jurisdiction of the ECJ. We have | 7:55:46 | 7:55:50 | |
made that clear. The proposed
amendment would rather tends to | 7:55:50 | 7:55:54 | |
frustrate that objective because it
would mean our courts would continue | 7:55:54 | 7:55:57 | |
to make references to the Court of
Justice in relation to cases where | 7:55:57 | 7:56:00 | |
relevant matters have occurred
before our withdrawal from the EU. | 7:56:00 | 7:56:04 | |
As a result, different rules and
processes would apply in these cases | 7:56:04 | 7:56:09 | |
compared to those where the relevant
circumstances arose after exit day. | 7:56:09 | 7:56:14 | |
I fear that would arise more, not
less uncertainty. It would be | 7:56:14 | 7:56:19 | |
impossible to predict for how long
UK courts would continue to be | 7:56:19 | 7:56:23 | |
subject to binding judgments from
Luxembourg. When we exit the EU we | 7:56:23 | 7:56:26 | |
will know it how many pending cases
are registered with the European | 7:56:26 | 7:56:33 | |
Court awaiting preliminary reference
and is covered by any proposed | 7:56:33 | 7:56:36 | |
agreement we have with the EU on the
treatment of pending cases. That's | 7:56:36 | 7:56:40 | |
important in order to deliver
certainty on how and when the court | 7:56:40 | 7:56:44 | |
in the UK will be brought to an end.
As with amendment 303, it's not | 7:56:44 | 7:56:53 | |
necessary. Individuals will not lose
their ability to vindicate their | 7:56:53 | 7:56:57 | |
rights at court after exit. They
will be able to take those cases to | 7:56:57 | 7:57:01 | |
our domestic courts. Forgive me,
Madam Deputy Speaker and my right | 7:57:01 | 7:57:09 | |
honourable friend, the member for
Chesham and Amersham, but I thought | 7:57:09 | 7:57:12 | |
it was necessary to address the
amendments in some detail. Equally, | 7:57:12 | 7:57:16 | |
I want to say I recognise the
elegance and force with which she | 7:57:16 | 7:57:21 | |
champions their constituents, and
ministers will take away the | 7:57:21 | 7:57:23 | |
underlying issue that she has
brought and powerfully moved for | 7:57:23 | 7:57:28 | |
consideration. I hope under that
basis she will not feel she to press | 7:57:28 | 7:57:32 | |
today. I will give waist up what I
have been following his arguments | 7:57:32 | 7:57:36 | |
very carefully. With help from my
colleagues. I appreciate this is a | 7:57:36 | 7:57:44 | |
very tricky matter and it relates to
my constituent. Therefore I am | 7:57:44 | 7:57:48 | |
grateful that he has undertaken to
take these away and look at this | 7:57:48 | 7:57:53 | |
principle articulately in relation
to this case, because I feel it | 7:57:53 | 7:57:56 | |
would be most unjust. I have no love
for the European Court of Justice, I | 7:57:56 | 7:58:03 | |
don't want this bill to go
throughout the cost of justice for | 7:58:03 | 7:58:08 | |
my constituent, even know I do want
the bill to go through. I think this | 7:58:08 | 7:58:11 | |
case has thrown it into stark relief
so I am grateful for the Minister | 7:58:11 | 7:58:15 | |
for the undertaking and I look
forward to speaking to him further | 7:58:15 | 7:58:18 | |
about the matter. I think my right
honourable friend in a constructive | 7:58:18 | 7:58:23 | |
way she has gone about this and we
will take that consideration forward | 7:58:23 | 7:58:27 | |
after these proceedings. I will now
rattle through the final amendments | 7:58:27 | 7:58:30 | |
so I have given them all justice and
due consideration. Turning axed to | 7:58:30 | 7:58:36 | |
amendment 306, tabled by the
opposition. Clause six, subsection | 7:58:36 | 7:58:43 | |
two of the bill states our courts
are no longer bound by decisions of | 7:58:43 | 7:58:47 | |
the European Court after our
departure, or required to consider | 7:58:47 | 7:58:50 | |
in future cases, although they may
do so if they believed to be | 7:58:50 | 7:58:53 | |
appropriate. This clause is a vote
of confidence in our judiciary. Its | 7:58:53 | 7:59:03 | |
independence and expertise. Using
similar exercises as they currently | 7:59:03 | 7:59:05 | |
do with the judgment of courts in
other jurisdictions, our courts are | 7:59:05 | 7:59:10 | |
best placed to decide to what
extent, if any, they obey European | 7:59:10 | 7:59:16 | |
law in front of them. The intention
of clause 306 is to remove that | 7:59:16 | 7:59:21 | |
discretion and replace it with a
duty which sets which aspects of | 7:59:21 | 7:59:27 | |
European caselaw our judges must
consider, albeit only in certain | 7:59:27 | 7:59:30 | |
areas. In practice that will create
a presumption that in those areas EU | 7:59:30 | 7:59:35 | |
decisions should be followed. That
is the clear intention. It | 7:59:35 | 7:59:39 | |
undermines the purpose of clause six
in both fundamental objectives. It | 7:59:39 | 7:59:43 | |
was straight return of control to
this house and the European Supreme | 7:59:43 | 7:59:47 | |
Court and exposes the UK to
substantial additional and | 7:59:47 | 7:59:50 | |
unnecessary legal uncertainty. I
will make a little bit more | 7:59:50 | 7:59:56 | |
progress. I have given way to be
honourable lady. The singling out of | 7:59:56 | 8:00:00 | |
these particular areas of law, I
have to say, appears somewhat | 8:00:00 | 8:00:03 | |
arbitrary given other fields it
might apply to. It will lead to a | 8:00:03 | 8:00:09 | |
splitted approach. More uncertainty,
not less. In any case, it is totally | 8:00:09 | 8:00:18 | |
unnecessary. The UK has a proud
history of ensuring the rights and | 8:00:18 | 8:00:22 | |
protections of individuals in this
country. The UK has high standards | 8:00:22 | 8:00:26 | |
of protection domestically, in
relation to workers' rights, human | 8:00:26 | 8:00:30 | |
rights. We are recognised as a world
leader in delivering robust and | 8:00:30 | 8:00:34 | |
rigorous health and safety
protections. That level of | 8:00:34 | 8:00:37 | |
commitment is not dependent on our
membership of the EU. It's dependent | 8:00:37 | 8:00:41 | |
on honourable members in this house
and there it eternal vigilance. It | 8:00:41 | 8:00:44 | |
will continue to be dependent on
that after we leave. I hope The | 8:00:44 | 8:00:49 | |
Right Honourable member for
Islington North and his colleagues | 8:00:49 | 8:00:51 | |
in the Labour Party will withdraw
amendment 306. Finally I will turn | 8:00:51 | 8:00:58 | |
to amendment 358, tabled by the
chair of the Justice select | 8:00:58 | 8:01:02 | |
committee, which sets out the
ability of UK courts in regards to | 8:01:02 | 8:01:07 | |
material used in preparation of
retained EU law. I suspect this is | 8:01:07 | 8:01:11 | |
the point at which I hope I will
give some reassurance to my right | 8:01:11 | 8:01:15 | |
honourable friends for and Dorset.
Currently when interpreting EU law | 8:01:15 | 8:01:20 | |
domestically our courts will look at
the language used, as well as | 8:01:20 | 8:01:25 | |
considering the legislation's
recitals, the legal basis and other | 8:01:25 | 8:01:28 | |
language versions in other to inform
their interpretation. We do not want | 8:01:28 | 8:01:32 | |
to change the way in which this law
is interpreted. Or to create any | 8:01:32 | 8:01:37 | |
fresh uncertainty as to its meaning.
The bill provides for the courts to | 8:01:37 | 8:01:41 | |
continue that approach. Clause six
provides that questions of validity | 8:01:41 | 8:01:47 | |
will be decided in accordance with
retained caselaw and general | 8:01:47 | 8:01:52 | |
principles of EU law. This means,
this requires taking a interpretive | 8:01:52 | 8:02:00 | |
approach is. Working papers that may
have led to the adoption of the | 8:02:00 | 8:02:10 | |
measure, and the general principles
of EU law. I hope this reassures my | 8:02:10 | 8:02:14 | |
honourable friend. And that he will
withdraw his amendment. Before I | 8:02:14 | 8:02:20 | |
close I will give way. I am grateful
to my right honourable friend who is | 8:02:20 | 8:02:25 | |
making a powerful case on each of
these amendments. I am among those | 8:02:25 | 8:02:29 | |
who are concerned about the level of
confusion about whether cut off line | 8:02:29 | 8:02:33 | |
is in all of this. Take you back to
what he just said, he talks about | 8:02:33 | 8:02:38 | |
the general principles, but these
will shift and change. Is there a | 8:02:38 | 8:02:41 | |
point by which when we reference the
principles and those principles are | 8:02:41 | 8:02:47 | |
changed post our exit, that we don't
consider them to be the principles | 8:02:47 | 8:02:50 | |
we reference rather than the
principles that exist before and are | 8:02:50 | 8:02:53 | |
now or not modified. At which point
do we have a cut-off point? My right | 8:02:53 | 8:02:58 | |
honourable friend raises an
excellent point, rather he satiric, | 8:02:58 | 8:03:03 | |
but it's about clause five in
schedule one. If he is patient we | 8:03:03 | 8:03:06 | |
will turn to next week. We will
address all the concerns he has. -- | 8:03:06 | 8:03:15 | |
rather esoteric. I hope I have
sought to address the underlying | 8:03:15 | 8:03:19 | |
concerns of the amendments and hope
this house will now give them the | 8:03:19 | 8:03:24 | |
consideration of maximising legal
certainty and minimising the | 8:03:24 | 8:03:28 | |
confusion and making sure we have a
smooth transition and all honourable | 8:03:28 | 8:03:31 | |
members will make sure clause six
passes the bill unamended. I rise to | 8:03:31 | 8:03:41 | |
formally move amendment 137 in my
name. I am happy to say the name of | 8:03:41 | 8:03:48 | |
many other honourable members on
these benches. Or amendments 202 and | 8:03:48 | 8:03:54 | |
203 in the name of my right
honourable friend the member for | 8:03:54 | 8:03:58 | |
Ross, Skye and Lochaber and other
members on these benches. I was | 8:03:58 | 8:04:02 | |
delighted to see the Labour Party
spokesman say the Labour Party are | 8:04:02 | 8:04:07 | |
giving support to my amendment, 137,
which also has the support of the | 8:04:07 | 8:04:14 | |
Trade Union Congress, Justice, the
equalities and human rights | 8:04:14 | 8:04:17 | |
commission, and the Fawcett Society.
I am going to endeavour to address | 8:04:17 | 8:04:22 | |
in some detail why this amendment is
necessary. In essence, it is there | 8:04:22 | 8:04:27 | |
because it is necessary to create
legal certainty for individuals and | 8:04:27 | 8:04:32 | |
businesses by giving a clear
instruction to the courts about how | 8:04:32 | 8:04:35 | |
to treat decisions of the Court of
Justice of the European Union after | 8:04:35 | 8:04:40 | |
exit day. I'm afraid to say the bill
as it currently stands does not give | 8:04:40 | 8:04:43 | |
that degree of clarity. The purpose
of my amendment 137 is also to | 8:04:43 | 8:04:50 | |
protect the judiciary from having to
make decisions which are open to | 8:04:50 | 8:04:53 | |
political criticism. We saw some
pretty Arthenus political criticism | 8:04:53 | 8:04:59 | |
of judges at the UK Supreme Court
earlier this year. And we have heard | 8:04:59 | 8:05:04 | |
judges from that court expressed
concern about not being given proper | 8:05:04 | 8:05:08 | |
direction in this bill about the
possibility of not being given | 8:05:08 | 8:05:12 | |
proper direction in this bill, and
my amendment seeks to address that | 8:05:12 | 8:05:15 | |
issue. Finally, and perhaps most
importantly for our constituents, | 8:05:15 | 8:05:20 | |
this amendment will encourage United
Kingdom rights protections to keep | 8:05:20 | 8:05:26 | |
pace with European Union rights
after Brexit. Amendment 202 is also | 8:05:26 | 8:05:33 | |
about giving certainty to
individuals and to businesses who | 8:05:33 | 8:05:37 | |
have a case is pending before the
domestic courts on exit day. I | 8:05:37 | 8:05:41 | |
listened very carefully to what The
Right Honourable lady for Chesham | 8:05:41 | 8:05:44 | |
and Amersham had to say about her
amendments, with which I have great | 8:05:44 | 8:05:49 | |
sympathy, because these amendments,
202 and 203 are for a similar | 8:05:49 | 8:05:53 | |
purpose. I also listened with some
care to what the minister had to | 8:05:53 | 8:05:57 | |
say, but I regret to say that the
Minister has not given me any | 8:05:57 | 8:06:01 | |
comfort that there is anything on
the face of this bill which will | 8:06:01 | 8:06:05 | |
give the sort of certainty that is
required for people in the midst of | 8:06:05 | 8:06:09 | |
litigation at exit day. That's why
we seek to define pending matter in | 8:06:09 | 8:06:21 | |
amendment 334, any litigation which
has been commenced in any court or | 8:06:21 | 8:06:25 | |
tribunal in the UK and which has not
finally determined at exit day. | 8:06:25 | 8:06:30 | |
There is even need for clarity here.
It is not just my say-so or those | 8:06:30 | 8:06:37 | |
who support the amendment. These
amendments were drafted with care by | 8:06:37 | 8:06:40 | |
the Law Society of Scotland, and I
would submit they are necessary to | 8:06:40 | 8:06:45 | |
give to protect bitter gents'
legitimate expectations. -- litter | 8:06:45 | 8:06:55 | |
gents. There is the need to create
legal certainty. Honourable members | 8:06:55 | 8:06:59 | |
of both sides of the house have
referred to that today. It is | 8:06:59 | 8:07:03 | |
absolute requirement of the rule of
law that there should be legal | 8:07:03 | 8:07:09 | |
certainty. I regret to say clause
six as currently drafted does not | 8:07:09 | 8:07:12 | |
give that degree of legal certainty.
In accordance with our mandate the | 8:07:12 | 8:07:18 | |
Scottish National Party opposes
Brexit, but we understand the need | 8:07:18 | 8:07:23 | |
for withdrawal legislation. We want
to reach agreement on it if possible | 8:07:23 | 8:07:26 | |
and we want to ensure the
legislation is properly framed. | 8:07:26 | 8:07:32 | |
Close six currently is not properly
framed because it does not give the | 8:07:32 | 8:07:37 | |
certainty required. Before I explain
why the amendments we seek to move, | 8:07:37 | 8:07:41 | |
we bring that certainty and clarity,
I want to make a more general point | 8:07:41 | 8:07:45 | |
about clause six that reflects
debate that took place just now and | 8:07:45 | 8:07:49 | |
also earlier today in this house. | 8:07:49 | 8:07:56 | |
Everything in clause six pivots
around exit day, so the definition | 8:07:56 | 8:07:59 | |
of exit day is crucial. The
government have amendments pending | 8:07:59 | 8:08:04 | |
later in this committee stage about
penning exit day to the 29th of | 8:08:04 | 8:08:09 | |
March 2019. Forgive me if I forget
the time. I am not too bothered | 8:08:09 | 8:08:13 | |
whether it is EU or British time.
