14/11/2017 House of Commons


14/11/2017

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abolition Bill. Second reading, what

day? Friday the 16th of March, 2018.

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Friday the 16th of March, 2018. We

now come to the emergency debate,

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which is colleagues were advised

yesterday, can last for up to two

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hours. Dame Margaret Hodge.

Thank

you, Mr Speaker. The actions and the

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culture of powerful, large

corporations and of the wealthiest

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in our society, as revealed in the

Paradise Papers constitute a

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national and international disgrace.

What we have learned is tax

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avoidance is not only a trivial

irritant practice by a small number

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of greedy individuals and global

corporations will stop it is the

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widely accepted behaviour of too

many of those who are rich and

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influential. --. It is the widely

access debate -- it is the widely

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accepted behaviour. It has become a

scourge on our society. The Paradise

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Papers reveal the enormity and scale

of the problem. That is what makes

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this emergency debate on the issue

so important. Our debate is also

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urgent and timely because the

Chancellor, who sadly is not in his

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place to hear the debate, is putting

the finishing touches to his budget.

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I hope he will read very carefully

the views expressed today by members

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of the House and reflect them in the

proposal sees brings to house next

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week.

I will give way to the

honourable member? There is no such

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thing as a magic money tree, the

prime minister told a nurse who had

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not got an increase in eight years.

Does the honourable lady agree with

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me that there is? In the Cayman

Islands, Bermuda and in Jersey and

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the worthy ill gotten gains salted

away of tax dodging to be picked and

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put into our public services, we

would not have police officers and

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teachers facing the sack and a

crisis in the health service.

I

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completely agree with my honourable

friend's remarks, which are

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pertinent to what we are discussing

in the debate. Paying tax is an

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essential part of the social

contract... Let me just make this

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point and I will come back. Paying

tax is an essential part of the

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social contract into which we all

enter as members of the community.

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As members of society we agree to

abide by a set of rules and

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regulations that make all our lives

better. One of those rules is we

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agreed to contribute through

taxation into the common part for

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the common good.

Thank you, Mr

Speaker. I would like to ask why a

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family firm has paid virtually no

tax?

I am pleased the honourable

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gentleman has given me the

opportunity to explain to the House.

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My father and his cousins were

refugees from Germany and my father

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was then a refugee from Egypt. He

was a double refugee. I remember as

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a child he often said to me, you

will never feel safe in this

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country. Always have your suitcase

ready. He did keep money abroad.

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When we discovered that after he

died we closed those funds and put

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them into a charity. The level of

taxation and who pays is decided by

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house here in Parliament, through

our democratic process. That is how

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we create a system that is

democratic and trusted by all. When

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a menorah to you choose to ignore

and deliberately bypass our laws and

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regulations and get away with it,

they undermine confidence in the

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fairness of the system. -- when

people choose to ignore. Some people

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claim tax avoidance is OK because it

is lawful. Indeed one government

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minister from the other place, the

noble Lord Bates, said on Monday

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that tax avoidance continues to be

part of the international system and

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we recognise and value it. He and

others are simply wrong and they

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misunderstand the issues. HMRC's

definition of tax avoidance is

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clear, tax avoidance, and I quote,

involves bending the rules of the

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tax system to gain a tax advantage

that Parliament never intended. It

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often involves operating within the

letter but not the spirit of the

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law. Those are the words of HMRC.

Even they say tax avoidance is wrong

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for stop I will give way to the

honourable member?

I thank her for

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giving way. That she agree that any

feature of a strong tax system is

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having a proper network of offices

and the closure and centralisation

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like the one in my constituency in

Livingston is a disgrace and will do

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nothing to help the situation.

I

agree with the honourable lady. The

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resources of HMRC is essential to

the fight against tax avoidance and

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evasion. Sorry... These are the

words of HMI C. -- HMRC. Tax

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avoidance is completely different

from tax planning, Webber example

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Parliament intended to encourage

people to save their pensions by

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introducing ISAs and tax breaks. Tax

breaks on the other hand walk the

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intention. It means collective will

is ignored. It should not be

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tolerated and we must act urgently

to eradicate it.

I will give way to

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the honourable member. I thank her

for giving way on that point. Does

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she agree one of the best ways of

trying to deal with this

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increasingly serious issue is to

have openness and transparency in

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all the funds held offshore? So

those who are doing it have to face

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the legitimate scrutiny of taxpayers

in this country.

My honourable

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friend makes a central point to what

we will be asking for today. Not

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only does the behaviour of a feud

damage trust in the system as a

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whole but it damages the public

services taxes are used to support.

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Can I carry on a little bit and I

will give way? At a time in the NHS

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is under such pressure, when public

sector workers have had wages held

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down for years, when schools

struggle to deliver the best start

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for all our children, for the super

rich and powerful to think they can

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opt out of their responsibilities to

contribute fairly through taxes, is

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utterly and totally immoral and

wrong. It is our responsibility to

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put an end to it.