That doesn't seem a big issue to me. | 8:08:13 | 8:08:19 | |
But what is crucial is that clause
six pivots around the issue of exit | 8:08:19 | 8:08:23 | |
day and, as I said earlier, it seems
to me that the government's | 8:08:23 | 8:08:29 | |
amendment, purporting to set exit
day in stone, is mere window | 8:08:29 | 8:08:33 | |
dressing and mere politics because,
as others have pointed out today, | 8:08:33 | 8:08:40 | |
perhaps more eloquently than I,
particularly the right honourable | 8:08:40 | 8:08:47 | |
member for Beaconsfield, these
amendments are barmy and don't | 8:08:47 | 8:08:49 | |
achieve what they are setting out to
achieve. Because, you see, the Prime | 8:08:49 | 8:08:55 | |
Minister's very keen to have a
transition period. That was what the | 8:08:55 | 8:08:59 | |
Florence speech was all about. When
I and other honourable members were | 8:08:59 | 8:09:02 | |
in Brussels last week, we raised to
senior people at the EU what their | 8:09:02 | 8:09:08 | |
understanding of the legal basis for
any transitional deal would be, and | 8:09:08 | 8:09:11 | |
they said, its Article 50 four stop
that didn't come as a surprise to | 8:09:11 | 8:09:16 | |
me, because I asked the Prime
Minister a couple of weeks ago and | 8:09:16 | 8:09:19 | |
she said her understanding was that
it was Article 50, based on the EU's | 8:09:19 | 8:09:25 | |
April guidelines. What the senior
officials at the EU told us last | 8:09:25 | 8:09:29 | |
week is that, if transition takes
place under Article 50, we will stay | 8:09:29 | 8:09:33 | |
the customs union and the single
market and we will remain subject to | 8:09:33 | 8:09:37 | |
the court of justice of the European
Union. So, if there is to be a | 8:09:37 | 8:09:44 | |
transitional deal, the reality is
that it means all of the courts in | 8:09:44 | 8:09:48 | |
the UK will continue to be subject
to the jurisdiction of the court of | 8:09:48 | 8:09:52 | |
justice of the European Union, and
that really means that clause six | 8:09:52 | 8:09:57 | |
isn't going to work if there is a
transition period and, if the | 8:09:57 | 8:10:01 | |
government don't agree with me on
that, could they please tell us why | 8:10:01 | 8:10:05 | |
not, and what is their alternative
legal basis for any transitional | 8:10:05 | 8:10:09 | |
deal and on what basis do they say,
if they do, that we are not going to | 8:10:09 | 8:10:14 | |
be under the jurisdiction of the
European Court of Justice during the | 8:10:14 | 8:10:17 | |
transition period? That said, if we
ever do leave the European Union, | 8:10:17 | 8:10:25 | |
which I hope we don't, but if we
leave it in reality rather than in | 8:10:25 | 8:10:29 | |
name only, or if we crash out
without a deal, God forbid, but that | 8:10:29 | 8:10:37 | |
has to be a serious possibility,
clause six is going to be very | 8:10:37 | 8:10:41 | |
important indeed, so we need to get
it right, and that's the reason for | 8:10:41 | 8:10:44 | |
these amendments. As things stand at
present, the court of justice of the | 8:10:44 | 8:10:51 | |
European Union is the ultimate
arbiter of the meaning of EU law | 8:10:51 | 8:10:55 | |
under the EU treaties. At the
moment, courts in the UK are bound | 8:10:55 | 8:10:59 | |
to determine issues of EU law in
accordance with the court of | 8:10:59 | 8:11:05 | |
justice's interpretation. So where
the issue isn't clear, the national | 8:11:05 | 8:11:08 | |
court is under a duty to make a
preliminary reference to ask for a | 8:11:08 | 8:11:14 | |
definitive interpretation. That's
how it works. And it's really wrong | 8:11:14 | 8:11:19 | |
to describe the court of justice as
having jurisdiction in the UK. It | 8:11:19 | 8:11:25 | |
simply has jurisdiction to answer
questions about EU law put it by the | 8:11:25 | 8:11:29 | |
UK courts, and I very much fear that
much of the antipathy directed | 8:11:29 | 8:11:34 | |
towards the court of justice is
based on a fundamental | 8:11:34 | 8:11:38 | |
misapprehension as to what it
actually does and what it is | 8:11:38 | 8:11:41 | |
actually there for. It doesn't
dictate our laws and, as others more | 8:11:41 | 8:11:45 | |
eloquent than me and explained
earlier, the laws come from many | 8:11:45 | 8:11:49 | |
sources. What a court of justice
does is to interpret the laws and | 8:11:49 | 8:11:53 | |
create some consistency. That said,
I accept that, if we leave the | 8:11:53 | 8:12:00 | |
European Union, the duty to refer
issues to the court will no longer | 8:12:00 | 8:12:03 | |
apply. But I also know, because this
bill tells me so, that retained EU | 8:12:03 | 8:12:10 | |
law will still have to be
interpreted by our courts, north and | 8:12:10 | 8:12:13 | |
south of the border. According to
clause six of the bill, after exit | 8:12:13 | 8:12:20 | |
day, our courts will not be under a
duty to follow the interpretation of | 8:12:20 | 8:12:24 | |
the court of justice, but even
though that is the case, the court | 8:12:24 | 8:12:28 | |
of justice is going to continue
giving judgments on references from | 8:12:28 | 8:12:32 | |
other member states, and these will
deal with what law that we have | 8:12:32 | 8:12:36 | |
retained means. So the case will of
the court of justice may still offer | 8:12:36 | 8:12:42 | |
useful guidance for our courts, and
I think the government accept that, | 8:12:42 | 8:12:45 | |
because they have attempted to frame
some guidance on that in clause six. | 8:12:45 | 8:12:49 | |
But the only guidance they've given
is that the UK courts are not bound | 8:12:49 | 8:12:56 | |
by the court of justice after
Brexit, but they may have regard to | 8:12:56 | 8:13:02 | |
anything the court says if it
considers it appropriate to do so. | 8:13:02 | 8:13:06 | |
It's the word appropriate which
causes concern to many across this | 8:13:06 | 8:13:12 | |
house and many outwith this house,
because it gives the judge is an | 8:13:12 | 8:13:15 | |
extraordinarily wide discretion but
no guidance on what circumstances it | 8:13:15 | 8:13:19 | |
is proper for them to look at the
court of justice's decisions, as | 8:13:19 | 8:13:24 | |
this is important because no less
than Lord Neuberger, the outgoing | 8:13:24 | 8:13:31 | |
president of the Supreme Court, has
expressed concern that judges will | 8:13:31 | 8:13:36 | |
need clarity about how to take
decisions of the court of justice | 8:13:36 | 8:13:40 | |
after Brexit. He said, if the
government doesn't express clearly | 8:13:40 | 8:13:44 | |
what the judges should do about
decisions of the court of justice | 8:13:44 | 8:13:48 | |
after Brexit, the judges will simply
have to do their best and, if they | 8:13:48 | 8:13:51 | |
are left just to do that, it will be
unfair to blame them for making law | 8:13:51 | 8:13:56 | |
which Parliament has failed to make.
I am loathe to interrupt my | 8:13:56 | 8:14:01 | |
honourable friend, who is making a
very powerful case for legal | 8:14:01 | 8:14:07 | |
certainty. Does she agree with me
that a wide range of industries and | 8:14:07 | 8:14:12 | |
other organisations will need legal
certainty, certainly around freedom | 8:14:12 | 8:14:15 | |
of movement, such as the education
and food and drinks sectors? Does | 8:14:15 | 8:14:20 | |
she share my concern at reports that
have come from the Financial Times | 8:14:20 | 8:14:23 | |
this evening that the Secretary of
State for leading the EU says that | 8:14:23 | 8:14:28 | |
bankers and other professionals,
it's been reported, had been | 8:14:28 | 8:14:30 | |
promised a special post Brexit
tracked regime -- travel regime? | 8:14:30 | 8:14:37 | |
Surely we should just be dealing
with the bankers. -- we shouldn't. | 8:14:37 | 8:14:44 | |
I'm grateful to my honourable friend
for bringing this matter to floor of | 8:14:44 | 8:14:47 | |
the house. If the Financial Times
report is correct, the government | 8:14:47 | 8:14:52 | |
are going to give special deals for
certain professions, then this is | 8:14:52 | 8:14:56 | |
going to come as a great shock to
those other professions who will not | 8:14:56 | 8:15:00 | |
get such a special deal, and in
particular shock to cross party | 8:15:00 | 8:15:04 | |
colleagues in the Scottish
Parliament who have asked for a | 8:15:04 | 8:15:06 | |
special deal on immigration in
Scotland, as have Unison, the | 8:15:06 | 8:15:11 | |
chambers of commerce in Scotland
have mentioned this as well, as has | 8:15:11 | 8:15:16 | |
the institute directors. So I very
much look forward to seeing the | 8:15:16 | 8:15:19 | |
Minister for exiting the European
Union coming to the house to explain | 8:15:19 | 8:15:23 | |
what is going on here. But, to
return to the issue of legal | 8:15:23 | 8:15:27 | |
certainty, the Institute for
Government, it looked very carefully | 8:15:27 | 8:15:32 | |
at different tests which might be
put on this bill to direct the | 8:15:32 | 8:15:37 | |
courts, and they expressed the view
that, if we in Parliament passed the | 8:15:37 | 8:15:40 | |
buck on this issue to the judges, it
leaves the judges open to fierce | 8:15:40 | 8:15:46 | |
political criticism. We have already
seen the sort of fierce criticism | 8:15:46 | 8:15:49 | |
that judges got earlier this year,
and the matter of all different | 8:15:49 | 8:15:53 | |
views that we might have about the
British constitution, and I think | 8:15:53 | 8:15:57 | |
that all of us could probably accept
that the independence which fishery | 8:15:57 | 8:16:04 | |
is fundamental, and we perhaps don't
have to go to far from home in the | 8:16:04 | 8:16:10 | |
EU to see a judiciary which isn't
independent, but I digress. We need | 8:16:10 | 8:16:14 | |
an independent judiciary in this
country. We have one, but they have | 8:16:14 | 8:16:21 | |
to be protected from criticism,
because they cannot go into print to | 8:16:21 | 8:16:26 | |
defend themselves when they are
criticised. I will just finished my | 8:16:26 | 8:16:30 | |
point. What we need to do is to
provide the courts with a specific | 8:16:30 | 8:16:34 | |
legal test on the face of this bill
governing the treatment of court of | 8:16:34 | 8:16:38 | |
justice case law after Brexit, and
that is what my amendment 130 760 | 8:16:38 | 8:16:45 | |
achieved. I thank the honourable
lady for giving way. Does she agree | 8:16:45 | 8:16:48 | |
with me that one aspect of the legal
certainty which it is, I think, with | 8:16:48 | 8:16:53 | |
the government considering is that,
as our relationship with the EU | 8:16:53 | 8:17:00 | |
evolves, we don't really want our
judges having to make decisions | 8:17:00 | 8:17:02 | |
which may affect commercial policy
or, indeed, our diplomatic policy | 8:17:02 | 8:17:10 | |
towards the European Union? What my
amendments seek is that, when | 8:17:10 | 8:17:17 | |
interpreting retained EU law, after
exit day, a court or tribunal shall | 8:17:17 | 8:17:24 | |
pay due regard to any relevant
decision of the European court. The | 8:17:24 | 8:17:26 | |
minister questioned the phrase due
regard. It's not a phrase unknown to | 8:17:26 | 8:17:32 | |
international law. In the Lugano
Convention on mutual recognition of | 8:17:32 | 8:17:39 | |
enforcement of judgments, to which
both EU and non-EU states are | 8:17:39 | 8:17:43 | |
signatories, it talks about paying
due account. I followed the | 8:17:43 | 8:17:48 | |
organisation co justice's
recommendation that it is clearer | 8:17:48 | 8:17:50 | |
and better English to say hey
cleared due regard. We have a | 8:17:50 | 8:17:59 | |
responsible is to take account of
the decisions of the court of | 8:17:59 | 8:18:02 | |
justice, so it isn't a phrase
unknown. This isn't a Trojan horse, | 8:18:02 | 8:18:09 | |
designed to continue references
after Brexit, and I say that | 8:18:09 | 8:18:12 | |
somebody who doesn't Brexit to
happen. What is this designed to do? | 8:18:12 | 8:18:18 | |
To create certainty for individuals
and businesses, for litigants, and | 8:18:18 | 8:18:22 | |
also for the Jewish week. My
amendment leaves open to British | 8:18:22 | 8:18:28 | |
courts to disagree with the court of
justice's interpretation. -- also | 8:18:28 | 8:18:32 | |
for the judiciary. What the
government's current craft does is | 8:18:32 | 8:18:37 | |
to give an unfettered, politically
controversial discretion to consider | 8:18:37 | 8:18:43 | |
what ignore court of justice
decisions, as our courts see fit. I | 8:18:43 | 8:18:48 | |
would say that their three
advantages to the tests set out in | 8:18:48 | 8:18:53 | |
my amendment. First, it creates
legal certainty for individuals and | 8:18:53 | 8:18:59 | |
businesses. Second, it provides
political cover for the courts. | 8:18:59 | 8:19:02 | |
Third, it seems to fit with the
preference of the judiciary, who | 8:19:02 | 8:19:07 | |
want clear instruction. In recent
evidence to the House of Lords | 8:19:07 | 8:19:13 | |
Constitution committee, the new
president of the Supreme Court said, | 8:19:13 | 8:19:17 | |
it should be made plain in statute
what authority or lack of authority | 8:19:17 | 8:19:20 | |
or weight is to be given to the
decisions of the court of justice of | 8:19:20 | 8:19:26 | |
the European Union after we have
lacked, in relation to matters which | 8:19:26 | 8:19:33 | |
arose before we left and, more
importantly, to this after we leave. | 8:19:33 | 8:19:36 | |
That is not something which we, the
judges, would like to have to make | 8:19:36 | 8:19:39 | |
up for ourselves. Obviously, because
it is very much a political | 8:19:39 | 8:19:45 | |
question, and we would like statute
to tell us the answer. In my | 8:19:45 | 8:19:48 | |
submission, statute does tell the
judges the answer, and that isn't | 8:19:48 | 8:19:54 | |
just my view. The Institute for
Government looked at various options | 8:19:54 | 8:19:57 | |
and concluded that the wording I am
not proposing would license courts | 8:19:57 | 8:20:00 | |
in the UK to refer to the court of
justice reasoning in future judgment | 8:20:00 | 8:20:08 | |
and, by making those judgments
binding... I will just finished my | 8:20:08 | 8:20:13 | |
point and then I will give way. The
Institute for Government looked at | 8:20:13 | 8:20:18 | |
various options and they concluded
that the wording which I am | 8:20:18 | 8:20:20 | |
proposing would allow courts in the
United Kingdom to refer to the court | 8:20:20 | 8:20:26 | |
of justice's reasoning in future
judgments are without making those | 8:20:26 | 8:20:31 | |
judgments on the UK courts. The
Institute for Government took the | 8:20:31 | 8:20:35 | |
view that this approach is
compatible with the objectives set | 8:20:35 | 8:20:38 | |
out in the government White Paper on
Brexit and the Repeal Bill. I wanted | 8:20:38 | 8:20:42 | |
to refer to the chapter 12 of the
book by Lord Bingham on the rule of | 8:20:42 | 8:20:51 | |
law, and I'm sure the honourable
lady is aware of it, where he | 8:20:51 | 8:20:55 | |
criticised lady Hale for her view
about the relationship between | 8:20:55 | 8:20:59 | |
Parliament and the judges. Is she
aware of that? I am familiar with | 8:20:59 | 8:21:05 | |
that book, but I don't think it has
any relevance to what I'm saying at | 8:21:05 | 8:21:08 | |
the moment. My point at the
moment... I think the point that | 8:21:08 | 8:21:15 | |
Lady Hale, who is the present
president of the Supreme Court of | 8:21:15 | 8:21:17 | |
the UK, the point she was making is
that she and her fellow judges | 8:21:17 | 8:21:22 | |
require from the government and from
this house clarity in the directions | 8:21:22 | 8:21:27 | |
as to how they are to treat the
future jurisprudence of the court of | 8:21:27 | 8:21:34 | |
justice of the European Union
because, if the guidance isn't | 8:21:34 | 8:21:36 | |
clear, they will come under the sort
of political attack which I'm sure | 8:21:36 | 8:21:39 | |
the honourable gentleman, is a great
supporter of the British | 8:21:39 | 8:21:44 | |
constitution, would have poor, as I
do. -- would abhore. What I'm saying | 8:21:44 | 8:21:53 | |
is that this amendment isn't a
Trojan horse. It is an amendment | 8:21:53 | 8:21:56 | |
which comes from careful
consideration and out of careful | 8:21:56 | 8:22:01 | |
consideration by the organisation
Justice and the Institute for | 8:22:01 | 8:22:04 | |
Government, and it has the support
of the TUC and the Labour Party and | 8:22:04 | 8:22:09 | |
also the equality and human rights
commission and the Fawcett Society. | 8:22:09 | 8:22:12 | |
One of the minutes that the equality
and human rights commission are so | 8:22:12 | 8:22:16 | |
keen on this amendment is that it is
also important from the point of | 8:22:16 | 8:22:20 | |
view of rights protections, because
it's important to remember that EU | 8:22:20 | 8:22:24 | |
law is largely about the rights of
individuals. The government position | 8:22:24 | 8:22:28 | |
paper published in the summer seemed
to imagine EU law is all about | 8:22:28 | 8:22:31 | |
disputes between the UK and the EU,
but it isn't. Most people who make | 8:22:31 | 8:22:36 | |
reference to the court of justice do
so in the determination of their | 8:22:36 | 8:22:39 | |
individual rights or their lights
Daly rights as a business. I'm | 8:22:39 | 8:22:45 | |
listening with great care to the
honourable lady, and she will agree | 8:22:45 | 8:22:49 | |
with me that references to the court
of justice are made by the courts to | 8:22:49 | 8:22:55 | |
interpret a particular provision of
EU law, rather than individuals. | 8:22:55 | 8:22:59 | |
That is an important difference
here, I think, that I'm sure she | 8:22:59 | 8:23:02 | |
will agree with. Important to
correct my bad use of language | 8:23:02 | 8:23:06 | |
there. My point is that the majority
of references made to the court of | 8:23:06 | 8:23:11 | |
justice are made as a result of
litigation is between individuals or | 8:23:11 | 8:23:15 | |
businesses determining their
respective rights, rather than, as | 8:23:15 | 8:23:19 | |
the government paper suggested in
the summer, between the UK and the | 8:23:19 | 8:23:23 | |
EU. That isn't my view. That was the
evidence of Professor Sir David | 8:23:23 | 8:23:28 | |
Edward, who gave evidence to the
Scottish Parliament earlier this | 8:23:28 | 8:23:31 | |
year, in September, about this, and
he was very keen to impress upon | 8:23:31 | 8:23:35 | |
people that that is what EU law is
about, the determination of | 8:23:35 | 8:23:38 | |
individuals' rights. | 8:23:38 | 8:23:42 | |
That interchange is quite correct,
but does she not also accept that | 8:23:42 | 8:23:46 | |
the process of making those
judgments is where the European | 8:23:46 | 8:23:50 | |
Court of Justice has widened the
interpretation of the treaty is | 8:23:50 | 8:23:53 | |
using individual cases that was sent
for them for clarification? That's | 8:23:53 | 8:23:59 | |
what courts do. That's what modern
courts do! If the honourable | 8:23:59 | 8:24:05 | |
gentleman cared to study the
jurisprudence of the Supreme Court | 8:24:05 | 8:24:10 | |
of the United States, Australia, New
Zealand, he would find out that's | 8:24:10 | 8:24:13 | |
what courts in adversarial
jurisdictions do. I sometimes | 8:24:13 | 8:24:18 | |
wonder, Mr J, if the real objection
of the honourable gentleman and | 8:24:18 | 8:24:21 | |
those of his kind on the benches
opposite is not to the European | 8:24:21 | 8:24:25 | |
Union, but to the very idea of
courts and the rule of law itself. | 8:24:25 | 8:24:34 | |
My point is this, as well as
creating legal certainty and | 8:24:34 | 8:24:41 | |
protecting the judiciary, amendment
137 is also important for protecting | 8:24:41 | 8:24:46 | |
the rights of individuals, because
if we don't pay in the future, if | 8:24:46 | 8:24:50 | |
our courts in the UK don't in the
future pay due regards to the | 8:24:50 | 8:24:54 | |
decisions of the Court of Justice,
even after exit, then there will be | 8:24:54 | 8:25:00 | |
no provision to ensure or even
encourage that rights in the United | 8:25:00 | 8:25:03 | |
Kingdom keep pace with EU rights
after Brexit. This could lead to | 8:25:03 | 8:25:09 | |
domestically upheld rights lagging
behind international standards, | 8:25:09 | 8:25:11 | |
which I am sure we would want to
avoid. Would she agree with me that | 8:25:11 | 8:25:19 | |
we have already seen examples of a
denigration of our rights, | 8:25:19 | 8:25:25 | |
particularly in aspects of the trade
union Bill. And without that safety | 8:25:25 | 8:25:30 | |
net, shall we say, of the ECG, there
is a further risk of those rights | 8:25:30 | 8:25:34 | |
being degraded. I agree with my
above them. That's probably why the | 8:25:34 | 8:25:41 | |
Trade Union Congress are supporting
my amendment. To keep rights up to | 8:25:41 | 8:25:48 | |
similar international standards is
particularly desirable in areas that | 8:25:48 | 8:25:50 | |
are required to be of reciprocity
such as consumer rights, | 8:25:50 | 8:25:56 | |
environmental standards. The right
Honourable member for Leith Central | 8:25:56 | 8:26:03 | |
has heard much evidence recently
about the importance of preserving | 8:26:03 | 8:26:07 | |
rights protections after Brexit. EU
case law has had an important impact | 8:26:07 | 8:26:13 | |
on equality rights in the UK. My
amendment seeks to ensure that | 8:26:13 | 8:26:20 | |
British courts will continue to pay
due regard to that jurisprudence as | 8:26:20 | 8:26:24 | |
our Lord develops in the future. I
urge all honourable members | 8:26:24 | 8:26:29 | |
opposite, as well as on these
benches, to give amendment 137 their | 8:26:29 | 8:26:36 | |
support in the interests of
achieving legal certainty, | 8:26:36 | 8:26:39 | |
protecting the rule of law,
protecting the judiciary from | 8:26:39 | 8:26:43 | |
political attacks, and also
protecting the rights of all our | 8:26:43 | 8:26:46 | |
constituents. I will now turn to the
amendments about a pending cases. | 8:26:46 | 8:26:52 | |
These are amendments 202 and 203,
which I'm grateful to the Law | 8:26:52 | 8:26:56 | |
Society of Scotland for drafting.
There is nothing on the face of the | 8:26:56 | 8:27:01 | |
bill at the moment to say what's to
happen to litigation pending at the | 8:27:01 | 8:27:06 | |
time of exit day. There just isn't
anything, or if there is, I'm sure a | 8:27:06 | 8:27:11 | |
government minister will point to
later. As the Right Honourable | 8:27:11 | 8:27:16 | |
member for Chesham and Amersham said
earlier, this is all about | 8:27:16 | 8:27:20 | |
legitimate expectations. As I said
when I intervened on her, if the | 8:27:20 | 8:27:25 | |
government doesn't move too, on the
face of this bill, protect from | 8:27:25 | 8:27:32 | |
legitimate expectations of
litigants, it can provide expect | 8:27:32 | 8:27:35 | |
litigation against it because of its
failure to provide an effective | 8:27:35 | 8:27:42 | |
remedy. If there was to be a single
cut off day on exit day, and if no | 8:27:42 | 8:27:47 | |
consideration was to be given for
pending cases, then that is | 8:27:47 | 8:27:52 | |
objectionable on the grounds of
retrospective at it, as other | 8:27:52 | 8:27:54 | |
Honourable members have said
previously this afternoon. This sort | 8:27:54 | 8:28:03 | |
of situation is not without
precedent. There is a precedent in | 8:28:03 | 8:28:10 | |
the way the transition from Privy
Council to the New Zealand Supreme | 8:28:10 | 8:28:14 | |
Court was dealt with, and I urge the
government to look at that. I also | 8:28:14 | 8:28:18 | |
urge all Honourable members to look
carefully at the amendments designed | 8:28:18 | 8:28:21 | |
to protect impending cases and
impending litigation at exit day. | 8:28:21 | 8:28:27 | |
Thank you, Mr chair. Iain Duncan
Smith. I rise only briefly for an | 8:28:27 | 8:28:36 | |
intervention. I haven't written
about any amendments. I want to | 8:28:36 | 8:28:40 | |
comment on one set of amendments and
then a point about the drafting of | 8:28:40 | 8:28:44 | |
this particular clause. Firstly I
want to say that for me this is the | 8:28:44 | 8:28:48 | |
most important, and for many of my
colleagues, the most important | 8:28:48 | 8:28:51 | |
section of the whole of this bill.
Because a clear definition of being | 8:28:51 | 8:28:57 | |
in or out of the European Union
ultimately comes down to the Court | 8:28:57 | 8:29:02 | |
of Justice's ability to change the
laws in the United Kingdom by direct | 8:29:02 | 8:29:07 | |
reference as a result of the clash
with European law. For some time, 25 | 8:29:07 | 8:29:13 | |
years ago, I stood almost in the
same place during the Maastricht | 8:29:13 | 8:29:16 | |
Treaty and I made the point that the
Court of Justice was a court that | 8:29:16 | 8:29:21 | |
was more political than courts in
the UK would be, even by | 8:29:21 | 8:29:26 | |
appointment, and by the reality of
the nature of its judgment. Judicial | 8:29:26 | 8:29:30 | |
activism is a process that has come
directly from the Court of justice. | 8:29:30 | 8:29:35 | |
That has eventually percolated into
the UK courts, but to a much lesser | 8:29:35 | 8:29:39 | |
extent. The point I made a minute
ago was that it was through those | 8:29:39 | 8:29:43 | |
judgments that they have widened the
perspective on the concept of where | 8:29:43 | 8:29:47 | |
the commission is able to rule. A
good example of that is through | 8:29:47 | 8:29:53 | |
court reference, whole area is to do
with social security were widened | 8:29:53 | 8:29:56 | |
dramatically that were never in the
original treaties. Rulings have been | 8:29:56 | 8:30:00 | |
made about the application of social
security payments to individuals | 8:30:00 | 8:30:04 | |
from other countries that were never
referenced in the original treaties. | 8:30:04 | 8:30:08 | |
It's a good point about how powerful
that court is, that is key. The | 8:30:08 | 8:30:13 | |
second element I want to make on
this, why this is so critical is | 8:30:13 | 8:30:19 | |
that after the referendum, the
servant for social justice and | 8:30:19 | 8:30:23 | |
others did polling on the public on
why they supported the vote to leave | 8:30:23 | 8:30:28 | |
the European Union. The single most
powerful reason was to take back | 8:30:28 | 8:30:33 | |
control of our laws. More than
money, and more to do with | 8:30:33 | 8:30:38 | |
migration. It surprised me slightly
because I thought it was an esoteric | 8:30:38 | 8:30:43 | |
point for most members of the
public, but they thought it was the | 8:30:43 | 8:30:46 | |
most powerful reason why they
supported it. Some said even if it | 8:30:46 | 8:30:49 | |
meant they would be worse off for a
period, they would consider this | 8:30:49 | 8:30:54 | |
still to be the overriding principle
of why they voted to take back | 8:30:54 | 8:30:58 | |
control and voted to leave the
European Union. So with that is the | 8:30:58 | 8:31:03 | |
key to this, I want to make a
reference, I think the government is | 8:31:03 | 8:31:08 | |
absolutely rights to drive for this,
and it's absolutely right for the | 8:31:08 | 8:31:11 | |
government to make it clear that on
the day we leave the European Court | 8:31:11 | 8:31:16 | |
of Justice will seek to have an
effect on the United Kingdom | 8:31:16 | 8:31:19 | |
directly. I want to come back to
some of the drafting on this as to | 8:31:19 | 8:31:23 | |
how long it goes on for and come
back to some principles. Some of the | 8:31:23 | 8:31:30 | |
amendments, the honourable gentleman
for Nottingham East is not here at | 8:31:30 | 8:31:33 | |
the moment. I want to reference his
new clause. I also want to make a | 8:31:33 | 8:31:38 | |
reference to amendments 278 on the
opposition side. Why I do think in | 8:31:38 | 8:31:43 | |
line with my right honourable
friend's earlier statement, this | 8:31:43 | 8:31:47 | |
would be wrong to try to put these
on the face of this bill. The simple | 8:31:47 | 8:31:51 | |
principle that lies in this bill,
and now the government has accepted | 8:31:51 | 8:31:54 | |
it will have primary legislation is
with regards to whatever the | 8:31:54 | 8:31:57 | |
agreement is, or lack of agreement,
but the agreement as we leave the | 8:31:57 | 8:32:02 | |
European Union with regards to trade
arrangements and other arrangements | 8:32:02 | 8:32:05 | |
as well, the reason why these two
areas, the clause and the amendment | 8:32:05 | 8:32:10 | |
are run, it's because they would
seek to bind the hand of the | 8:32:10 | 8:32:15 | |
government as they sought to
negotiate. That is not the purpose | 8:32:15 | 8:32:17 | |
of this. To give an example, the
Secretary of State for leaving the | 8:32:17 | 8:32:24 | |
European Union, not so long ago made
very clear point that it was his | 8:32:24 | 8:32:28 | |
view that during the course of the
implementation period, hopefully at | 8:32:28 | 8:32:32 | |
the beginning, we would hope to have
those elements of the eventual | 8:32:32 | 8:32:38 | |
agreement in place. One of the areas
of those would be a process of | 8:32:38 | 8:32:44 | |
arbitration that would be between
the UK and the EU. If that was | 8:32:44 | 8:32:50 | |
agreed and was part of the process,
and then became part of the | 8:32:50 | 8:32:53 | |
fermentation period, then these new
clause and this amendment would stop | 8:32:53 | 8:32:59 | |
our ability to be able to make that
arrangement, because they would be | 8:32:59 | 8:33:02 | |
bound into law and we would not be
allowed to go into the fermentation | 8:33:02 | 8:33:07 | |
period with these arrangements. It
would immediately knocked out any | 8:33:07 | 8:33:11 | |
opportunity we have to accelerate
the process of where we would | 8:33:11 | 8:33:14 | |
eventually be by getting into the
fermentation period and apply the | 8:33:14 | 8:33:18 | |
arbitration process between the UK
and EU in those areas of | 8:33:18 | 8:33:25 | |
disagreement between areas of law
and other interpretations. That's | 8:33:25 | 8:33:28 | |
why these are wrong and would
actually be damaging to the | 8:33:28 | 8:33:32 | |
prospects of the negotiations that
are likely to take place. I will | 8:33:32 | 8:33:35 | |
give way to the Honourable Lady. I
asked a couple of days ago about | 8:33:35 | 8:33:42 | |
this idea about arbitration court,
and I would be grateful if the | 8:33:42 | 8:33:51 | |
Honourable member, now he is here
himself, could clarify, how this | 8:33:51 | 8:33:56 | |
arbitration court would be different
for the ordinary people in the | 8:33:56 | 8:34:00 | |
street from what currently the ECJ
is doing. The whole process of | 8:34:00 | 8:34:06 | |
arbitration is a natural process
Leah where they can agree to an | 8:34:06 | 8:34:15 | |
arbitration process where there are
clashes over what they have agreed. | 8:34:15 | 8:34:18 | |
That is standard practice and is in
pretty much every single free trade | 8:34:18 | 8:34:22 | |
arrangement. If we seek a free trade
arrangement, the way to have that | 8:34:22 | 8:34:26 | |
governed is through that arbitration
process where differences, where you | 8:34:26 | 8:34:30 | |
can't agreed between the two of you,
they are taken to the arbitration | 8:34:30 | 8:34:33 | |
process for a final process of
examination and thus some kind of | 8:34:33 | 8:34:37 | |
judgment about it. That is not from
a court of justice sitting in the | 8:34:37 | 8:34:43 | |
European Union, zero from a UK
court. It would be out with both of | 8:34:43 | 8:34:47 | |
those, but in the agreement. The
point I am making is that if it was | 8:34:47 | 8:34:57 | |
agreed within a free-trade
arrangement, it's something you | 8:34:57 | 8:34:59 | |
would want to start as soon as
possible, because if there is an | 8:34:59 | 8:35:03 | |
implementation period, you would
want to start implementing what you | 8:35:03 | 8:35:06 | |
have agreed as soon as possible. I
think she needs to look up most of | 8:35:06 | 8:35:10 | |
the other trade arrangements to see
what I am saying. I want to come on | 8:35:10 | 8:35:15 | |
that basis, so we give the greatest
flexibility to the government. It's | 8:35:15 | 8:35:19 | |
absolutely critical that as we
leave, we leave the court of justice | 8:35:19 | 8:35:23 | |
in that sense. I want to come now to
some of the arrangements that exist | 8:35:23 | 8:35:29 | |
within this new clause from within
clause six. I think my Honourable | 8:35:29 | 8:35:38 | |
friends on the front bench that
there is a certain confusion over | 8:35:38 | 8:35:41 | |
whether courts are meant to
reference for the Court of Justice | 8:35:41 | 8:35:45 | |
both in its previous judgments, I
think. It has already been Raised By | 8:35:45 | 8:35:49 | |
Wolves my right honourable friends
and also by The Right Honourable | 8:35:49 | 8:35:52 | |
gentleman, my right honourable
friend for Beaconsfield, there | 8:35:52 | 8:35:55 | |
remains a confusion in here going
forward as to whether courts will | 8:35:55 | 8:36:01 | |
consider, they reference judgments
from the Court of Justice, both past | 8:36:01 | 8:36:04 | |
and existing. I come back to the
point of clause six, subsection two, | 8:36:04 | 8:36:11 | |
where they are told not to have
regard to anything. Later on it goes | 8:36:11 | 8:36:16 | |
on to modify that quite a lot. I am
particularly concerned, and it has | 8:36:16 | 8:36:21 | |
been raised elsewhere, but I am
particularly concerned by the | 8:36:21 | 8:36:24 | |
definition here where it comes down
to retain EU case law means any | 8:36:24 | 8:36:30 | |
principles laid down by and any
decisions of the European Court that | 8:36:30 | 8:36:33 | |
has the effect in EU law immediately
before exit day, in so far as | 8:36:33 | 8:36:38 | |
they... They go on to reference
exactly how that will work. My point | 8:36:38 | 8:36:43 | |
is, these principles themselves will
be modified by the Court of Justice | 8:36:43 | 8:36:46 | |
as they go forward. As they are
modified, my question is, at what | 8:36:46 | 8:36:52 | |
point will UK courts consider that
those principles are no longer | 8:36:52 | 8:36:59 | |
relevant to their judgments as they
reference them? I don't expect an | 8:36:59 | 8:37:04 | |
answer right now, but I hope that as
we go forward this area that has | 8:37:04 | 8:37:09 | |
been referenced, and the point has
been made that it is unclear for | 8:37:09 | 8:37:15 | |
them to know how strong the
reference should be and whether or | 8:37:15 | 8:37:17 | |
not they should reference it or take
regard to it or not. This pointers | 8:37:17 | 8:37:23 | |
to the principles that exist, I
think is the more powerful point, | 8:37:23 | 8:37:26 | |
which is I have no idea when that
cut-off comes, or if it ever comes, | 8:37:26 | 8:37:30 | |
and if we will ever break free, as
it were, from continuation, from | 8:37:30 | 8:37:36 | |
continuing judgments and changes to
those principles. I will give way. | 8:37:36 | 8:37:45 | |
My right honourable friend makes an
important point. My own concern | 8:37:45 | 8:37:48 | |
about this is not in some way
retaining EU law but a question of | 8:37:48 | 8:37:53 | |
getting some clarity, and certainly
that isn't here. The government | 8:37:53 | 8:37:57 | |
doesn't seem to be very concerned
about this, and yet the judiciary | 8:37:57 | 8:38:00 | |
plainly is. I think that's a matter
which this house can't ignore. I | 8:38:00 | 8:38:09 | |
agree with my honourable and learn
it. I think it is important that, | 8:38:09 | 8:38:13 | |
during the course of this debate and
others, we have an opportunity to | 8:38:13 | 8:38:19 | |
return to this with clause five
further on. I hope that my | 8:38:19 | 8:38:22 | |
honourable and right honourable
friend 's will take due regard to | 8:38:22 | 8:38:26 | |
this issue, and the courts have
already said that they are unclear | 8:38:26 | 8:38:29 | |
and they want that clarity. It isn't
always usual for courts to come back | 8:38:29 | 8:38:34 | |
and say they want us to decide, but
they really do on this, so going | 8:38:34 | 8:38:38 | |
forward there has to be a point at
which they understand that they | 8:38:38 | 8:38:41 | |
don't have to have regard to any
change in those principles and so | 8:38:41 | 8:38:44 | |
on. I urge my honourable and right
honourable friend 's to make that | 8:38:44 | 8:38:49 | |
point very clear in the course of
this process we are going through, | 8:38:49 | 8:38:54 | |
and I look forward to when they come
back. I think my right honourable | 8:38:54 | 8:38:58 | |
friend said he was going to return
to this under the sections | 8:38:58 | 8:39:02 | |
concerning clause five, and
therefore I would certainly | 8:39:02 | 8:39:06 | |
appreciate it. In conclusion,
because I know that others want to | 8:39:06 | 8:39:08 | |
speak, I applaud and support the
government in bringing forward this | 8:39:08 | 8:39:13 | |
area of the bill. This is singlet,
for me, and I think for most of our | 8:39:13 | 8:39:18 | |
colleagues, the most important
element. We can debate money and all | 8:39:18 | 8:39:22 | |
of these other areas but, when it
comes to who ultimately decides on | 8:39:22 | 8:39:27 | |
our laws, that is the key element to
anything to do with the vote to | 8:39:27 | 8:39:31 | |
leave. As I made the point earlier,
but I conclude by making it, the | 8:39:31 | 8:39:34 | |
British public voted the single area
they voted most on was to take back | 8:39:34 | 8:39:41 | |
control of their laws, but I want
that to happen as we leave the | 8:39:41 | 8:39:44 | |
European Union. Thank you, Mr
Crosby. I am very pleased to follow | 8:39:44 | 8:39:56 | |
the honourable member for Chingford,
because the remarks he was making | 8:39:56 | 8:39:58 | |
about new arbitration system relate
very much to the points which I wish | 8:39:58 | 8:40:04 | |
to address. When I am looking at the
bill, my overriding perspective and | 8:40:04 | 8:40:11 | |
concern is to consider what is the
impact going to be on the economic | 8:40:11 | 8:40:16 | |
well-being of my constituents.