I thank her for

giving way. I have been helpfully

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provided with some facts which I

think should be put to the House. I

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am told since 2010 big up and

secured £160 billion from tackling

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elevation and noncompliance, 2.8

billion from offshore tax evaders,

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invested 1.8 billion in HMRC to

tackle avoidance and evasion. I am

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very proud of this. Will the

honourable lady agree with me that

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this is a Nixon record from a

Conservative government? --

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excellent record. How does it

compare to the Labour government she

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is always so keen to support?

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I had hoped the honourable lady

would listen to the whole of my

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speech. A little progress has been

made but not enough. The previous

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Labour government record on tackling

tax avoidance was not as good as I

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would have wanted. But the record

and actions of this government are

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inadequate. And somewhat

hypocritical. Their rhetoric is

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mostly fine but the reality is badly

wanting.

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I'm extremely grateful to my

honourable friend. Isn't the

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difficulty here that when ordinary

people hear the budget next week and

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they have to think about their taxes

against a background of inflation

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and food prices, they will wonder

why the people opposite are

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hell-bent on avoiding any enquiry

into aggressive tax avoidance?

I

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agree entirely with my honourable

friend and I was just going to make

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the point that those who do pay

their taxes are completely federal.

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By eight o'clock this morning nearly

156,000 people had signed a petition

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to go to the Prime Minister. This is

an issue that angers people across

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the country, men and women,

supporters of all political parties,

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people of all ages, and people in

every income group.

She makes a very

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good point. Everybody wants tax

evasion clamped down on. And I also

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have some statistics. It is this

government who has invested £1.8

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million in HMRC to tackle tax

avoidance, and indeed we have

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lessened the gap by 2% more than

Labour did. So we are on the right

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track.

If the honourable lady looks

at the HMRC figure on the tax gap,

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running about 34 to £36 billion, if

she then looks at the figure that

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tax campaigners talk about, which is

a gap of £120 billion, I think she

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will share with me a determination

to see much more action to deal with

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something which is just an ill in

our society.

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I congratulate my right honourable

friend on this debate. Does she

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share my concern about the

complacency being Sean -- shown?

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Cutting down on global tax abuse

clearly requires international

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cooperation. As we exit the EU, does

she share my concern that this is

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not damaged in any away by our exit,

but strengthened by our actions

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domestically and internationally?

I

completely concur with those very

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important remarks made by my

honourable friend. It is my -- our

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job as elected representatives to do

what we can to put a stop to tax

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injustice. Tax avoidance should not

be an issue that divides us. It

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should be an issue on which we work

together. In the interests of all

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taxpayers, and to protect our public

services. The Paradise Papers are

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the latest in a series of leaks that

have been unmasked by the

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international press. I salute the

journalists who have been involved

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in making sense of the millions of

documents that have been passed to

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them. Especially those at the

Guardian and Panorama, who have been

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working on the papers for a year.

And I salute the public spirited

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courage of the whistle-blower who

first past the paper to the German

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newspaper. Can I just make some

progress? The Paradise Papers

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contain 13.4 million files from just

two offshore providers of tax advice

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and the company registries of 19 tax

havens. The scale of the data is

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what makes the leak so important.

Let me say this. We have had the

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Panama papers, the so-called Russian

and Azerbaijani laundromat

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revelations on money-laundering. Now

we have the Paradise Papers. And we

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will continue to have new leaks

splashed over our papers, filling

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our television screen, until such

time as the government acts firmly

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to clamp down on the avoidance that

is so blatant and yet so wrong. I

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will give way.

She said several

things that I agree with. For

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instance, everybody should pay their

fair share of tax to help fund

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public services, which is vital, and

also tax avoidance is something we

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should work together on. Yet

considering that point, doesn't she

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feel a little bit ashamed about her

party's efforts to block steps

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before the most recent election,

that would have actually reduced tax

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avoidance?

On trying to not make

this overly partisan but I feel more

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ashamed as a member of Parliament at

her party's reluctance to adopt the

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very clear and simple methods that

could actually really tackle tax

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avoidance. I'm going to make

progress. There are a lot of people

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who do want to speak in what is a

two-hour debate. Last week our

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papers were filled with scams and

scandals concerning celebrities from

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the self appointed philanthropist

Bonneau, to the actors in Mrs

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Brown's Boys, stories that tainted

the reputation of our much loved

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royal family, regulations about

establishment figures and further

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evidence that corporations like

Apple deliberately established

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artificial financial structures that

have no other purpose than to avoid

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tax. But I want to focus on the

systemic history. It is the systemic

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issues we need to consider if we are

going to make progress. Let me start

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with two comments arising from what

we have learned from the Paradise

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Papers. Observations that help us to

understand what is wrong with our

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system. The lawyers at the heart of

the Paradise Papers are one of the

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few offshore law practices that

belong to the offshore magic circle

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of service providers. Indeed,

Appleby was named offshore firm of

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the year by legal 520 15. Yet the

Paradise Papers reveal that the firm

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was criticised 12 times over a

10-year period in reports issued by

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regulators in our UK tax havens, the

British Virgin Islands, the Isle of

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Man, the Cayman Islands and Bermuda.