Honourable members know that the | 8:40:16 | 8:40:21 | |
north-east is a very successful
exporting region, and part of the | 8:40:21 | 8:40:28 | |
reason we have been so successful in
exporting is because we've had a | 8:40:28 | 8:40:31 | |
stable legal framework over the last
40 years. The purpose of the bill is | 8:40:31 | 8:40:38 | |
evidently to provide for continuing
legal certainty, but it does seem to | 8:40:38 | 8:40:46 | |
me that the combination of the
government's proposal offsetting the | 8:40:46 | 8:40:50 | |
exit date before the transition
period is over, and their red line | 8:40:50 | 8:40:57 | |
on the ECJ, it seems that that is
going to have the rather remarkable | 8:40:57 | 8:41:01 | |
effect of minimising the flexibility
for negotiation and maximising the | 8:41:01 | 8:41:07 | |
legal uncertainty. I wish very much
to support the amendments 278 and | 8:41:07 | 8:41:15 | |
306, moved by my honourable friend,
the member for Sheffield Central, | 8:41:15 | 8:41:20 | |
and new clause 14, moved by my
honourable friend, the member for | 8:41:20 | 8:41:24 | |
Nottingham East. Earlier this
afternoon, I asked the other | 8:41:24 | 8:41:27 | |
minister in the Brexit department if
the repeal of the 1972 act is before | 8:41:27 | 8:41:34 | |
the end of the transition or
implementation period, what will be | 8:41:34 | 8:41:37 | |
the legal basis of our relations
with the European Union in that | 8:41:37 | 8:41:40 | |
period, and of the 57 free-trade
agreements which were negotiated by | 8:41:40 | 8:41:53 | |
the European Union with third
countries? He said, don't worry, all | 8:41:53 | 8:41:55 | |
be set out in the next bill, which
we get, perhaps in a year's time, | 8:41:55 | 8:42:03 | |
perhaps in 18 months. I am sorry to
say that I don't find that very | 8:42:03 | 8:42:08 | |
reassuring and I don't find it very
reassuring because I am very | 8:42:08 | 8:42:12 | |
conscious of what it is that
businesses are calling for. They are | 8:42:12 | 8:42:17 | |
calling for an element of legal
certainty about the transitional | 8:42:17 | 8:42:23 | |
period as soon as possible. And they
are waiting -- and waiting for | 8:42:23 | 8:42:30 | |
another 12 or 18 months doesn't give
them that legal certainty, and the | 8:42:30 | 8:42:32 | |
problem with that is that they can
continue to close plants and divest, | 8:42:32 | 8:42:41 | |
and we are already beginning to see
this. Frequently, it's not happening | 8:42:41 | 8:42:45 | |
with big flags are people saying,
this is about Brexit, but it does | 8:42:45 | 8:42:51 | |
seem to be happening rather too
often. I am grateful to my | 8:42:51 | 8:42:59 | |
honourable friend. Doesn't she find
it extraordinary that, from the | 8:42:59 | 8:43:03 | |
benches opposite, including from the
Treasury bench at the dispatch box, | 8:43:03 | 8:43:07 | |
so many members of the party
opposite have deviated from the | 8:43:07 | 8:43:11 | |
position set out clearly by the
pro-minister in her foreign speech, | 8:43:11 | 8:43:15 | |
where she said, for the limitation
period, transition period in | 8:43:15 | 8:43:18 | |
everybody else's terms, during that
period, the existing structure of EU | 8:43:18 | 8:43:22 | |
laws and relations would be in place
to provide certainty. My honourable | 8:43:22 | 8:43:29 | |
friend is absolutely right, and the
problem that we have is this | 8:43:29 | 8:43:33 | |
distance between what the structure
of the rules, the content of the | 8:43:33 | 8:43:36 | |
rules is going to be, and the
enforceability. I want to stress | 8:43:36 | 8:43:40 | |
this point about the impact on
exporters. In the description of how | 8:43:40 | 8:43:48 | |
the transition period and the future
might pan out from the Minister half | 8:43:48 | 8:43:54 | |
an hour ago, there seemed to be no
acknowledgement that some of these | 8:43:54 | 8:44:00 | |
disputes and rights that citizens
will be claiming whether it's under | 8:44:00 | 8:44:07 | |
competition law or whether it's the
single market, will be citizens in | 8:44:07 | 8:44:11 | |
this country making claims against
citizens in the other European | 8:44:11 | 8:44:16 | |
countries, or the other 57
third-party countries. So, in order | 8:44:16 | 8:44:21 | |
to export, these countries need to
have more certainty about, for | 8:44:21 | 8:44:29 | |
example, their data protection. We
are going to come onto that another | 8:44:29 | 8:44:33 | |
day. They need more certainty,
particularly the services, about | 8:44:33 | 8:44:39 | |
professional recognition, about
licensing, about passport in and, if | 8:44:39 | 8:44:42 | |
the rights they have are not
enforceable, it seems to me that | 8:44:42 | 8:44:45 | |
they are losing that certainty. So,
at the moment, what we have is a | 8:44:45 | 8:44:51 | |
situation where half the exports of
this country go to the European | 8:44:51 | 8:44:55 | |
Union. The next 30% go to the other
57 countries where it the European | 8:44:55 | 8:45:02 | |
Union that is negotiating -- that
has negotiated and meet the legal | 8:45:02 | 8:45:09 | |
framework. We are talking about 80%
of this country's trade, and this | 8:45:09 | 8:45:13 | |
government isn't able to tell us
what the legally enforceable base | 8:45:13 | 8:45:18 | |
will be during the transition
period. This is where I come to the | 8:45:18 | 8:45:24 | |
remarks made by the right honourable
member for Chingford Ed Woodward | 8:45:24 | 8:45:27 | |
green, because he said, well, it
would be very nice if we could have | 8:45:27 | 8:45:31 | |
some new arbitration system. I'm
sorry, that doesn't seem to be on | 8:45:31 | 8:45:37 | |
offer from the other side. At the
moment, there are three | 8:45:37 | 8:45:41 | |
possibilities. One possibility is
continuing with the ECJ. The | 8:45:41 | 8:45:48 | |
government setting its face against
that. Another possibility would be | 8:45:48 | 8:45:55 | |
to join the EEA. The government has
set its face against that. The third | 8:45:55 | 8:46:00 | |
possibility is to crash out. The
option of the bespoke arbitration | 8:46:00 | 8:46:02 | |
system with the European Union does
seem to be something which it will | 8:46:02 | 8:46:08 | |
be extremely difficult to negotiate
in the 15 months which we have left | 8:46:08 | 8:46:13 | |
before the transition period begins.
With so many judiciary, businesses, | 8:46:13 | 8:46:21 | |
the law society talking about the
uncertainty that comes from clause | 8:46:21 | 8:46:26 | |
six, would she not agree with me
that it's very challenging to | 8:46:26 | 8:46:31 | |
believe the government that this
will be all right on the night, when | 8:46:31 | 8:46:36 | |
alternative dispute mechanisms would
need to be created, designed, | 8:46:36 | 8:46:43 | |
drafted, legislated for and in place
before we leave the EU customer my | 8:46:43 | 8:46:48 | |
honourable friend is absolutely
right, and it's not just one | 8:46:48 | 8:46:52 | |
alternative system, it's 58. It is
one with the EU and another 57 with | 8:46:52 | 8:46:57 | |
everybody else. This is not really
going to happen, and ministers need | 8:46:57 | 8:47:03 | |
to get their heads around the fact
that they've got some hard choices | 8:47:03 | 8:47:06 | |
to make, and be straight with their
own backbenches and the public about | 8:47:06 | 8:47:10 | |
what the real choices are. It seems
to me that the government is being | 8:47:10 | 8:47:18 | |
irresponsible not to be wanting to
repeal the 1972 act, which is the | 8:47:18 | 8:47:23 | |
basis, and to set the date for that
at the beginning of the transition | 8:47:23 | 8:47:26 | |
period, before they can tell us how
they are going to handle this | 8:47:26 | 8:47:30 | |
transition period. So, it would be
great if we could have a proper | 8:47:30 | 8:47:37 | |
explanation from them. We haven't
yet tried that. In other words, the | 8:47:37 | 8:47:41 | |
very thing that ministers are
saying, that the whole purpose of | 8:47:41 | 8:47:46 | |
the bill is driving act, namely,
legal certainty, they cannot tell us | 8:47:46 | 8:47:54 | |
what the legal position is going to
be in 18 months' time. This bill is | 8:47:54 | 8:48:00 | |
really flawed and I really urge the
Minister 's opposite to look | 8:48:00 | 8:48:06 | |
constructively at the amendments
which have been put forward by the | 8:48:06 | 8:48:09 | |
opposition front bench. Can I say at
the beginning that I approach this | 8:48:09 | 8:48:20 | |
bill in exactly the same spirit as
my right honourable and learn it | 8:48:20 | 8:48:24 | |
friend the member for Beaconsfield
meet in his interventions earlier | 8:48:24 | 8:48:27 | |
and in the part of this debate.
However much I think we have harmed | 8:48:27 | 8:48:33 | |
ourselves by this decision to leave
the EU, we have to make sure that we | 8:48:33 | 8:48:38 | |
deliver it in an orderly fashion.
That's critical in the legal area | 8:48:38 | 8:48:42 | |
and in the business area. The City
of London is the financial heart of | 8:48:42 | 8:48:46 | |
the whole of Europe. We to stay that
way. For it to do so, it requires | 8:48:46 | 8:48:53 | |
legal continuity and certainty. Now,
I accept that the bill seeks to do | 8:48:53 | 8:49:00 | |
this. I don't have a problem with
the intentions of the bill at all. | 8:49:00 | 8:49:05 | |
But it is worth just stressing the
importance of that and therefore the | 8:49:05 | 8:49:09 | |
importance of the detail. If we bear
in mind that this in itself involves | 8:49:09 | 8:49:17 | |
transactions being processed every
day through London to a value which | 8:49:17 | 8:49:19 | |
exceeds our annual contribution to
the EU by a significant sum, | 8:49:19 | 8:49:28 | |
significantly exceeds any likely
divorce bill figure that has been | 8:49:28 | 8:49:30 | |
bandied about, again by significant
measure. The fact that we are the | 8:49:30 | 8:49:36 | |
basis for the Eurobond market, that
we clear a great deal of Euro | 8:49:36 | 8:49:41 | |
business, generates and supports
thousands of jobs. In my | 8:49:41 | 8:49:47 | |
constituency, some 36% of the
population are employed in financial | 8:49:47 | 8:49:53 | |
and personal services. I'm not going
to do anything that puts their jobs | 8:49:53 | 8:49:56 | |
at risk or reduces their standard of
living. Those who voted to leave did | 8:49:56 | 8:50:02 | |
not vote to make ourselves poorer
for a bit of ideology. What we have | 8:50:02 | 8:50:07 | |
to do is find a practical means
forward to make sure that we have is | 8:50:07 | 8:50:11 | |
the chairman of the City of London's
policy resources to MIDI put it, an | 8:50:11 | 8:50:16 | |
orderly Brexit as opposed to a
disorderly one. -- policy resources | 8:50:16 | 8:50:22 | |
committee put it. So does it is
assist with that? Up to a point, but | 8:50:22 | 8:50:32 | |
my contention is that it only goes
so far and there are a number of | 8:50:32 | 8:50:35 | |
areas where it is lacking, which is
why this area we are debating in | 8:50:35 | 8:50:39 | |
this set of amendments tonight is
precisely one of them. The | 8:50:39 | 8:50:48 | |
incorporation of this into UK
domestic law is except it already is | 8:50:48 | 8:50:53 | |
necessary, but the debate has
highlighted significant areas where | 8:50:53 | 8:50:55 | |
there is uncertainty still and where
the wording at the moment may not | 8:50:55 | 8:51:00 | |
achieved its objective. I want to
seek a deal on the basis of the | 8:51:00 | 8:51:06 | |
Florence speech, and I hope
everybody on my side of the house | 8:51:06 | 8:51:09 | |
will stand behind the Florence
speech and not attempt to rewrite, | 8:51:09 | 8:51:13 | |
to refine, to add to it or twos
abstract from it. If we do that in a | 8:51:13 | 8:51:18 | |
constructive way, I think we can
make constructive process but I'm | 8:51:18 | 8:51:21 | |
sure that the ministers on the
shadow bench wish to have that, too. | 8:51:21 | 8:51:24 | |
To do that, that we give the courts
and contracting parties the | 8:51:24 | 8:51:33 | |
certainty they need. The final
example I give that is that | 8:51:33 | 8:51:37 | |
derivative contracts are generally
over a three to five-year period. | 8:51:37 | 8:51:41 | |
Unless there is certainty about the
impossibility of people will not | 8:51:41 | 8:51:44 | |
contract with counterparties in the
EU if they are not certain they can | 8:51:44 | 8:51:50 | |
enforce their contracts at the end.
Crashing out without a deal would | 8:51:50 | 8:51:53 | |
not give them that certainty, any
more than going to WTO terms would | 8:51:53 | 8:51:58 | |
give the services any certainty. It
would not give the London legal | 8:51:58 | 8:52:03 | |
services sector any certainty. It
would do nothing to address the | 8:52:03 | 8:52:06 | |
issue of the establishments
directive or the recognition of | 8:52:06 | 8:52:09 | |
professional rights, that enable
British lawyers at the moment to | 8:52:09 | 8:52:14 | |
gain and earn for this country
millions of pounds annually in the | 8:52:14 | 8:52:18 | |
work that they sell into the EU. All
of those things need to be done. I | 8:52:18 | 8:52:24 | |
doubt that we can get the detail
done by the end of March 2019, and | 8:52:24 | 8:52:29 | |
that is why a significant and proper
condition where we can work out the | 8:52:29 | 8:52:34 | |
details is absolutely necessary.
Let's make sure that we enable the | 8:52:34 | 8:52:38 | |
bill to achieve that with some
additions and changes to what is | 8:52:38 | 8:52:41 | |
there. I will give way. I thank the
honourable gentleman. He has rightly | 8:52:41 | 8:52:46 | |
pointed out that a transition deal
as being required. He has pointed | 8:52:46 | 8:52:51 | |
out that the Prime Minister's
Florence speech said that that will | 8:52:51 | 8:52:54 | |
be on the basis of the jurisdiction
of the European Court of Justice and | 8:52:54 | 8:52:58 | |
EU institutions have said it needs
to be on the basis of the ECJ. With | 8:52:58 | 8:53:04 | |
that remarkable degree of alignment
between the British government and | 8:53:04 | 8:53:07 | |
the EU, shouldn't we get the
government to confirm once and for | 8:53:07 | 8:53:10 | |
all that the transition deal is on
the basis of ECJ jurisdiction? | 8:53:10 | 8:53:17 | |
I must confess, I don't see the
difficulty some people have with the | 8:53:17 | 8:53:21 | |
jurisdiction of the ECJ for a short
period. There has to be an | 8:53:21 | 8:53:29 | |
arbitration mechanism, I agree it
will be difficult to invent one in | 8:53:29 | 8:53:31 | |
time. There may be alternatives.