Appleby was criticised for its

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failure to comply with regulations

designed to stop the funding of

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terrorism and to prevent

money-laundering. The reports talk

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about persistent failures and

deficiencies. Severe shortcomings.

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And a highly significant weakness in

the adequacy of organise nation

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systems and controls. --

organisation. Appleby simply ignored

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these critical reports and failed to

change their procedures, despite the

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strong words. Even the authorities

of the British Virgin Islands found

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after an inspection of Appleby that

the confirm has contravened

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financial services legislation, the

anti-money-laundering regulations

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and code practice of prep -- 2008,

and has severe shortcomings, with

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the majority of the legislation with

prudential standards and good

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standards of practice not been met.

Our regulatory frameworks are so

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weak that law firms can break the

law with complete impunity. It is

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hopeless having self-regulation,

national and international codes of

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practice, and regulatory bodies with

legal powers that can practice...

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The lawyers just don't give a dam

and nobody held them to account.

I

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thought I understood prior to this

the distinction between tax

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avoidance and evasion. I feel the

line is blurred. What is the

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honourable lady's understanding of

the disc -- the distinction between

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avoidance and evasion?

I have to say

I agree with the honourable member

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that the line is extremely blurred

and that some schemes put forward as

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legitimate are very frequently then

found to be unlawful when HMRC

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finally catches up with them. It is

a very blurred area where it is

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difficult to make distinctions.

Worse than that, Appleby helped to

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coordinate a well funded and

comprehensive lobby by the

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international finance centres for

that took place before it G8 summit

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that David Cameron were sharing in

2013. The then Prime Minister had

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intended to insist that UK tax

havens should publish public

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registers of beneficial ownership in

their jurisdiction. Had David

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Cameron had his way, we might not

have been here today. But the group

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lobbied fiercely to maintain

secrecy. They lobbied the Right

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Honourable member for South West

Hertfordshire, the then Exchequer

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Secretary, they lobbied the

permanently -- the permanent

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Secretary, they lobbied the senior

official who was director of the

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UK's G8 presidency unit, and they

succeeded in weakening David

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Cameron's commitment to

transparency.

I am very grateful to

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my right honourable friend and

neighbour. Isn't the fact that the

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vast majority of these tax havens

are British overseas territories?

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And isn't it time that this

government or any government of this

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country took seriously the fact that

those places are not doing what is

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in the interests of British people

all over the world?

And I would add

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to that, particularly not in the

interests of many of the developing

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countries who lose more tax through

tax avoidance than we do

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proportionate to their budgets.

Her

central contention is that these

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territories should have a register

of beneficial ownership. Which he

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acknowledged that the UK is now one

of the only countries in the world

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to do that under this government?

That was a huge achievement by the

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United Kingdom. And secondly, to put

it into international context,

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virtually no other major developed

country in the world has done that.

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The state of Delaware, in which 90%

of US corporations are registered,

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hasn't done...

Order! When I say

order, the honourable gentleman

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resumes his seed. That was far too

long.

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I would simply observe that the UK

also has responsibility for the

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overseas territories and Crown

Dependencies, and I wish the UK

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didn't in its own tax court have so

many harmful elements in the cold

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that encourage tax avoidance. --

code. Treasury ministers and

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government departments only listen

to a very small and exclusive group

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of tax professionals when they take

decisions on tax policy. It is one

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thing for the government to consult

stakeholders on the issues, but it

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is quite another for the government

to be captured by the tax industry

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at the expense of the wider public

interest. Tough and active

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regulation of the tax industry to

ensure compliance in existing rules

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is vital. And making the advisers

accountable for the schemes they

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invent and market is central to the

campaign to destroy tax avoidance.

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The government's measures represent

one small step in the right

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direction. But the small print

suggests that very few, if any, will

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get caught by the legislation. The

definitions are too narrow and the

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penalties too weak. They have been

brought in so the government can

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claim it is acting. But until

advisers are really brought to

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account and properly punished for

inventing schemes that are surely

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aimed at avoiding tax, the army of

lawyers, accountants and bankers

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will continue to prosper. If the

government is serious about packing

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avoidance, it must act strongly on

the illegitimate practices of those

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who make a huge living out of

peddling tax avoidance advice.

It is

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a very powerful case. Does she agree

that another area that has to be

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improved is the approach of

prosecuting authorities? When we put

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legislation on the statute book,

what is striking is how seldom that

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legislation is Excilly proceeded

with by the prosecuting authorities

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in this country.

I agree with that

entirely. I'm now going to make

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progress, otherwise I'll take up too

much time. Over half of the Appleby

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offices are located in British tax

havens. Over half of the entity is

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exposed in the Panama papers were

incorporated in just one UK tax

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haven, the British Virgin Islands.

Estimates of the wealth held in this

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tax haven by their nature difficult

to verify, but they vary from

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trillion to a figure of 32 trillion.

-- trillion to a figure of 32

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trillion.

Does she agree that

Britain has a unique leadership role

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in the light of what he said and the

developing countries lose around 100

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billion, between 100 billion to 160

billion, of lost income a year?

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Imagine what we could do to tackle

poverty.

I agree with that very

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powerful point that she has made.

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Unbelievable sums of money I hidden

in these jurisdictions. It is

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impossible to measure how much tax

is lost by the presence of tax

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havens but it does run into hundreds

of millions of pounds per year. We

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know developing countries lose three

times as much in tax avoidance as

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they gain from global investment in

international aid. Our tax havens

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acting as a jurisdiction is central

to much of the tax avoidance. We

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cannot continue to pretend we are

leading the international fight

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against tax avoidance and evasion

when what we do and what we failed

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to do is allowing tax avoidance to

prosper. It is also money

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laundering, bribery, corruption and

other financial crime prospering

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through the secrecy we allow to

prevail. Our failure to tackle our

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tax havens, weak regulatory regimes

and some tax rules means we are now

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seen as the country of choice for

criminals as well as tax avoidance

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and evaders, as they look to hide

their money and minimise their tax

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bills. We need our government to

hold to the commitment made by the

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Prime Minister and Chancellor in

2013-14. They understood

0:24:050:24:09

transparency was the key. We need

public registers of beneficial

0:24:090:24:15

ownership showing who owns what and

where. That would undermine at a

0:24:150:24:20

stroke so much. Would Bono have

invested in tax havens if he thought

0:24:200:24:25

we would all know? Would Lewis

Hamilton have created a complex

0:24:250:24:29

structure of companies to avoid VAT?

Would the actors in Mrs Brown 's

0:24:290:24:36

boys hide their earnings in

artificial financial structures if

0:24:360:24:39

they thought we would find out? The

answer is no. David Cameron

0:24:390:24:43

understood that when he told the UK

tax savings to Riverside, I quote,

0:24:430:24:49

the cloak of secrecy, in 2013. --

rip aside. He urged consultation on

0:24:490:24:56

a public registry vital to meeting

the urgent challenge of finance and

0:24:560:25:01

tax evasion. When in 2015 he

proclaimed "If we want to break the

0:25:010:25:09

best is a model of stealing money

and hiding it in places where it

0:25:090:25:12

cannot be seen, transparency is the

answer". In the last two years the

0:25:120:25:20

Government has watered down that

commitment to public registers in

0:25:200:25:22

British tax savings. Now we hear

ministers say we had to wait for

0:25:220:25:28

other countries to go first. Their

proper call for international action

0:25:280:25:32

on transparency has become the lame

excuse for inaction in our own

0:25:320:25:37

territory. Mr Speaker, we should

lead by example. We should

0:25:370:25:44

demonstrate how transparency can and

does change behaviour. We should

0:25:440:25:49

compel overseas territories and

Crown dependencies to publish public

0:25:490:25:54

registers in all their territory. In

the past, a Conservative government

0:25:540:25:59

has used powers to outlaw capital

punishment in our Crown dependencies

0:25:590:26:03

and overseas territory. A Labour

government used the same power to

0:26:030:26:08

outlaw discrimination against gay

people. Today we should work

0:26:080:26:13

together to outlaw the secrecy of

these jurisdictions which leads to

0:26:130:26:17

massive tax injustice. Nothing-macro

shows the problems created by

0:26:170:26:23

secrecy are much larger and more

complex than we thought possible. --

0:26:230:26:29

the Paradise Papers. We should

support behaviours in transforming

0:26:290:26:40

economies so hidden wealth,

unsavoury people and questionable

0:26:400:26:43

financial practices are stopped. I

cannot think of one good reason not

0:26:430:26:48

to do this and to do it now. There

is more that we can do right now. It

0:26:480:26:54

simply requires the Government to

have the political will. They will

0:26:540:27:00

certainly have the support of the

whole house and the whole country if

0:27:000:27:04

they demonstrate by their action,

not words, that they will work to

0:27:040:27:10

stamp out tax avoidance. We can and

should implement the legislation

0:27:100:27:15

requiring multinational companies to

report their activity and profits on

0:27:150:27:19

a country by country basis. The

legislation would be successfully

0:27:190:27:24

steered through Parliament by my

honourable friend. We can and should

0:27:240:27:27

introduce right now the public

register of property ownership,

0:27:270:27:32

enacted before the general election,

promoted by transparency and

0:27:320:27:39

supported by members of the

all-party Parliamentary on

0:27:390:27:42

anti-corruption. Nobody knows why

this legislation has not been

0:27:420:27:47

implemented. It is a key element in

the fight against corruption,

0:27:470:27:51

avoidance and evasion. We should

properly resource HMRC right now so

0:27:510:27:58

they are capable of pursuing all

those who look to avoid tax, not

0:27:580:28:02

just small businesses, who are an

easy target and can be stopped with

0:28:020:28:08

little effort. Every pound invested

in HMRC enforcement yields £97 in

0:28:080:28:14

additional tax revenue. It is a

no-brainer that we should strengthen

0:28:140:28:21

the HMRC and reverse some of the

cuts. The Paradise Papers have

0:28:210:28:27

played tax avoidance back at the

heart of the political agenda and

0:28:270:28:30

back at the top of the list of

public concerns. The government

0:28:300:28:35

needs to grasp the moment to act.