Since the Justice committee's report | 8:53:31 | 8:53:37 | |
in the last Parliament pointed out,
the sort of involvement in the ECJ | 8:53:37 | 8:53:41 | |
in these areas is very often
extremely limited in the overall | 8:53:41 | 8:53:46 | |
amount of our jurisprudence in the
courts. To see it through the period | 8:53:46 | 8:53:52 | |
of the transition, I think it would
be foolish to rule it out. Moving on | 8:53:52 | 8:53:57 | |
from that to the specific points
here, we need to pick up on said | 8:53:57 | 8:54:01 | |
areas and we need greater clarity on
the interpretation of retained EU | 8:54:01 | 8:54:05 | |
law. I don't think the bill, with
every respect to the ministers on | 8:54:05 | 8:54:10 | |
the Treasury bench, achieves that in
its current form. It can with | 8:54:10 | 8:54:15 | |
further work, and I think more needs
to be done. I will give way. Like | 8:54:15 | 8:54:21 | |
him I am very keen to see that one
of our major industries is looked | 8:54:21 | 8:54:26 | |
after. Isn't the overwhelming merit
of his amendment 's 357 and 358, it | 8:54:26 | 8:54:32 | |
preserves the government's ability
to modify regulations without giving | 8:54:32 | 8:54:38 | |
certainty on day one, giving us a
functional set of rules that can be | 8:54:38 | 8:54:41 | |
on the statute book, and therefore
it will take into account some of | 8:54:41 | 8:54:44 | |
the cases he was making earlier. The
key thing for the financial services | 8:54:44 | 8:54:48 | |
industry is to have that certainty
on day one. That's absolutely right | 8:54:48 | 8:54:58 | |
and could go. In respect to the
Minister and his earlier remarks, I | 8:54:58 | 8:55:01 | |
don't think the financial services
sector will take much comfort from | 8:55:01 | 8:55:03 | |
the rather high-level dismissal of
these proposals that we heard from | 8:55:03 | 8:55:07 | |
the Minister of State earlier. Let
me say why and what these two | 8:55:07 | 8:55:10 | |
amendments in my name and that of my
honourable friend, the member for | 8:55:10 | 8:55:15 | |
Wimbledon, seek to do. They seek to
give a general interpretive tool to | 8:55:15 | 8:55:20 | |
assist the it doesn't interfere with
the existing powers to make | 8:55:20 | 8:55:30 | |
regulation confirmed by clause
seven, but it would reduce the need | 8:55:30 | 8:55:33 | |
for them. I would have thought it
preferable not to have cooperate by | 8:55:33 | 8:55:39 | |
regulation if you can avoid it. If
you have a known and established | 8:55:39 | 8:55:44 | |
interpretive code, it will save the
need to make lots of regulations | 8:55:44 | 8:55:48 | |
under clause seven. The Minister
rightly observes it provides a | 8:55:48 | 8:55:53 | |
backstop, picking up gaps that are
not picked up in the transition | 8:55:53 | 8:55:57 | |
process. That's what subsections one
A and two A of the process would | 8:55:57 | 8:56:03 | |
achieve. The changes on laws draw
upon rules of interpretation, as | 8:56:03 | 8:56:09 | |
indicated in my intervention
earlier, imposed by the | 8:56:09 | 8:56:11 | |
international regulatory started to
regroup. That's a body co-sponsored | 8:56:11 | 8:56:16 | |
by the City of London Corporation
and City of London UK, and I am | 8:56:16 | 8:56:21 | |
indebted to the remembrances office
of the city of incorporation for the | 8:56:21 | 8:56:25 | |
drafting of these amendments. They
take the credit for the ingenuity. I | 8:56:25 | 8:56:30 | |
will give way. I'm grateful to my
Honourable friend. I absolutely take | 8:56:30 | 8:56:34 | |
the spirit in which these amendments
are made and I am grateful to the | 8:56:34 | 8:56:38 | |
remembrances office. Would he agree
with me we need to be courses | 8:56:38 | 8:56:42 | |
because actually, if he thinks
general interpretive approach will | 8:56:42 | 8:56:45 | |
of itself and thence deficiencies,
does the fact remained that we would | 8:56:45 | 8:56:53 | |
still have two amends deficiencies
on the face of legislation even with | 8:56:53 | 8:56:57 | |
this otherwise helpful looking
provision? I'd disagree with the | 8:56:57 | 8:57:04 | |
Solicitor General about that. But is
not an either or scenario, I would | 8:57:04 | 8:57:08 | |
suggest. I hope you will indicate he
is prepared to continue working with | 8:57:08 | 8:57:13 | |
myself and the authors of these
amendments to go forward. He nods | 8:57:13 | 8:57:17 | |
his assent, and I hope we can find a
constructive means of taking this | 8:57:17 | 8:57:21 | |
on. To make the point as to why this
is important, it is this. The first | 8:57:21 | 8:57:26 | |
of the rules, subsection three AA
defines the territorial scope of the | 8:57:26 | 8:57:34 | |
EU law in the UK. The point of that
is that it puts it on the same | 8:57:34 | 8:57:38 | |
territorial footing as domestic law,
and therefore it would assure that | 8:57:38 | 8:57:41 | |
there is a general principle that
retained EU law no longer in able | 8:57:41 | 8:57:46 | |
required people or businesses in the
UK to do or stop doing something in | 8:57:46 | 8:57:50 | |
an EU country. It's perfectly
logical from that point of view. The | 8:57:50 | 8:57:55 | |
second law would ensure a member
state of EU law that has been | 8:57:55 | 8:58:00 | |
domesticated has been taken post
Brexit as a reference to the UK. | 8:58:00 | 8:58:03 | |
That would ensure domesticated EU
law does in fact fully apply in the | 8:58:03 | 8:58:07 | |
domestic sphere. It removes any
ambiguity on that point. That's | 8:58:07 | 8:58:11 | |
going to be necessary in a large
number of instances to avoid the | 8:58:11 | 8:58:18 | |
situation in which the UK would
effectively be treated as a third | 8:58:18 | 8:58:21 | |
country for the purposes of its own
laws where retained EU law is at the | 8:58:21 | 8:58:27 | |
moment framed by reference to the
area of the EU as a whole. That | 8:58:27 | 8:58:32 | |
would be an absurdity. What we are
seeking to do there is removed that | 8:58:32 | 8:58:35 | |
risk. The third rule, five A, would
transfer all the exercise from EU | 8:58:35 | 8:58:43 | |
bodies to the Secretary of State. I
take the Minister's point that not | 8:58:43 | 8:58:48 | |
all of those will necessarily be
exercised by the Secretary of State, | 8:58:48 | 8:58:51 | |
but he is not prescriptive in that
way, legally, I think. We can talk | 8:58:51 | 8:58:55 | |
about that. We can deal with
instances where it is transferred to | 8:58:55 | 8:59:00 | |
an appropriate Secretary of State,
as well as giving a legislative | 8:59:00 | 8:59:04 | |
backstop to cater for those
circumstances where the alternative | 8:59:04 | 8:59:07 | |
arrangements had not been put in
place in time, so there is no cliff | 8:59:07 | 8:59:11 | |
edge in that regard. The fourth rule
deals with the many situations where | 8:59:11 | 8:59:16 | |
domestic authority is required
either outright or as a precondition | 8:59:16 | 8:59:21 | |
to exercise functions to deal with
EU bodies or members within member | 8:59:21 | 8:59:25 | |
states. In practice that covers for
instance cases where the UK body has | 8:59:25 | 8:59:30 | |
to notify, consult on get permission
from the UK body. Is in the | 8:59:30 | 8:59:38 | |
overwhelming advantage of this rule
is that it allows flexibility is | 8:59:38 | 8:59:45 | |
cooperate, making it more likely we
will achieve a regulatory equivalent | 8:59:45 | 8:59:49 | |
solution more quickly. That's
entirely right. It preserves the | 8:59:49 | 8:59:54 | |
flexibility to cooperate with
European partners. Regulatory | 8:59:54 | 9:00:00 | |
equivalences can be critical to
achieve that. It is that in a way | 9:00:00 | 9:00:04 | |
that doesn't place any inappropriate
legal constraints on the UK's on | 9:00:04 | 9:00:08 | |
operation when we have left. I'm not
suggesting every answer to | 9:00:08 | 9:00:13 | |
everything in these amendments. It
is moved in the spirit of wanting to | 9:00:13 | 9:00:16 | |
work with the government going
forward. I think they go a long way | 9:00:16 | 9:00:20 | |
towards delivering that objective of
having a functioning statute book | 9:00:20 | 9:00:24 | |
there on exit day and in a
relatively simple manner. The second | 9:00:24 | 9:00:30 | |
Amendment, very briefly, it deals
with what I think those who worked | 9:00:30 | 9:00:37 | |
on this perceived as a potential gap
concerning the interpretation of | 9:00:37 | 9:00:44 | |
domesticated EU law. Clause 6.3
preserves the effect of case law | 9:00:44 | 9:00:52 | |
laid down before exit date. We know
law 6.2 provides discretion. We have | 9:00:52 | 9:00:57 | |
talked about that a lot, taking it
into account. I listened with | 9:00:57 | 9:01:00 | |
interest to the speech of the
Honourable and learn it lady on that | 9:01:00 | 9:01:06 | |
point. I didn't say it provides the
answer but it raises serious issues | 9:01:06 | 9:01:11 | |
that need to be looked at. Just for
the sake of clarity, I think you | 9:01:11 | 9:01:21 | |
will find that in schedule eight,
paragraph 25, there is enough scope | 9:01:21 | 9:01:25 | |
within their four other documents of
the type that he refers to to be | 9:01:25 | 9:01:29 | |
considered by the court. I hope I
have given him enough reassurance on | 9:01:29 | 9:01:33 | |
that point. I am very grateful
indeed for the Solicitor General for | 9:01:33 | 9:01:39 | |
that clarification. He is happy to
meet me and discuss that. A | 9:01:39 | 9:01:49 | |
constructive response and
characteristically so. That will | 9:01:49 | 9:01:55 | |
enable us to deal with things like
negotiating text, the sort of thing | 9:01:55 | 9:02:06 | |
that we can discuss. Why is that
important to the international | 9:02:06 | 9:02:11 | |
regulatory group and while a central
to this? If you look at the | 9:02:11 | 9:02:14 | |
membership of that group, it
includes virtually all the | 9:02:14 | 9:02:19 | |
significant representative
institutions of the London financial | 9:02:19 | 9:02:21 | |
community. The stock exchange, the
associated financial markets in | 9:02:21 | 9:02:26 | |
Europe, Association of British
insurers, the British bankers | 9:02:26 | 9:02:31 | |
Association, the city Corporation,
major commercial organisations, | 9:02:31 | 9:02:34 | |
credit Suisse, Aviva, I Allianz | 9:02:34 | 9:02:43 | |
major commercial organisations,
credit Suisse, Aviva, I Allianz, | 9:02:43 | 9:02:44 | |
HSBC, Lloyds, it goes through the
key underpinnings of the city's | 9:02:44 | 9:02:47 | |
operation. These are important
things to take account of. I'm | 9:02:47 | 9:02:51 | |
grateful for the Minister's
willingness to meet and discuss | 9:02:51 | 9:02:54 | |
these. In doing that, can I finally
also commenced to him and other | 9:02:54 | 9:02:59 | |
ministers the observation made by my
right honourable friend, the member | 9:02:59 | 9:03:03 | |
for Chesham and Amersham, about the
Frankie Bridge cases, it cannot be | 9:03:03 | 9:03:07 | |
the intention of government that we
will remove the opportunity for | 9:03:07 | 9:03:10 | |
people to seek a remedy to wrongs
that have been done prior to our | 9:03:10 | 9:03:16 | |
departure. It's important we get
this right and she raises a critical | 9:03:16 | 9:03:19 | |
issue. I hope that ministers will
observe that the guidance in clause | 9:03:19 | 9:03:27 | |
6.2 is clearly not sufficient to
meet the concerns of our senior | 9:03:27 | 9:03:31 | |
judiciary. They have said as much.
When the noble Lord Newberg said | 9:03:31 | 9:03:41 | |
that the discretion is so wide that
it puts ministers at risk of attack. | 9:03:41 | 9:03:54 | |
Members have praised the quality of
our judiciary, and I totally agree | 9:03:54 | 9:03:57 | |
with that. We ought to listen
carefully when they say that we, as | 9:03:57 | 9:04:01 | |
a matter of protection against
malicious attack, as they have seen | 9:04:01 | 9:04:04 | |
in the past from some elements of
the press, they actually looked to | 9:04:04 | 9:04:10 | |
Parliament to protect their ability
to function independently in what | 9:04:10 | 9:04:15 | |
politicised cases. I am listening
with care to my honourable friend, | 9:04:15 | 9:04:19 | |
but will he accept from me that
there is another danger in | 9:04:19 | 9:04:22 | |
prescribing too many words in this
bill that could actually fetter the | 9:04:22 | 9:04:27 | |
discretion of the court in a way
they would find equally | 9:04:27 | 9:04:30 | |
unacceptable, and that there is a
balance to be struck here. There is, | 9:04:30 | 9:04:35 | |
and that's all the more important,
perhaps unusually, that governments | 9:04:35 | 9:04:40 | |
need to talk quietly with the
judiciary to find out exactly what | 9:04:40 | 9:04:42 | |
they are saying. It can't compromise
their independence. Those of us that | 9:04:42 | 9:04:47 | |
do talk to them and are in touch,
want to make sure the government | 9:04:47 | 9:04:51 | |
understands the root of their
concerns, and I'm sure there is a | 9:04:51 | 9:04:55 | |
constructive way forward on that. I
know the Solicitor General will be | 9:04:55 | 9:04:59 | |
aware of it, but this was referred
to in the Justice committee's report | 9:04:59 | 9:05:03 | |
in the last parliament. I would also
draw his attention to the concerns | 9:05:03 | 9:05:07 | |
raised by the local lord, Lord
Thomas, the recently retired Lord | 9:05:07 | 9:05:11 | |
Chief Justice, in his evidence only
a couple of days before he retired | 9:05:11 | 9:05:15 | |
from that post. They give a pretty
clear steer to the sort of thing we | 9:05:15 | 9:05:20 | |
are looking out for, and various
types of language posited. I hope | 9:05:20 | 9:05:25 | |
the Minister accepts that we need to
look further at this. I hope we can | 9:05:25 | 9:05:28 | |
do that just constructively as we
take the bill forward. Many of my | 9:05:28 | 9:05:36 | |
constituents and businesses in my
constituency have raised the | 9:05:36 | 9:05:42 | |
importance of transition periods.
The UK transition will inevitably | 9:05:42 | 9:05:46 | |
bring with it changes to the way
goods and services are traded | 9:05:46 | 9:05:49 | |
between the UK and the EU. While
businesses on both sides are | 9:05:49 | 9:05:54 | |
beginning to anticipate and plan for
change, the scope and nature of | 9:05:54 | 9:05:58 | |
these changes are as yet unclear.
This could range from a moderate | 9:05:58 | 9:06:02 | |
disruption to a significant one in
current rights and freedoms. This | 9:06:02 | 9:06:07 | |
issue goes far beyond banking and
impacts any business that sells | 9:06:07 | 9:06:11 | |
goods and services between the UK
and EU. The negotiation of a new | 9:06:11 | 9:06:16 | |
future relationship is a separate
process from Article 50 negotiations | 9:06:16 | 9:06:20 | |
and at present there is no
indication that a new long-term | 9:06:20 | 9:06:24 | |
agreement on trade and services will
be in place at the point of exit. | 9:06:24 | 9:06:29 | |
Businesses in the UK and EU face
three unknowns. What a future looks | 9:06:29 | 9:06:34 | |
like, when that arrangement will be
in place, and what will happen in | 9:06:34 | 9:06:37 | |
the period between the end of the
current EU framework and the future | 9:06:37 | 9:06:41 | |
framework? This is why transition
arrangements are integral to avoid a | 9:06:41 | 9:06:47 | |
damaging cliff edge effect at the
point of exit. Businesses, customers | 9:06:47 | 9:06:53 | |
and their regulators will need time
to adapt and settle into a new | 9:06:53 | 9:06:58 | |
framework, a transition period would
reduce the risk of businesses making | 9:06:58 | 9:07:02 | |
potentially premature decisions
about the structures of their | 9:07:02 | 9:07:04 | |
operations. This is why negotiating
and embedding transitional | 9:07:04 | 9:07:11 | |
arrangements in a withdrawal
agreement between the UK and EU will | 9:07:11 | 9:07:13 | |
give both sides a greater degree of
visibility and certainty for | 9:07:13 | 9:07:19 | |
planning for the future. Clause six
of the EU withdrawal bill makes it | 9:07:19 | 9:07:22 | |
clear that the UK courts will not
need to keep even half an eye on the | 9:07:22 | 9:07:29 | |
case of the ECJ, and this in
legislative terms is as clear a | 9:07:29 | 9:07:32 | |
statement as you can get that the UK
courts will not have to follow ECJ | 9:07:32 | 9:07:40 | |
decisions directly or indirectly
post Brexit. Thank you. Maria | 9:07:40 | 9:07:46 | |
Miller. | 9:07:46 | 9:07:47 | |
Within this string of amendments, I
was pleased in my early intervention | 9:07:51 | 9:07:57 | |
that my honourable and learn it
friend was able to indicate the | 9:07:57 | 9:08:02 | |
government's intention to perhaps
bring forward amendments to this | 9:08:02 | 9:08:07 | |
bill at report stage, to take out
what I believe is an important | 9:08:07 | 9:08:11 | |
recommendation that was made by the
women and qualities select committee | 9:08:11 | 9:08:16 | |
in our report that we published in
February of this year, making a | 9:08:16 | 9:08:19 | |
ministerial statement of
compatibility with the equality act | 9:08:19 | 9:08:25 | |
something that was mandatory for all
bills and all secondary legislation | 9:08:25 | 9:08:30 | |
that is related to exiting the EU.
Mr Crosby, why this is important is | 9:08:30 | 9:08:37 | |
because, actually, the government
has set out very clearly that they | 9:08:37 | 9:08:40 | |
don't want to see any backsliding on
our equalities agenda or equalities | 9:08:40 | 9:08:45 | |
law when we leave the EU, and in
making the sort of amendment that my | 9:08:45 | 9:08:50 | |
honourable friend referred to, we
will have more of a guarantee that | 9:08:50 | 9:08:55 | |
that will actually be what happens.