They have an opportunity to do so in

0:28:350:28:39

the budget next week. Britain will

never get rich on dirty money.

0:28:390:28:45

Public services cannot function if

the most wealthy individuals and the

0:28:450:28:49

most powerful companies deliberately

avoid paying their fair share

0:28:490:28:53

towards the cost of those services.

This government will not be forgiven

0:28:530:28:58

if it fails to heed the lessons we

can all learn from the Paradise

0:28:580:29:02

Papers. Proper transparency will

come. The government can choose

0:29:020:29:08

whether it leads the changes needed,

or if you would like to be dragged

0:29:080:29:12

kicking and screaming it in

fermenting essential reform. I hope

0:29:120:29:18

they will listen, learn and act.

--

in in fermenting. The question is

0:29:180:29:23

has on the order paper. I call Mel

stride. Financial Secretary to the

0:29:230:29:30

Treasury.

Can I begin, Mr Speaker,

by congratulating the right

0:29:300:29:36

honourable lady on securing this

important debate? She has campaigned

0:29:360:29:41

vigorously on these issues over many

years and has certainly been active

0:29:410:29:45

in the past week. I responded to an

urgent question also in terms of the

0:29:450:29:51

isle of man and an adjournment

debate last week and now of course

0:29:510:29:55

in this debate, as well. She said

tax and tax avoidance was one of

0:29:550:30:01

those matters which should not be

dividing us and I believe she is

0:30:010:30:06

right. It seems to me in the various

iterations of this debate she and I

0:30:060:30:10

have had across the dispatch box

there is a great deal in which we

0:30:100:30:14

can be united rather than divided.

Not least on the shared view across

0:30:140:30:19

this House and certainly on my side,

Mr Speaker, that aggressive tax

0:30:190:30:23

avoidance and evasion are utterly

wrong. They are wrong for the

0:30:230:30:29

reasons she has given. Because those

who pay tax fairly should not be

0:30:290:30:32

penalised by virtue of the fact some

do not paid fairly. We also know, as

0:30:320:30:40

she has pointed out, tax is

necessary to fund vital public

0:30:400:30:45

services. It is entirely wrong that

those aggressively evading or

0:30:450:30:51

avoiding tax put pressure on public

services, the NHS, doctors and

0:30:510:30:54

nurses. I will give way to the

honourable member.

Under the last

0:30:540:31:02

government there was an appointment

made as an anti-corruption czar by

0:31:020:31:06

the former Prime Minister. I'm

wondering who the anti-corruption

0:31:060:31:12

czar is under the current

government.

That is a matter I will

0:31:120:31:17

get back to. If I can make a little

progress... We know tax is

0:31:170:31:24

important. Clearly for public

services. And we know, has the lady

0:31:240:31:31

has quite rightly stressed, it is

important the Government acts and is

0:31:310:31:37

seen to act when we come across

aggressive tax avoidance and

0:31:370:31:40

evasion. As my friends on this side

of the House have eloquently pointed

0:31:400:31:48

out, we have a very strong track

record in that regard. We have ways.

0:31:480:31:56

£160 billion in additional revenue

as a consequence of clamping down on

0:31:560:31:59

tax avoidance, evasion and

noncompliance since 2010. We have

0:31:590:32:06

brought in... Let me make this

point, we have also brought in £2.8

0:32:060:32:13

billion tracking down those who have

looked to inappropriately hide their

0:32:130:32:17

finances in overseas tax

jurisdictions. We brought in £28.9

0:32:170:32:24

billion in additional compliance in

the last 12 months alone. This is

0:32:240:32:30

the most telling point, because the

honourable lady is rightly critical

0:32:300:32:35

of the last Labour government in

terms of their performance. She

0:32:350:32:39

raised it this afternoon and also

the same point in an adjournment

0:32:390:32:42

debate last week. If we look at the

tax gap currently between what we

0:32:420:32:49

could potentially bring in by way of

taxation and what we actually do is

0:32:490:32:52

6%. It is a historic low. A world

beating figure. If we had today the

0:32:520:33:00

average tax gap that was pertinent

under the last Labour government we

0:33:000:33:06

would be £45 billion less in the

exchequer as a consequence. That is

0:33:060:33:15

£45 billion not therefore vital

public services which the right

0:33:150:33:18

Honourable lady is keen to discuss.

I think the honourable gentleman is

0:33:180:33:24

first.

I thank the Minister for

giving way. Can he confirm HMRC

0:33:240:33:31

inform the commercial services union

that in 2017 the equivalent of

0:33:310:33:37

17,000 years of staff experience is

leaving the department? How will

0:33:370:33:41

that help the Government record

going forward in dealing with tax

0:33:410:33:43

evasion and avoidance?

I thank him

for raising the issue in HMRC. We

0:33:430:33:50

have a very good record in that

regard. 1.8 billion invested in HMRC

0:33:500:33:56

since 2010, in which 800 million

will relate to the period after

0:33:560:34:04

2015, bringing in £7.2 billion by

2020 - 21. We will triple the number

0:34:040:34:13

of investigations into the wealthy

to make sure they are indeed paying

0:34:130:34:15

the appropriate level of tax, as a

direct consequence of that

0:34:150:34:21

additional investment. I will give

way.

The Minister is very kind. Can

0:34:210:34:26

he explain to the housewife only 420

HMRC staff are engaged in chasing

0:34:260:34:34

tax avoidance and get ten times that

number of civil servants are engaged

0:34:340:34:38

in benefit fraud in the DWP?

I

challenge the honourable member's

0:34:380:34:44

actual figure. It is a far larger

number than the figure he suggested

0:34:440:34:53

which are engaged in clamping down

on tax avoidance. For example, in

0:34:530:34:59

the 2100 largest corporations in

this country, around 50% are under

0:34:590:35:03

investigation not necessarily for

doing anything wrong, but because

0:35:030:35:06

they have complex tax affairs at any

one time.

I will give way to the

0:35:060:35:12

honourable member again. Can he

confirm to the House he has answered

0:35:120:35:18

the question yesterday saying that

there are 522 employees in the

0:35:180:35:22

network union in 2017 and that

compares with 4045 full-time

0:35:220:35:30

equivalents in DWP chasing Social

Security?

On this issue of the tax

0:35:300:35:37

take from the wealthiest in this

country, this government has an

0:35:370:35:40

exemplary record. Of the wealthiest

1%, they pay around 20% of all

0:35:400:35:47

income tax. Under the last Labour

government it was below 24%. I will

0:35:470:35:54

not take any lectures from the party

opposite.

0:35:540:35:57

She has a question about the tax

gap...

I will give way to the

0:36:000:36:03

honourable member. He is right to

point out HMRC do a very good job in

0:36:030:36:09

terms of collection of tax in this

country but it does not mean it

0:36:090:36:12

cannot do better. With the Minister

agree that the way in which the tax

0:36:120:36:17

take is identified and it is based

on what we think should be paid in

0:36:170:36:22

tax, it is not deal with Google,

Amazon, Starbucks and others, who

0:36:220:36:28

hides tags and it is not computed

into the actual tax we should take

0:36:280:36:31

and therefore the delivery of a tax

gap?

I am pleased she has raised the

0:36:310:36:37

issue. The robustness of this figure

is extremely high. The IMF said it

0:36:370:36:42

is one of the highest standards in

the world. It is audited and agreed

0:36:420:36:47

by the National audit office and

made public in the HMRC annual

0:36:470:36:50

report and accounts. I will give way

to my honourable friend.

I thank him

0:36:500:36:58

for giving way. He rightly talks

about the need for the wealthiest to

0:36:580:37:02

pay their fair share. Does he agree

one of the most obscene things under

0:37:020:37:06

the last Labour government was

cleaners have to pay more tax man

0:37:060:37:10

hedge fund owners that employed them

and a Conservative government closed

0:37:100:37:14

the so-called Mayfair loophole?

My

honourable friend is entirely right.

0:37:140:37:23

It is this government that has

raised the personal allowance to

0:37:230:37:27

11,500, taking 3-4,000,000 has a tax

altogether. This government brought

0:37:270:37:33

in the National Living Wage. This

government will go on to make sure

0:37:330:37:38

those with the broadest shoulders

will pay their fair share. I will

0:37:380:37:42

give way to the honourable member.

0:37:420:37:48

Does the honourable member agree

that the HMRC would be serving this

0:37:480:37:52

government and the people in the

United Kingdom better by challenging

0:37:520:37:55

those who bend the rules rather than

finding my law-abiding constituent

0:37:550:38:02

Sheila £1600 for a £100 -- £135

yearly tax bill when all she failed

0:38:020:38:08

to do was press enter at the end of

the form?

The honourable lady raises

0:38:080:38:13

a very important point, which brings

me onto my next point. There is an

0:38:130:38:18

assumption on the opposition benches

that somehow nothing is being done

0:38:180:38:22

about these various issues. The

right honourable lady, the lady --

0:38:220:38:28

the member from parking, referred to

one of the instances in the Panama

0:38:280:38:33

papers were some income had been

diverted overseas and then loaned

0:38:330:38:37

back to individuals, which is known

as disguised remuneration. And quite

0:38:370:38:42

rightly she has asked the question,

what is the government doing about

0:38:420:38:46

those circumstances? Pointer to the

Finance Bill that has just gone

0:38:460:38:49

through this house. -- I pointer.