The EU White Paper that was | 9:08:55 | 9:08:59 | |
published in February of this year
says very clearly that the | 9:08:59 | 9:09:03 | |
government wants to see the same
rules and laws applying the day | 9:09:03 | 9:09:09 | |
after we leave the EU as dated the
day before, -- as they did the day | 9:09:09 | 9:09:15 | |
before, and this approach will
preserve the rights and obligations | 9:09:15 | 9:09:17 | |
that already exist in the UK under
EU law and provide a secure basis | 9:09:17 | 9:09:24 | |
for the future, but it isn't just
the laws themselves where certainty | 9:09:24 | 9:09:28 | |
is needed but also the frameworks
within which those laws will | 9:09:28 | 9:09:31 | |
operate. What we identified in the
enquiry that we held in the select | 9:09:31 | 9:09:37 | |
committee around CEU exit is that,
after leaving the EU, for | 9:09:37 | 9:09:44 | |
individuals, things will change,
because the UK courts will no longer | 9:09:44 | 9:09:51 | |
be able to do supply law that is
found to be incompatible with | 9:09:51 | 9:09:56 | |
equality law, as is currently the
case in the CJ you. The UK will lose | 9:09:56 | 9:09:59 | |
that particular function of the CJEU
as an arbiter of incompatibility | 9:09:59 | 9:10:09 | |
with the principles of equality so,
for the government to achieve it set | 9:10:09 | 9:10:14 | |
out objective of protecting equality
rights as they are now, we have to | 9:10:14 | 9:10:19 | |
do more than simply transposed
legislation. We also have to provide | 9:10:19 | 9:10:23 | |
that additional functionality as
well. This really matters, it really | 9:10:23 | 9:10:28 | |
matters to our constituents. It
really matters to women like Carol, | 9:10:28 | 9:10:35 | |
who was fired by her employer for
being pregnant. She had her case | 9:10:35 | 9:10:39 | |
heard in the CJEU and her rights
enforced. It matters to mothers like | 9:10:39 | 9:10:45 | |
Karen, who just wanted to be able to
work more flexibly to care for her | 9:10:45 | 9:10:50 | |
disabled son, and she had her case
heard by the CJEU at her rights were | 9:10:50 | 9:10:54 | |
enforced. We need to make sure we
can continue to do that into the | 9:10:54 | 9:10:57 | |
future. So, the, I think, sensible
and practical recommendation that | 9:10:57 | 9:11:04 | |
was put forward by the women and
equalities select committee | 9:11:04 | 9:11:08 | |
recommended to the government a
simple solution. The recommendations | 9:11:08 | 9:11:13 | |
set out that a statement of
compatibility is published by | 9:11:13 | 9:11:15 | |
government ministers when any SI or
bill relating to EU withdrawal is | 9:11:15 | 9:11:22 | |
published, explaining why the
proposals are or are not compliant | 9:11:22 | 9:11:27 | |
with the equality act. Really,
mirroring provisions that are | 9:11:27 | 9:11:30 | |
already set out in the Human Rights
Act of 1998, sections 19 and four. I | 9:11:30 | 9:11:39 | |
think this would really make it
clear to the courts that they must | 9:11:39 | 9:11:44 | |
be taking account of the equality
act, and that, if legislation is | 9:11:44 | 9:11:50 | |
incompatible, the courts could
indeed make a declaration of | 9:11:50 | 9:11:55 | |
incompatibility, which would, I
believe, have to be rectified by the | 9:11:55 | 9:11:59 | |
government, as indeed is the case
now. This is important because, as I | 9:11:59 | 9:12:05 | |
said, it enables the government to
be able to adhere to what it has set | 9:12:05 | 9:12:09 | |
out to be its policy. It also
missing gap that currently is filled | 9:12:09 | 9:12:14 | |
by the EU courts of justice. It
gives the courts in the UK the | 9:12:14 | 9:12:17 | |
potential power to be able to make
declarations of incompatibility. | 9:12:17 | 9:12:25 | |
And, perhaps, for those looking to
the public sector equality duty to | 9:12:25 | 9:12:28 | |
provide some filler of the gap, we
set out in our report very clearly | 9:12:28 | 9:12:33 | |
that the duty does not apply to
primary legislation, and that is why | 9:12:33 | 9:12:38 | |
this change is needed. My right
honourable friend is making a | 9:12:38 | 9:12:45 | |
powerful case, as always, for
equality, and I just wonder if she | 9:12:45 | 9:12:49 | |
agrees with me that cooperation on
issues like FGM, human trafficking, | 9:12:49 | 9:12:54 | |
other gender-based crimes should
also be included in the exit | 9:12:54 | 9:12:58 | |
agreement? My honourable friend has
a great deal of experience in these | 9:12:58 | 9:13:05 | |
matters, and I'm sure that ministers
sitting on the front bench looking | 9:13:05 | 9:13:08 | |
at these issues closely, because
they will be as aware as she and I | 9:13:08 | 9:13:12 | |
are that, as we leave the EU, the
complexity is particularly around | 9:13:12 | 9:13:18 | |
equalities need careful attention. I
was pleased that ministers, when | 9:13:18 | 9:13:21 | |
they came in front of us recently
from the GE oh, were prepared to | 9:13:21 | 9:13:28 | |
discuss issues around Brexit, and I
hope that perhaps in the future | 9:13:28 | 9:13:32 | |
Brexit ministers themselves will
want to come in front of the | 9:13:32 | 9:13:35 | |
equalities select committee to
discuss these sorts of things she | 9:13:35 | 9:13:38 | |
has set out. I thank the Minister
for really taking this issue very | 9:13:38 | 9:13:43 | |
seriously, and I know he's got a lot
on his plate, but he's taken the | 9:13:43 | 9:13:48 | |
time to look at this issue in some
detail, and I think he should be | 9:13:48 | 9:13:52 | |
applauded for that. I refer to my
honourable friend, the member for | 9:13:52 | 9:13:57 | |
Esher and Walton. I look forward to,
when it comes to the report stage, | 9:13:57 | 9:14:01 | |
seeing the fruits of his Labour. I
just wanted to speak briefly in | 9:14:01 | 9:14:11 | |
support of amendment 137, which my
honourable and learned friend for | 9:14:11 | 9:14:15 | |
Edinburgh South West has tabled and
spoken about so persuasively about, | 9:14:15 | 9:14:18 | |
arguing that the need to strengthen
and to clarify for six, sub-clause | 9:14:18 | 9:14:22 | |
two in particular for the if the UK
is to leave the EU, it is important | 9:14:22 | 9:14:28 | |
not only that there is a functional
statute but that it is accessible | 9:14:28 | 9:14:32 | |
and compensable as probable -- as
possible. The ordinary citizen must | 9:14:32 | 9:14:37 | |
be able to understand rights and
obligations and business needs | 9:14:37 | 9:14:40 | |
clarity about the rules under which
they will be trading. Courts require | 9:14:40 | 9:14:44 | |
clear business about Parliament's
interventions. Economic interest | 9:14:44 | 9:14:48 | |
requires that. As it stands, there
is still much work to do to achieve | 9:14:48 | 9:14:52 | |
these aims, including rectifying the
lack of clarity in clause six. The | 9:14:52 | 9:14:56 | |
starting point where I think there
is an undisputed fact is sub-clause | 9:14:56 | 9:15:01 | |
three of clause six. Clearly
unmodified retained EU law should be | 9:15:01 | 9:15:08 | |
interpreted in accordance with
retained case and the principles of | 9:15:08 | 9:15:10 | |
EU law. That is necessary to ensure
the statute book applies in the same | 9:15:10 | 9:15:15 | |
way after exit as before.
Immediately after that is where we | 9:15:15 | 9:15:19 | |
get into sticky territory, and that
is the state is opposite exit | 9:15:19 | 9:15:24 | |
European caselaw. In the months and
years after exit, few cases in the | 9:15:24 | 9:15:28 | |
course of justice will concern new
EU rules -- new EU rules. Most will | 9:15:28 | 9:15:35 | |
deal with things which have not been
interpreted. In essence, such | 9:15:35 | 9:15:40 | |
decisions by the Court of Justice
are really decisions about how that | 9:15:40 | 9:15:43 | |
law always was and should have been
applied, including immediately prior | 9:15:43 | 9:15:47 | |
to exit. With apologies for moving
away from highbrow discussions about | 9:15:47 | 9:15:53 | |
the rule of law at the southern tree
Parliament, let me talk | 9:15:53 | 9:15:56 | |
hypothetically... -- at the
sovereignty of Parliament. If the | 9:15:56 | 9:16:03 | |
decision of the Court of Justice
shortly after the exit clarifies | 9:16:03 | 9:16:06 | |
that regulations do in fact apply
between you and cutting edge form of | 9:16:06 | 9:16:10 | |
budget, that decision is telling us
and clarifying what retained EU law | 9:16:10 | 9:16:16 | |
was an Brexit day, the point at
which it was inducted into our laws. | 9:16:16 | 9:16:19 | |
And yet this bill appears to fudge
or dodge the issue of whether or not | 9:16:19 | 9:16:25 | |
that ruling should be followed or
given any consideration. I think | 9:16:25 | 9:16:29 | |
they are in danger of passing the
buck. On what is a political | 9:16:29 | 9:16:33 | |
decision to judges. The UK many
fragile the six sided budget, unlike | 9:16:33 | 9:16:38 | |
his German counterpart, is unclear
where he stands, and importantly so | 9:16:38 | 9:16:43 | |
are the judges. What I think should
happen, and I think there is a | 9:16:43 | 9:16:47 | |
strong argument for this, is that
this parliament says, because that | 9:16:47 | 9:16:52 | |
objective is part of retained EU
law, and the fact there was a Court | 9:16:52 | 9:16:56 | |
of Justice judgment, even though
handed down after exit, if that | 9:16:56 | 9:16:59 | |
judgment confirms that when they
incorporated those obligations we | 9:16:59 | 9:17:02 | |
were in Corbridge and revelations
that do apply to a six sided widget, | 9:17:02 | 9:17:05 | |
that is also part of retained EU law
in the UK, unless there is good | 9:17:05 | 9:17:10 | |
reason to the contrary foot that
would seem sensible and desirable | 9:17:10 | 9:17:13 | |
first of all simply from illegal
Cary Grant of you but more | 9:17:13 | 9:17:17 | |
importantly from a practical point
of view, because if we have to make | 9:17:17 | 9:17:20 | |
trading competition with the EU as
simple as possible it surely makes | 9:17:20 | 9:17:23 | |
sense for the same rule, one found
in the EU regulation, one in | 9:17:23 | 9:17:31 | |
domestic law, to be interpreted in
the same way unless there are such | 9:17:31 | 9:17:34 | |
very good reasons to the contrary
foot all that clause 6.1 says is | 9:17:34 | 9:17:39 | |
that courts and tribunals are not
bound by post Brexit Court of | 9:17:39 | 9:17:42 | |
Justice decisions and it just says
it can have regard to such caselaw | 9:17:42 | 9:17:47 | |
if it considers it appropriate. Lord
Newberg says that isn't hopeful for | 9:17:47 | 9:17:51 | |
judges and neither is it helpful for
the six sided widget manufacturer | 9:17:51 | 9:17:56 | |
who needs to know whether he can
comply with those revelations and | 9:17:56 | 9:17:59 | |
isn't sure whether that will work.
You might even find that courts in | 9:17:59 | 9:18:05 | |
different parts of the UK could come
to different decisions about whether | 9:18:05 | 9:18:08 | |
to follow a Court of Justice
judgment on the widget regulations. | 9:18:08 | 9:18:12 | |
I think Parliament has to do much
better. We have to bear in mind that | 9:18:12 | 9:18:17 | |
amendment one and 137 are
alternative options if there are | 9:18:17 | 9:18:23 | |
reasons why domestic courts
shouldn't want to follow a Court of | 9:18:23 | 9:18:25 | |
Justice ruling. The court could
simply regard and declined to follow | 9:18:25 | 9:18:31 | |
the court judgment, and there could
be good reasons for that to happen, | 9:18:31 | 9:18:34 | |
perhaps it Parliament had already
decided to put in place its own | 9:18:34 | 9:18:39 | |
separate statutory regime for six
sided widgets. Ultimately, it | 9:18:39 | 9:18:43 | |
Parliament decides after a
particular judgment by the Court of | 9:18:43 | 9:18:45 | |
Justice that it wants to change
retained law in order to take a | 9:18:45 | 9:18:49 | |
different course, it can do that.
But there are many more rules which | 9:18:49 | 9:18:52 | |
surely it would be sensible for this
Parliament to leave in place as they | 9:18:52 | 9:18:56 | |
are and to stick to ensure
consistently of the application so | 9:18:56 | 9:19:00 | |
far as that is possibly. It is
perhaps one of the reasons why the | 9:19:00 | 9:19:09 | |
government and the Brexiteers who
appear to be paying precious little | 9:19:09 | 9:19:12 | |
attention to anything that is going
on in the house at the moment are | 9:19:12 | 9:19:16 | |
not really interested in all of
this, because what they want to see | 9:19:16 | 9:19:19 | |
is a bonfire of any kind of
regulations of this kind and a race | 9:19:19 | 9:19:23 | |
to the bottom. That is the ultimate
goal of the Brexiteers on the | 9:19:23 | 9:19:27 | |
benches opposite. I suspect my
honourable friend is right with his | 9:19:27 | 9:19:32 | |
intervention. At the point of
suggesting, there are many more | 9:19:32 | 9:19:37 | |
rules which surely it would be
sensible for this Parliament to | 9:19:37 | 9:19:40 | |
leave in place exactly as they are,
and not only that to seek to ensure | 9:19:40 | 9:19:44 | |
consistency of application between
the UK and EU so far as possible. | 9:19:44 | 9:19:49 | |
Within the bill itself, sub-clause
6.6, it allows for modified retained | 9:19:49 | 9:19:53 | |
law to be interpreted in accordance
with retained law and principles if | 9:19:53 | 9:19:58 | |
that is what Parliament in tents.
What we need is clear expression of | 9:19:58 | 9:20:01 | |
intention that, by leaving rules
unmodified and retaining the same | 9:20:01 | 9:20:06 | |
rules as are in place on exit date,
we are generally seeking for them to | 9:20:06 | 9:20:09 | |
be applied in the same way here is
across the EU, and that is a | 9:20:09 | 9:20:14 | |
political decision and that is why
it shouldn't be left to judges that | 9:20:14 | 9:20:17 | |
should be expressed clearly by this
Parliament that that is what we want | 9:20:17 | 9:20:20 | |
to happen. That will help judges, it
will be good for the six sided | 9:20:20 | 9:20:26 | |
widget manufacturers, who understand
the rules under which they have to | 9:20:26 | 9:20:30 | |
operate and, importantly, it will be
good for citizens who will benefit | 9:20:30 | 9:20:33 | |
from clarity about the rights, so it
is imperative that Parliament eggs | 9:20:33 | 9:20:37 | |
this happen, by amendment 137 or
otherwise. -- Parliament makes this | 9:20:37 | 9:20:43 | |
happen. It pains me to say this, but
I think that what several of us have | 9:20:43 | 9:20:48 | |
been trying to say, put briefly, is
that clause six as it stands is a | 9:20:48 | 9:20:52 | |
frightful mess. Of course, I shall
be voting with the government | 9:20:52 | 9:20:58 | |
tonight, but I very much hope that,
after this debate, as did not happen | 9:20:58 | 9:21:05 | |
after the second reading, that the
government will go away and think | 9:21:05 | 9:21:08 | |
about clause six because, if it
doesn't, it will get massacred in | 9:21:08 | 9:21:11 | |
the House of Lords, but rightly, not
least by former law lords and, after | 9:21:11 | 9:21:17 | |
that, it will be difficult for those
of us who know it's a mess at the | 9:21:17 | 9:21:21 | |
moment to support and attempt to
overrule the House of Lords. I bake | 9:21:21 | 9:21:24 | |
the front bench to take seriously
the problem that we are trying to | 9:21:24 | 9:21:29 | |
expose. Let me try to describe it
more clearly than perhaps I've | 9:21:29 | 9:21:33 | |
managed so far, but I know that my
right honourable friend and others | 9:21:33 | 9:21:38 | |
have also tried. It is very clear
from clause 5.2 that the government | 9:21:38 | 9:21:47 | |
accepts that in relation to be
retained law, the interpretive | 9:21:47 | 9:21:51 | |
powers of the ECJ are extremely
wide, because 5.2 tells us that the | 9:21:51 | 9:22:03 | |
principal and supremacy of EU law
will continue to apply, so far as | 9:22:03 | 9:22:06 | |
relevant to application, with any
enactment. As my honourable friend | 9:22:06 | 9:22:12 | |
sitting below me has pointed out,
the supreme power that can be given | 9:22:12 | 9:22:18 | |
to a court of this land is being
attributed in this bill to the ECJ, | 9:22:18 | 9:22:24 | |
in respect of existing legislation,
namely, the power to squash an act | 9:22:24 | 9:22:29 | |
of Parliament. You can't get higher
than that. Now, we come to clause | 9:22:29 | 9:22:34 | |
six and, in particular, 6.3. My
honourable friend, the Minister, | 9:22:34 | 9:22:40 | |
said that he wanted to create a
snapshot, I think I am quoting him | 9:22:40 | 9:22:45 | |
exactly, under which the courts in
6.3 would proceed exactly as 6.3 a | 9:22:45 | 9:22:55 | |
tells us, namely, in accordance to
any retained caselaw and any | 9:22:55 | 9:22:58 | |
retained general principles of EU
law. We do that together with 5.2, | 9:22:58 | 9:23:02 | |
that means the court as a whole are
being abjured by act of Parliament | 9:23:02 | 9:23:10 | |
to observe the supremacy of the ECJ
in respect of retained law including | 9:23:10 | 9:23:12 | |
where that requires the quashing of
an act of Parliament, and there is | 9:23:12 | 9:23:18 | |
no hesitation in three a about the
courts' scope of discretion in that | 9:23:18 | 9:23:26 | |
respect. That seems a perfectly
clear position. It isn't one, as a | 9:23:26 | 9:23:32 | |
matter of fact, that I would wish to
sponsor. I think it defeats a large | 9:23:32 | 9:23:38 | |
part of the very reason for Brexit.