People will be given until 2019 to

0:38:490:39:00

clear up those arrangements or they

will pay the penalty. I will make a

0:39:000:39:03

little more progress. I am conscious

of time and the shortness of the

0:39:030:39:07

debate. There are other issues were

in fact we have brought in 75

0:39:070:39:11

measures since 2010 to clamp down on

these measures. A further 35 will,

0:39:110:39:18

growing from 2015, raising £18.5

billion by 2020 - 2021. One of the

0:39:180:39:26

problems is we have been so active

in bringing in so many measures that

0:39:260:39:30

unfortunately not all of them have

been noticed. The right

0:39:300:39:33

honourable... I will finish this

point and I will give way. The right

0:39:330:39:38

honourable lady, the member for

barking, raised, for example, the

0:39:380:39:44

issue of taking action. She razored

last week in the debate. Taking

0:39:440:39:49

action against those who promote

these tax avoidance schemes. Once

0:39:490:39:53

again in the Finance Bill. All 777

pages of it, very technical, it will

0:39:530:40:01

probably put you to sleep that

night, but within it there are

0:40:010:40:04

measures to deal with precisely what

she was urging us to take action on

0:40:040:40:09

last week. We have already done it.

I give way.

Whilst I congratulate

0:40:090:40:18

the government on specific changes

it has made, as not the biggest

0:40:180:40:23

change being the general Anti-Abuse

Rule which catches a number of these

0:40:230:40:28

schemes and allows governments to

look at what is tax avoidance,

0:40:280:40:35

aggressive avoidance, which

therefore becomes invasion, which is

0:40:350:40:37

illegal?

-- evasion. My friend is

entirely right. The rule has had

0:40:370:40:46

significant impact. It was brought

in under this government. It is very

0:40:460:40:49

effective. There is a certain irony

in the fact the opposition profess

0:40:490:40:55

the importance of some of these

measures, some of which have already

0:40:550:40:58

been brought into law. The irony is

that when it came to the third

0:40:580:41:07

reading of the Finance Bill which

brought these things in, the

0:41:070:41:10

opposition voted against them. I

will give way.

I thank the Minister.

0:41:100:41:16

The fact remains though that there

is at least £30 billion of

0:41:160:41:22

uncollected tax. It could be up to

120 billion. Wouldn't it be better

0:41:220:41:32

if we were to invest in and not cut

tax offices, and go after that

0:41:320:41:40

multi-billion pound tax gap?

Going

after the tax gap, which is what

0:41:400:41:45

this government is doing, and we

have an exemplary record, the lowest

0:41:450:41:49

tax gap in the world, the lowest in

history, far lower than under the

0:41:490:41:53

last government... As her tax

offices, we need to move to an HMRC

0:41:530:42:00

which is ready and equipped for the

21st century. That doesn't mean a

0:42:000:42:03

large number of scattered offices.

It means offices where the technical

0:42:030:42:07

skills are there, where the staff is

there. Where knowledge and

0:42:070:42:14

understanding can be facilitated to

move forward. I will make some

0:42:140:42:17

progress. I am aware this is just a

two-hour debate. Many wish to speak.

0:42:170:42:26

Mr Speaker, we have covered the

issue of the various measures that

0:42:260:42:28

we have taken. We have covered the

issue of the huge investment we have

0:42:280:42:32

made an HMRC. Haps I can now turn to

the international aspects, where we

0:42:320:42:36

all agree that we need to look

closely at what is happening in the

0:42:360:42:41

international sphere. This

government has a record of which it

0:42:410:42:45

can be proud. Through the OECD we

have been at the vanguard, in the

0:42:450:42:49

vanguard of the base erosion of

profit shifting project. We have

0:42:490:42:53

worked very closely with the Crown

Dependencies and overseas

0:42:530:42:56

territories. We brought in a

diverted profits tax that will raise

0:42:560:43:00

1.3 billion by 2019, common

reporting standards to ensure

0:43:000:43:05

information is exchanged to around

100 different countries, a directory

0:43:050:43:11

of beneficial ownership, which is

accessible by HMRC, the body, the

0:43:110:43:15

authority that needs to have that

information. This is a game changer.

0:43:150:43:21

It has happened within the last

couple of years. Many of those items

0:43:210:43:25

and issues arising from the Paradise

Papers go back very, very many

0:43:250:43:28

years. But these actions are in

position right now. Can I make one

0:43:280:43:36

important point? On the issue of

transparency... The Right Honourable

0:43:360:43:44

member talks about transparency. I

asked her at the last debate last

0:43:440:43:47

week if, when it comes to that --

those 13 million files, which she

0:43:470:43:54

join me in calling upon them to

release that information to HMRC so

0:43:540:43:57

that we can go after anybody who, as

a consequence of that data release,

0:43:570:44:04

has been abusive in terms of our tax

system? Will see support us?

-- will

0:44:040:44:11

see support us. It is not in the

gift of the Guardian or Panorama to

0:44:110:44:19

release those papers. They are not

able to do so.

What I actually asked

0:44:190:44:24

is whether the right honourable lady

would join me in calling for them to

0:44:240:44:29

release that information, which is a

slightly different question, and I'm

0:44:290:44:33

happy to give way if she would like

to tell us yes or no.