For example, almost the entirety of | 9:23:38 | 9:23:43 | |
our benefits system has been warped
by interpretations of the ECJ which | 9:23:43 | 9:23:47 | |
go expensively way beyond the
treaties and create constraints on | 9:23:47 | 9:23:54 | |
the award of benefits that no
British government would wish to | 9:23:54 | 9:23:57 | |
see. Nevertheless, it is a clip
position, and my only purpose this | 9:23:57 | 9:24:02 | |
evening is to make sure we don't
create a frightful legal muddle, so | 9:24:02 | 9:24:06 | |
I would even settle for 6.3 a as the
principal of the thing if it were | 9:24:06 | 9:24:12 | |
clear and applied to the UK courts. | 9:24:12 | 9:24:18 | |
The problem is when you turn to
6-pointer for a it is perfectly | 9:24:18 | 9:24:22 | |
clear that on the face of the Bilby
Supreme Court is not bound by any | 9:24:22 | 9:24:31 | |
caselaw. My honourable Minister said
this was fine because after the | 9:24:31 | 9:24:36 | |
snapshot the Supreme Court would be
able to make adjustments and so the | 9:24:36 | 9:24:39 | |
law would move on. Let's follow the
process a bit. A lower court, or | 9:24:39 | 9:24:46 | |
maybe a sequence of lower courts up
to but not including the Supreme | 9:24:46 | 9:24:50 | |
Court, had before them a case to
which they must apply the principles | 9:24:50 | 9:24:55 | |
of 6.3 eight. They inform the judge
that the possibly very expansive and | 9:24:55 | 9:25:02 | |
possibly TV a logical judgments of
the ECJ going way beyond the plain | 9:25:02 | 9:25:08 | |
words of any text or treaty or right
corrective or regulation apply. Best | 9:25:08 | 9:25:15 | |
possibly teleological. The Supreme
Court has given no as to what | 9:25:15 | 9:25:25 | |
principles to apply. It is simpler
told is not bound by EU caselaw. | 9:25:25 | 9:25:28 | |
Let's suppose that for some reason
in some good reason, for example the | 9:25:28 | 9:25:33 | |
principle of equity or natural
justice or some such, the Supreme | 9:25:33 | 9:25:37 | |
Court judges in the opposite
direction to that of the lower | 9:25:37 | 9:25:39 | |
courts. It has now created a
precedent. The next case of a | 9:25:39 | 9:25:43 | |
similar variety appears in a lower
court. The lower court is abjured by | 9:25:43 | 9:25:47 | |
the statute, notwithstanding the
Supreme Court having made that | 9:25:47 | 9:25:52 | |
decision to follow 6.38 and apply
the rulings of the ECJ however | 9:25:52 | 9:26:00 | |
expansive and contradictory the
treaties were, and notwithstanding | 9:26:00 | 9:26:03 | |
whatever the Supreme Court has said,
or is it? Should the lower court | 9:26:03 | 9:26:08 | |
instead apply the principle applied
by the Supreme Court when it was | 9:26:08 | 9:26:12 | |
relying on 6.4 eight it departed. I
am listening with great care, is in | 9:26:12 | 9:26:20 | |
the simple answer that the Supreme
Court will apply the rules of | 9:26:20 | 9:26:25 | |
precedent in accordance with their
practice direction of 50 years ago | 9:26:25 | 9:26:29 | |
which allows them to depart from
previous case authority where it | 9:26:29 | 9:26:34 | |
appears right to do so. So there are
principles that are set out in | 9:26:34 | 9:26:38 | |
domestic law by the Supreme Court
and its predecessor in the judiciary | 9:26:38 | 9:26:42 | |
of the House of Lords. With great
respect to the Solicitor General, I | 9:26:42 | 9:26:48 | |
would draw him back to 6.3 a which
directs the lower court in such a | 9:26:48 | 9:26:55 | |
case to continue to apply the
contained caselaw in the case of ECJ | 9:26:55 | 9:27:03 | |
jurisprudence and stop the Supreme
Court jurisprudence. If that is not | 9:27:03 | 9:27:06 | |
what the government intends than it
needs to redraft 6.3 A. They can | 9:27:06 | 9:27:11 | |
have it one way or the other way,
but we can't in this country have a | 9:27:11 | 9:27:14 | |
legal system that tells our courts
to do two different things. That's | 9:27:14 | 9:27:20 | |
why the former judges are causing a
ferocious because they are not being | 9:27:20 | 9:27:26 | |
told what we are as a parliament
expecting of them. In effect we seek | 9:27:26 | 9:27:36 | |
to settle the status of EU caselaw
so it has equivalent status of | 9:27:36 | 9:27:41 | |
Supreme Court authority. That's what
we are doing that is the explanation | 9:27:41 | 9:27:44 | |
for the hierarchy that he has very
fairly outlined in his remarks. If | 9:27:44 | 9:27:52 | |
the Solicitor General is trying to
argue that he is aiming for an | 9:27:52 | 9:28:00 | |
equality in which the jurisprudence
of the ECJ and the jurisprudence of | 9:28:00 | 9:28:05 | |
the Supreme Court are equal, that
poses an insoluble problem for the | 9:28:05 | 9:28:09 | |
lower court. One has to Trump the
other. And this bill, if it is | 9:28:09 | 9:28:16 | |
trying to make out one trumps the
other, it does not do it. It's quite | 9:28:16 | 9:28:19 | |
important that a human being who
speaks English and reads this bill | 9:28:19 | 9:28:23 | |
can see which Trump switch. I will
give way. What I understand exactly | 9:28:23 | 9:28:30 | |
where my right honourable friend is
coming from. Meyer standing is that | 9:28:30 | 9:28:40 | |
once the Supreme Court had departed
from the jurisprudence of the | 9:28:40 | 9:28:43 | |
European Court of Justice in a
particular case, then thereafter the | 9:28:43 | 9:28:47 | |
Supreme Court 's' jurisprudence
would be the one that the lower | 9:28:47 | 9:28:54 | |
court had to follow. But that does
not get as pass the problem that the | 9:28:54 | 9:29:00 | |
Supreme Court is provided with no
guidance whatsoever about the | 9:29:00 | 9:29:05 | |
purpose nature of EU law and how it
should approach. Let me take my | 9:29:05 | 9:29:12 | |
right honourable friend's very
helpful intervention into steps. If | 9:29:12 | 9:29:17 | |
what he said in the first step about
the supremacy of the Supreme Court's | 9:29:17 | 9:29:22 | |
rulings is to apply, which is not
inequality, but puts the Supreme | 9:29:22 | 9:29:27 | |
Court above the ECJ in the
interpretation of these matters for | 9:29:27 | 9:29:31 | |
retained law, that is a perfectly
clear position and one which I would | 9:29:31 | 9:29:36 | |
welcome. But then the bill should
bloody well say so. However, if he | 9:29:36 | 9:29:47 | |
is right, and we make the
presumption the bill is adjusted, as | 9:29:47 | 9:29:51 | |
I am sure it will be in the House of
Lords to make it clear that is the | 9:29:51 | 9:29:55 | |
case, we face the next problem, what
is the poor old Supreme Court meant | 9:29:55 | 9:29:58 | |
to be doing? I can understand him in
6.3 letter A, the words in | 9:29:58 | 9:30:09 | |
accordance with any retained
caselaw, but I don't understand the | 9:30:09 | 9:30:13 | |
words any retained principles of EU
law, because that would suggest the | 9:30:13 | 9:30:17 | |
court as to adopt a methodology.
Actually what we want our courts to | 9:30:17 | 9:30:26 | |
do is revert to what they used,
which is interpreting statute | 9:30:26 | 9:30:33 | |
without reference to the
jurisprudential techniques and the | 9:30:33 | 9:30:37 | |
teleological techniques adopted by
European courts. As a matter of | 9:30:37 | 9:30:42 | |
fact, notwithstanding the chuntering
of my right honourable friend on the | 9:30:42 | 9:30:46 | |
back row, she is quite wrong about
these issues, but I happen to agree | 9:30:46 | 9:30:50 | |
with my honourable friend. My point
is, it doesn't matter which side of | 9:30:50 | 9:30:55 | |
the argument you on, but we have to
be on one clear side or the other. | 9:30:55 | 9:30:59 | |
The reason it says in 6.3AI feel
sure that the joke court should | 9:30:59 | 9:31:04 | |
judge with any accordance with any
retained principles, is exactly the | 9:31:04 | 9:31:08 | |
reason my Solicitor General sites.
As we see in 5.2, the purpose of the | 9:31:08 | 9:31:15 | |
teleological nature of the judgments
and the ability of those judgments | 9:31:15 | 9:31:19 | |
to quash even acts of Parliament
should apply to the way our courts | 9:31:19 | 9:31:24 | |
continue to interpret retained law.
I think that is the intent of 6.3 A. | 9:31:24 | 9:31:29 | |
That leaves us with a wide open and
you on in question, should the | 9:31:29 | 9:31:34 | |
Supreme Court, in making judgments
where it is not bound we are told in | 9:31:34 | 9:31:38 | |
6.4 letter eight by any retained EU
caselaw, nevertheless apply the | 9:31:38 | 9:31:43 | |
general principles and try to the
same purpose and teleological | 9:31:43 | 9:31:48 | |
reasoning that the ECJ uses? We are
not told, the judges are not told, | 9:31:48 | 9:31:53 | |
and therefore six, so far from
creating legal certainty, creates | 9:31:53 | 9:31:57 | |
the largest possible degree of legal
uncertainty. Not a tolerable | 9:31:57 | 9:32:02 | |
position at what one big government
or opposition wishes to achieve. I | 9:32:02 | 9:32:05 | |
don't think there is anyone in the
whole House of Commons wishes to | 9:32:05 | 9:32:10 | |
achieve it, but the cause as
currently drafted achieves this. I | 9:32:10 | 9:32:15 | |
think The Right Honourable member
for West Dorset is absolutely right | 9:32:15 | 9:32:18 | |
in pointing out issues that need to
be clarified and clarified as soon | 9:32:18 | 9:32:23 | |
as possible, which is why new clause
14 says in a very polite way, it | 9:32:23 | 9:32:28 | |
would help everybody if the
government, within one month of | 9:32:28 | 9:32:31 | |
Royal assent of the act could
publish a report explaining improper | 9:32:31 | 9:32:38 | |
detail how EU retained law applies
within that transition period. | 9:32:38 | 9:32:44 | |
Forgive me, but the honourable
gentleman didn't allow me to | 9:32:44 | 9:32:46 | |
intervene on him. Let me say now
that his point is wholly irrelevant | 9:32:46 | 9:32:51 | |
to clause six. It relates to the
transition, which will be covered in | 9:32:51 | 9:32:55 | |
another bill. My concern is about
the continuing state of UK law | 9:32:55 | 9:32:59 | |
following exit. This is not going to
be resolved by the government | 9:32:59 | 9:33:03 | |
producing some white paper or other.
It has to be resolved by clause six | 9:33:03 | 9:33:07 | |
being drafted in a way that creates
the very legal certainty the | 9:33:07 | 9:33:12 | |
government admirably wishes to
create, and at the moment it | 9:33:12 | 9:33:15 | |
abundantly fails to do. I would like
to put on the record that I think my | 9:33:15 | 9:33:20 | |
right honourable friend is asking
some very interesting questions. It | 9:33:20 | 9:33:27 | |
doesn't necessarily mean that him
not being a judge, or indeed any of | 9:33:27 | 9:33:31 | |
us in this chamber, that he is
necessarily drawing the right | 9:33:31 | 9:33:34 | |
conclusions. But what he's doing is
pointing to a number of questions | 9:33:34 | 9:33:39 | |
which definitely needs be raised. I
would simply say that one thing I | 9:33:39 | 9:33:44 | |
don't think he has mentioned
particularly is under 5.1, the | 9:33:44 | 9:33:50 | |
principle of the supremacy of EU law
does not apply to an enactment or | 9:33:50 | 9:33:54 | |
rule of law passed or made after
exit day, and that must include this | 9:33:54 | 9:33:58 | |
bill. And furthermore, I don't think
he has quite taken on board what the | 9:33:58 | 9:34:03 | |
Solicitor General said with respect
to our application of interpretation | 9:34:03 | 9:34:10 | |
which they would be obliged to apply
in the Supreme Court after exit day. | 9:34:10 | 9:34:14 | |
I think there are some interesting
questions, but I don't think, if I | 9:34:14 | 9:34:19 | |
may say so, that we can necessarily
draw conclusions from the questions | 9:34:19 | 9:34:22 | |
he is putting. I'm grateful to my
honourable friend and I'm happy to | 9:34:22 | 9:34:30 | |
leave it to the government to draw
conclusions and asked questions in | 9:34:30 | 9:34:34 | |
due course. I don't think 5.1 helps
at all. My honourable friend is | 9:34:34 | 9:34:39 | |
right that it excludes the
possibility of subsequent enactments | 9:34:39 | 9:34:44 | |
being subject to the principle of
supremacy. But in 5.2 it is equally | 9:34:44 | 9:34:49 | |
clear that in so far as the retained
laws are concerned, the principle of | 9:34:49 | 9:34:53 | |
supremacy remains, and therefore
they may be judgments that in the | 9:34:53 | 9:34:56 | |
future judge that already existing
law, whether it is judged to be a | 9:34:56 | 9:35:03 | |
conflict between an act of
Parliament and an ECJ ruling, should | 9:35:03 | 9:35:08 | |
have the result that the ECJ ruling
triumphs over the act of Parliament. | 9:35:08 | 9:35:12 | |
That is a perfectly possible and
sensible position to adopt. It's not | 9:35:12 | 9:35:16 | |
one my honourable friend here from
Colchester... Harwich, forgive me, | 9:35:16 | 9:35:22 | |
and I would like to see, but
nevertheless it's a perfectly | 9:35:22 | 9:35:28 | |
tolerable position, but it needs to
be carried over from the Supreme | 9:35:28 | 9:35:31 | |
Court just as much. My point remains
the very simple point that the bill, | 9:35:31 | 9:35:36 | |
if it is trying to achieve a
hierarchy here, it needs to state | 9:35:36 | 9:35:39 | |
what the hierarchy is. In stating
that hierarchy it needs to make | 9:35:39 | 9:35:44 | |
clear who governs whom. At the
moment, this doesn't do it. Wes | 9:35:44 | 9:35:52 | |
Streeting. It's a pleasure to follow
The Right Honourable member for West | 9:35:52 | 9:35:59 | |
Dorset, who rather
uncharacteristically had to knock | 9:35:59 | 9:36:04 | |
several lumps out of his own front
bench to get them to see sense | 9:36:04 | 9:36:10 | |
around some obvious problems with
clause six. I have chosen to rise at | 9:36:10 | 9:36:14 | |
this point in the evening to pick up
on some of the inconsistencies and | 9:36:14 | 9:36:18 | |
flaws that I think have been
revealed during the course of this | 9:36:18 | 9:36:20 | |
debate. In the insufficient and in
some case absent replies from the | 9:36:20 | 9:36:26 | |
front bench. My honourable friend,
the member for Sheffield century as | 9:36:26 | 9:36:31 | |
the minister very clearly if during
the transition period the | 9:36:31 | 9:36:33 | |
jurisdiction of the European Court
of Justice would apply. The | 9:36:33 | 9:36:40 | |
Minister, if the Minister would like
to address that point now I am happy | 9:36:40 | 9:36:43 | |
to give way. He was not here for
large parts of the debate. It was | 9:36:43 | 9:36:52 | |
addressed very squarely. If he reads
Hansford. For the benefit of viewers | 9:36:52 | 9:36:58 | |
just tune in in on BBC Parliament,
I'm happy to give way to him a | 9:36:58 | 9:37:02 | |
second time if you would like to
state very clearly for the record, | 9:37:02 | 9:37:04 | |
on that fundamental point, in his
view, does the jurisdiction of the | 9:37:04 | 9:37:10 | |
European Court of Justice apply
during a transition period. It's a | 9:37:10 | 9:37:14 | |
very simple question and it only
needs a yes or no answer. I suspect | 9:37:14 | 9:37:26 | |
that the Minister has been taking
lessons from the Foreign Secretary | 9:37:26 | 9:37:31 | |
and I suggest when he says we should
read Hansford, we will find a giant | 9:37:31 | 9:37:36 | |
lacuna in Hansard. These will come
back to haunt him. | 9:37:36 | 9:37:44 | |
I am happy to be generous and to
give way to the Minister. It is a | 9:37:49 | 9:37:52 | |
simple yes or no question. Both of
the honourable gentleman have not | 9:37:52 | 9:37:58 | |
been in here for the entirety of the
debate. This issue has been | 9:37:58 | 9:38:03 | |
addressed squarely. We are not going
to pre-empt or bridge... I'm not | 9:38:03 | 9:38:13 | |
sure the minister entirely had a
chance to finish his point. I am | 9:38:13 | 9:38:16 | |
happy to give way again so he can
finish the central question, which | 9:38:16 | 9:38:21 | |
is whether or not the
jurisdiction... It is a simple | 9:38:21 | 9:38:24 | |
question, and the reason this is so
problematic is because those of us | 9:38:24 | 9:38:28 | |
who have been listening very
carefully to the concerns of whole | 9:38:28 | 9:38:31 | |
sections of the economy, their
concerns about uncertainty around | 9:38:31 | 9:38:36 | |
Brexit, we have heard a simple
message, which is that the biggest | 9:38:36 | 9:38:39 | |
risk to this country's economy at
this moment is uncertainty, and what | 9:38:39 | 9:38:44 | |
the government could simply do now
to reassure sectors of the economy | 9:38:44 | 9:38:48 | |
where the manufacturing businesses
with supply chains in the EU, or | 9:38:48 | 9:38:54 | |
financial and professional services,
who are worried about whether or not | 9:38:54 | 9:38:57 | |
contracts will soon be honoured and
upheld, or jobs and activity could | 9:38:57 | 9:39:01 | |
be relocated, the central message
the government could give those | 9:39:01 | 9:39:06 | |
industries is that, during the
transitional period, the existing | 9:39:06 | 9:39:11 | |
structure of EU rules and
regulations will apply, and I | 9:39:11 | 9:39:13 | |
certainly will give way. I was
present in the debate when the | 9:39:13 | 9:39:19 | |
Minister previously addressed this
question and, as far as I can | 9:39:19 | 9:39:23 | |
remember at the time, he didn't
answer the perfectly straightforward | 9:39:23 | 9:39:27 | |
question at all. I am grateful to
the right honourable gentleman. I am | 9:39:27 | 9:39:39 | |
sure, if the right honourable
gentleman didn't hear a clear | 9:39:39 | 9:39:42 | |
answer, I'm sure most members didn't
hear a clear answer, and there is a | 9:39:42 | 9:39:48 | |
golden opportunity again for the
Minister or even the Secretary of | 9:39:48 | 9:39:50 | |
State to help him out. A very simple
question about whether or not, | 9:39:50 | 9:39:56 | |
during the transition period, the
European Court of Justice will be | 9:39:56 | 9:40:00 | |
able to exercise jurisdiction in the
way it does presently. It's a simple | 9:40:00 | 9:40:05 | |
question. Can the Secretary of State
give clarity on this point alone? It | 9:40:05 | 9:40:08 | |
is a simple and fundamental
question. He is the real power | 9:40:08 | 9:40:17 | |
behind the throne. I will give way
to the honourable gentleman. I am | 9:40:17 | 9:40:21 | |
grateful to the honourable gentleman
for giving way, because the answer | 9:40:21 | 9:40:24 | |
ought to be perfectly clear. If
there is still jurisdiction of the | 9:40:24 | 9:40:29 | |
European Court of Justice, we will
not have left the European Union. I | 9:40:29 | 9:40:33 | |
am grateful to the honourable
gentleman before setting out in the | 9:40:33 | 9:40:37 | |
house today be consistent view he
has held throughout the referendum | 9:40:37 | 9:40:40 | |
campaign and in the debate that
followed that this is the | 9:40:40 | 9:40:43 | |
fundamental problem the government
have. It's not whether or not it is | 9:40:43 | 9:40:47 | |
the will of the house that the ECJ
should have jurisdiction during the | 9:40:47 | 9:40:52 | |
transitional period, because I think
most people in this house, whether | 9:40:52 | 9:40:55 | |
they voted Leave or Remain,
understand the central importance of | 9:40:55 | 9:41:01 | |
giving business certainty about what
will happen when we leave the EU. In | 9:41:01 | 9:41:05 | |
fact, the Prime Minister understood
it in the speech... She understood | 9:41:05 | 9:41:09 | |
it in her speech in Florence, where
she said, during the transition | 9:41:09 | 9:41:15 | |
period, the existing structure of EU
rules and regulations will apply. | 9:41:15 | 9:41:18 | |
She also said, which follows on some
of the points made earlier this | 9:41:18 | 9:41:23 | |
evening in the debate, and if a new
disputes resolution can be agreed | 9:41:23 | 9:41:27 | |
weekly, if this can be done
smoothly, then a new disputes | 9:41:27 | 9:41:34 | |
resolution process could be put in
more quickly, and thickly invocation | 9:41:34 | 9:41:38 | |
is there, in the Prime Minister's
view in Florence that, in order to | 9:41:38 | 9:41:43 | |
provide business with the certainty
they need now about jobs and | 9:41:43 | 9:41:47 | |
economic activity, during a
transition period, for a time | 9:41:47 | 9:41:50 | |
limited period, we would remain in
the single market, the customs union | 9:41:50 | 9:41:55 | |
and necessarily under the
jurisdiction of the European Court | 9:41:55 | 9:41:57 | |
of Justice. Is my honourable friend
as puzzled as I am why ministers are | 9:41:57 | 9:42:02 | |
not willing to support the policy of
the Prime Minister? The Prime | 9:42:02 | 9:42:07 | |
Minister made the position very
clear in answering an intervention | 9:42:07 | 9:42:09 | |
from the honourable gentleman that
the writ of the European Court of | 9:42:09 | 9:42:13 | |
Justice will run during the
transition period, at least at the | 9:42:13 | 9:42:16 | |
start of it. I am just as bewildered
as the right honourable gentleman | 9:42:16 | 9:42:22 | |
about this point and, in fact, many
members may not have seen, but | 9:42:22 | 9:42:26 | |
tomorrow's Daily Telegraph carries a
front-page splash entitled the | 9:42:26 | 9:42:30 | |
Brexit mutineers and, on the front
page, they will find people like the | 9:42:30 | 9:42:35 | |
honourable gentleman for Brookstone,
the honourable gentleman for Bromley | 9:42:35 | 9:42:40 | |
and Chislehurst, the right
honourable gentleman for Rushcliffe | 9:42:40 | 9:42:44 | |
and other Conservative members, who
have done nothing else but in the | 9:42:44 | 9:42:52 | |
course of this debate, try and get
the government to a position | 9:42:52 | 9:42:56 | |
whereby, as we leave the European
Union, we do so in a way that | 9:42:56 | 9:43:01 | |
provides the most clarity, the most
certainty and the most stability in | 9:43:01 | 9:43:05 | |
the interests of our economy, and as
my honourable friend for East Ham | 9:43:05 | 9:43:10 | |
alluded to, the real Brexit
mutineers are not people like the | 9:43:10 | 9:43:15 | |
honourable member to Brookstone, why
will give way to shortly, because | 9:43:15 | 9:43:18 | |
those members of the members who
ironically are upholding the | 9:43:18 | 9:43:22 | |
principles of the foreign speech.
The real mutineers are members of | 9:43:22 | 9:43:25 | |
the Cabinet, in the department for
exiting the European Union, in the | 9:43:25 | 9:43:31 | |
Foreign and Commonwealth Office.
They are the real Brexit new delays | 9:43:31 | 9:43:33 | |
and they should be explaining why
they are not prepared to back the | 9:43:33 | 9:43:36 | |
clear position set out by the Prime
Minister. -- the wheel mutineers. | 9:43:36 | 9:43:43 | |
Does the honourable gentleman share
my concern that this is a blatant | 9:43:43 | 9:43:45 | |
piece of bullying that goes to the
heart of democracy? Could he agree | 9:43:45 | 9:43:52 | |
with me that none of those people
who have been named in this way, and | 9:43:52 | 9:43:56 | |
I take it as a badge of honour,
actually, but none of those people | 9:43:56 | 9:43:59 | |
want to delay or to thwart Brexit.
We want a good Brexit that works for | 9:43:59 | 9:44:06 | |
everybody in our country. That isn't
a lot to ask in a democracy. I | 9:44:06 | 9:44:12 | |
wholeheartedly agree with the
honourable lady. I know she isn't | 9:44:12 | 9:44:14 | |
somebody to be pushed around and, in
fact, I looked at the front page of | 9:44:14 | 9:44:20 | |
the Telegraph and I saw a range of
principled politicians with whom I | 9:44:20 | 9:44:24 | |
have a number of principled
disagreements, but who I look to as | 9:44:24 | 9:44:29 | |
distinguished parliamentarians who
always act in what they believe to | 9:44:29 | 9:44:33 | |
be the best interests of their
constituents and their country. This | 9:44:33 | 9:44:37 | |
brings us to the central challenge
that we have at this particular | 9:44:37 | 9:44:40 | |
point in the Brexit negotiations.
Manufacturing firms would supply | 9:44:40 | 9:44:45 | |
chains in the EU are happy to make
decisions now, before Christmas, | 9:44:45 | 9:44:50 | |
about jobs, about activity, about
whether or not to renew contracts or | 9:44:50 | 9:44:56 | |
to sign up to new ones. The clear
message from financial and | 9:44:56 | 9:45:01 | |
professional services, whose
concerns have been brilliantly | 9:45:01 | 9:45:07 | |
outlined or attempted to be
addressed by the MBE for Bromley, | 9:45:07 | 9:45:12 | |
the clear message from leading
sectors of the economy is that, | 9:45:12 | 9:45:15 | |
unless there is a clear sense of
direction and some reassurance | 9:45:15 | 9:45:19 | |
around the rules of the transition
period and how it will operate, they | 9:45:19 | 9:45:24 | |
will be forced to activate
contingency plans as early as now | 9:45:24 | 9:45:28 | |
and before Christmas, but certainly
into the first quarter of 2018. The | 9:45:28 | 9:45:35 | |
clock is ticking. Time is running
out. And I don't think that | 9:45:35 | 9:45:39 | |
ministers, in muddying the waters in
the way they have during the debate | 9:45:39 | 9:45:42 | |
this afternoon, have done anything
at all to reassure businesses, who | 9:45:42 | 9:45:48 | |
are hovering over activating those
contingency plans. I completely | 9:45:48 | 9:45:52 | |
agree with what I honourable friend
is saying about the importance of | 9:45:52 | 9:45:55 | |
giving certainty and support and
what he has said that transition. | 9:45:55 | 9:45:57 | |
Would he not also agree that the
crucial thing would be to rule out a | 9:45:57 | 9:46:02 | |
catastrophic no deal Brexit that so
many people are worried about an | 9:46:02 | 9:46:06 | |
hour now hedging against? They are
fearful of the consequences. I | 9:46:06 | 9:46:13 | |
agree. We hear this fallacy about
those of us who warn against a no | 9:46:13 | 9:46:20 | |
deal Brexit somehow be willing to
sign up to any kind of bad deal, as | 9:46:20 | 9:46:24 | |
if there is a bad deal that could
possibly be worse than no deal. I | 9:46:24 | 9:46:29 | |
would like to hear an intervention
from anybody opposite or on the side | 9:46:29 | 9:46:34 | |
of the house who can explain how
crashing out of the European Union | 9:46:34 | 9:46:38 | |
and over a cliff edge, with
immediate end to all of the existing | 9:46:38 | 9:46:42 | |
contractual and legal obligations
and existing frameworks and | 9:46:42 | 9:46:47 | |
protections, a hard order in
Ireland, the end of our trading | 9:46:47 | 9:46:51 | |
agreements, not just with the EU but
through the EU to countries across | 9:46:51 | 9:46:55 | |
the world, how on earth any kind of
deal or transitional deal could be | 9:46:55 | 9:46:58 | |
worse than no deal. In my view, no
deal is the very worst deal, and it | 9:46:58 | 9:47:04 | |
is astonishing that there people
opposite who not only entertain the | 9:47:04 | 9:47:07 | |
possibility of no deal are
enthusiastically encouraging it with | 9:47:07 | 9:47:10 | |
the views that they put forward.
There have been many problems with | 9:47:10 | 9:47:17 | |
the Prime Minister's approach to
Brexit, but I thought, in the | 9:47:17 | 9:47:22 | |
Florence speech, she tried to set
out a practical and flexible | 9:47:22 | 9:47:26 | |
framework through which we can give
business certainty now about the | 9:47:26 | 9:47:30 | |
transition period but, crucially,
where there would only be one set of | 9:47:30 | 9:47:35 | |
changes from our membership of the
EU to our future relationship with | 9:47:35 | 9:47:38 | |
the European Union once we've left.
What the front bench have done this | 9:47:38 | 9:47:43 | |
evening is to drive a coach and
horses through the Florence speech. | 9:47:43 | 9:47:49 | |
They cannot provide business with
the clarity they need about how the | 9:47:49 | 9:47:55 | |
European Court of Justice will
operate in transition. They ought to | 9:47:55 | 9:47:57 | |
support our position, which is to
remain in the single market and | 9:47:57 | 9:48:01 | |
customs union for the time-limited
period of transition, because that | 9:48:01 | 9:48:05 | |
would give business the certainty
they desperately need. Four members | 9:48:05 | 9:48:08 | |
opposite to put their ideological
vanities against the best interests | 9:48:08 | 9:48:14 | |
of the British economy is self
reckless and irresponsible. -- | 9:48:14 | 9:48:21 | |
selfish, reckless and irresponsible.
Can I just picked up two or three | 9:48:21 | 9:48:24 | |
points that have been made in this
debate? I think it's been an | 9:48:24 | 9:48:29 | |
important debate with some
fantastic, magnificent | 9:48:29 | 9:48:31 | |
contributions, especially from my
right honourable friend the member | 9:48:31 | 9:48:35 | |
for West Dorset. Can I start firstly
with what he had to say, because it | 9:48:35 | 9:48:40 | |
is central. I appreciate what the
government has been trying to do | 9:48:40 | 9:48:44 | |
with clauses five and six, and the
way in which retained EU law should | 9:48:44 | 9:48:50 | |
be interpreted. But, firstly, I
happen to agree with my right | 9:48:50 | 9:48:56 | |
honourable friend that's the way in
which it's worded is opaque, | 9:48:56 | 9:49:01 | |
although I think I had understood
what the government had intended in | 9:49:01 | 9:49:04 | |
terms of the role of supremacy of
the Supreme Court in developing law. | 9:49:04 | 9:49:08 | |
But it still doesn't get us away
from the fundamental problem that EU | 9:49:08 | 9:49:11 | |
law is different from our law. Its
rules of interpretation are | 9:49:11 | 9:49:15 | |
different. Its purpose is different.
And, right through this bill, we are | 9:49:15 | 9:49:23 | |
going to come back to this problem,
over the charter of fundamental | 9:49:23 | 9:49:27 | |
rights or general principles of EU
law. You can't just take it and drop | 9:49:27 | 9:49:31 | |
it into our law and then leave no
guidance as to what the government | 9:49:31 | 9:49:36 | |
expects this law to be used for. And
I do worry that the lack of | 9:49:36 | 9:49:44 | |
explanation is most peculiar, and
that the consequences, it's not a | 9:49:44 | 9:49:50 | |
question of wanting to keep it...
Ultimately, I assume it's all going | 9:49:50 | 9:49:54 | |
to go away. But, in the meantime,
there was a lack clarity, and I can | 9:49:54 | 9:49:59 | |
well understand why the judiciary,
particularly the senior judiciary, | 9:49:59 | 9:50:02 | |
are troubled by this lack of
guidance. It's almost as if the | 9:50:02 | 9:50:05 | |
government has found it too
embarrassing to want to grapple with | 9:50:05 | 9:50:09 | |
this. It wants to maintain
continuity but it doesn't want to | 9:50:09 | 9:50:15 | |
maintain the implication of
continuity, because that is a | 9:50:15 | 9:50:18 | |
difficult message to sell to some
members on these benches. And so we | 9:50:18 | 9:50:24 | |
are really going to have to look at
this as we go through, and I'm | 9:50:24 | 9:50:28 | |
prepared to try and help the
government to find a way through. It | 9:50:28 | 9:50:31 | |
isn't that I want to keep its aura,
I know there are many on these | 9:50:31 | 9:50:35 | |
benches don't like it at all, but
the simple fact is that we need to | 9:50:35 | 9:50:39 | |
look at it. As for the other issues
that have been debated, they are | 9:50:39 | 9:50:44 | |
absolutely right but they are really
not relevant to this debate. | 9:50:44 | 9:50:48 | |
Transitional arrangements, we
haven't got the slightest clue what | 9:50:48 | 9:50:51 | |
transitional arrangements are going
to be, and we are going to have to | 9:50:51 | 9:50:54 | |
have a completely separate piece of
legislation taking, I suspect, a | 9:50:54 | 9:50:58 | |
long time to go through this house
in order to sort this out. | 9:50:58 | 9:51:03 | |
Ultimately, if we have a long-term
agreement, there is going to be an | 9:51:03 | 9:51:06 | |
interesting issue as to whether we
are going to be instructing our | 9:51:06 | 9:51:08 | |
courts to mirror EU law, so as to
maintain comity with the Court of | 9:51:08 | 9:51:15 | |
Justice of the EU, or to risk
constantly having to readjust our | 9:51:15 | 9:51:20 | |
own legal frameworks for the sake of
that deep and special relationship. | 9:51:20 | 9:51:25 | |
I don't want to disappoint too much
some of my right honourable and | 9:51:25 | 9:51:28 | |
honourable friends, but the harsh
reality is that our geographical | 9:51:28 | 9:51:34 | |
location and our desire to have a
close trading relationship with the | 9:51:34 | 9:51:39 | |
European Union is inevitably going
to mean that decisions of the Court | 9:51:39 | 9:51:44 | |
of Justice of the European Union are
going to continue to have a major | 9:51:44 | 9:51:48 | |
influence over our law here.
Something which I'm afraid was | 9:51:48 | 9:51:52 | |
rather disregarded when we went
through all this process of having | 9:51:52 | 9:51:56 | |
the referendum last year. I think
it's called globalisation. And we | 9:51:56 | 9:52:04 | |
will have to retain to this as we go
along. Thank you, Mr Deputy Speaker. | 9:52:04 | 9:52:15 | |
We have listened carefully to all
the honourable members and the | 9:52:15 | 9:52:18 | |
various contributions that have been
raised along with the amendments | 9:52:18 | 9:52:22 | |
that have been tabled during the
course of this group this evening. | 9:52:22 | 9:52:26 | |
They are issues we will take away
for further consideration, and I | 9:52:26 | 9:52:29 | |
refer particularly to the member for
Basingstoke on the equality act. My | 9:52:29 | 9:52:33 | |
honourable friend for Chesham, I
think, what is the issue in a | 9:52:33 | 9:52:38 | |
powerful and constructive way. The
honourable member for West Dorset | 9:52:38 | 9:52:41 | |
raised a number of points. I think
we can address those, but I will | 9:52:41 | 9:52:48 | |
take them away and we will work
further to mention that would make | 9:52:48 | 9:52:51 | |
sure there is the Croce required. I
think it is with reclaiming that | 9:52:51 | 9:52:56 | |
caused six encapsulates the two key
strategic objectives of this bill, | 9:52:56 | 9:53:02 | |
to take back democratic control over
our laws and to do so in a way that | 9:53:02 | 9:53:05 | |
delivers a smooth Brexit with legal
certainty. We cannot accept... He | 9:53:05 | 9:53:11 | |
has had his opportunity. The time is
running very close and I want to | 9:53:11 | 9:53:16 | |
give the honourable member the
chance to wind up at the end. We | 9:53:16 | 9:53:19 | |
cannot accept amendments that create
more rather than less legal | 9:53:19 | 9:53:23 | |
certainty, so I urge all honourable
members to cost clause six | 9:53:23 | 9:53:30 | |
stand-alone unamended this evening.
-- to pass. | 9:53:30 | 9:53:36 | |
Thank you for a debate which I think
has covered a wide range of issues | 9:53:36 | 9:53:40 | |
related to transition on the
application of EU law. It has also | 9:53:40 | 9:53:43 | |
revealed a number of very
interesting facets of government | 9:53:43 | 9:53:46 | |
policy. I thought it was
particularly stark that the Minister | 9:53:46 | 9:53:52 | |
who just spoke and wouldn't give way
to my honourable friend, just | 9:53:52 | 9:53:57 | |
couldn't let the words go passed his
lips, that the European Court of | 9:53:57 | 9:54:03 | |
Justice would apply during a
transition period. That every | 9:54:03 | 9:54:06 | |
paraphrase the Prime Minister
herself, for it is chic, but into | 9:54:06 | 9:54:10 | |
the Florence speech. The Florence
speech, I thought, was government | 9:54:10 | 9:54:16 | |
policy. But it turns out apparently
not. Not today. Retreat. It turns | 9:54:16 | 9:54:25 | |
out the honourable member who I
call... Maybe I will run, I will | 9:54:25 | 9:54:29 | |
give way. I will repeat in terms
exactly what I said earlier. We want | 9:54:29 | 9:54:33 | |
to know the agreement on the
limitation period. As the Prime | 9:54:33 | 9:54:37 | |
Minister has already said in a
foreign speech, that may mean we | 9:54:37 | 9:54:39 | |
start off with the European Court
still governing some rules we are | 9:54:39 | 9:54:43 | |
part of for that period. The
government is also clear if we can | 9:54:43 | 9:54:46 | |
bring forward a new dispute solution
mechanism at some stage earlier we | 9:54:46 | 9:54:51 | |
will do so. He should have listened
to what I said earlier. The number | 9:54:51 | 9:54:56 | |
of caveats and weasel words within
that particular obfuscate Terry | 9:54:56 | 9:55:07 | |
explanation were not as clear as the
Prime Minister made at that time. | 9:55:07 | 9:55:10 | |
That was fascinating. I think we
will definitely, he will get a phone | 9:55:10 | 9:55:16 | |
call from Number Ten I suspect in
the morning. New clause 14, and I | 9:55:16 | 9:55:22 | |
would like to test the will of the
house on this, is still relevant and | 9:55:22 | 9:55:26 | |
we need to get clarity from the
government a month after Royal | 9:55:26 | 9:55:30 | |
assent on how exactly transition
would apply. Although they say there | 9:55:30 | 9:55:35 | |
will be an act of Parliament, we
don't know if that will be completed | 9:55:35 | 9:55:40 | |
and enacted before exit day. We may
find ourselves with a vacuum and we | 9:55:40 | 9:55:44 | |
need more clarity from ministers. I
think he has proven a point, made | 9:55:44 | 9:55:48 | |
the case amply. That's why I want to
press clause 14 to a vote. The | 9:55:48 | 9:55:55 | |
question is new clause 14 be read a
second time As many as are of the | 9:55:55 | 9:55:58 | |
opinion, say "aye". To the contrary,
"no". Division, clear the lobbies. | 9:55:58 | 9:56:10 | |
Order, the question is that new
clause 14 be read a second time. As | 9:57:20 | 9:57:22 | |
many as are of the opinion, say
"aye". To the contrary, "no". | 9:57:22 | 9:57:28 | |
Tellers for the ayes and the noes. | 9:57:28 | 9:57:35 |