Order. Stop

0:44:330:44:40

the clock. There is far too much

noise in this chamber. I say very

0:44:400:44:44

gently to the Parliamentary Private

secretary, don't do it. You may

0:44:440:44:50

think you are being clever. It

doesn't enhance your application as

0:44:500:44:53

a parliamentarian in the end. Please

don't do it. It's juvenile, the

0:44:530:44:59

public despise it and I have no

patients for it. Dame Margaret

0:44:590:45:05

Hodge. -- patience.

I would

certainly join the Minister in

0:45:050:45:13

seeking any documentation HMRC

require to pursue those guilty of

0:45:130:45:16

avoidance bird evasion. I would say

to the Minister that when I have

0:45:160:45:21

given papers to HMRC in the past,

whether about Google or others, they

0:45:210:45:28

disappear and no action appears to

be taken.

I will take that as a yes

0:45:280:45:34

and that we can work together to try

and see that that information is

0:45:340:45:38

provided to HMRC. I can see no

reasonable reason why it should not.

0:45:380:45:44

I will give way.

I very much agree

with my rival harbour front. Will he

0:45:440:45:54

confirm that in recent years, made

-- well after many of these papers,

0:45:540:46:02

Crown Dependencies have fully

cooperated with the UK in relation

0:46:020:46:05

to all tax transparency, all OECD

measures, and have the same

0:46:050:46:09

transparency ratings as the United

States, Germany and other Western

0:46:090:46:13

democracies?

I thank him for that

intervention. We have automatic

0:46:130:46:20

access in terms of corruption

enquiries to are Crown Dependencies

0:46:200:46:25

in overseas territories as a result

of that cooperation. I recognise how

0:46:250:46:31

important this issue as to the

public and it is of critical

0:46:310:46:34

importance to this government. UK

tax authorities have more

0:46:340:46:37

information and more power than ever

before to clamp down on evasion and

0:46:370:46:41

avoidance because of the actions of

the government, actions the

0:46:410:46:44

government she was part of and

failed to take. I conclude with the

0:46:440:46:49

words of the right honourable lady,

the member for Berkin, made in last

0:46:490:46:54

week's adjournment debate she has,

and I quote, never depended the

0:46:540:47:01

record of the Labour government in

this area. That speaks directly to

0:47:010:47:04

the heart of this issue. An apparent

legacy of tax abuses going back many

0:47:040:47:10

years, framed by the inaction of the

party opposite. And it speaks to the

0:47:100:47:15

core of Labour's approach to the

world, that the opportunity lies

0:47:150:47:20

always in the criticism and the

derision rather than in action and

0:47:200:47:23

justice. It is this government that

is acting. It is this government

0:47:230:47:29

that will continue to leave no stone

unturned in the pursuit of those who

0:47:290:47:34

seek to duck their responsibilities

at the expense of us all. Whenever

0:47:340:47:38

and wherever it is found, this

government will continue to bring

0:47:380:47:41

the avoiders, the evaders, the

noncompliant, to book.

Order. Both

0:47:410:47:49

the Right Honourable member for

Barking and the financial Secretary

0:47:490:47:54

to the Treasury, characteristically

courteously, gave way extensively.

0:47:540:47:57

They are not being criticised for

that. But I simply draw attention to

0:47:570:48:01

the limited time available for the

debate and ask those speaking from

0:48:010:48:05

the front bench to be extremely

sparing in their remarks. First

0:48:050:48:11

responsibility for brevity is that

of the honourable member for Bootle,

0:48:110:48:14

Mr Peter Dowd.

I will try and take that suggestion

0:48:140:48:18

on board rather than a direction.

The minister identifies what should

0:48:180:48:27

be done. I'll tell you what should

be done. Labour's tax enforcement

0:48:270:48:33

programme, it says an immediate

public enquiry into avoidance,

0:48:330:48:35

greater scrutiny of MPs, create a

specialist tax enforcement unit,

0:48:350:48:40

public filing of large company tax

returns, of the tax returns of

0:48:400:48:44

wealthy individuals earning more

than £1 million. No public contracts

0:48:440:48:51

Froch tax avoidance, repatriate

contracts parked in tax havens,

0:48:510:48:54

public contract transparency, a

register of ownership of companies,

0:48:540:48:59

a register of trusts, a general tax

avoidance rule principle, strict

0:48:590:49:06

minimal standards for Crown

Dependencies and overseas

0:49:060:49:08

territories, create an offshore

companies levy, full country by

0:49:080:49:14

country reporting. A comprehensive

proposal by Labour to begin with.

I

0:49:140:49:20

think the Shadow Minister forgiving

way. Would he agree with me that

0:49:200:49:23

there is an army of facilitators

around tax avoidance, including,

0:49:230:49:28

sadly, the four big accountancy

firms often based just a mile down

0:49:280:49:31

the road in the Square mile?

My

honourable friend makes an important

0:49:310:49:38

point. What goes to the heart of

this is the question of

0:49:380:49:42

transparency. We have the bizarre

situation that when I was on

0:49:420:49:46

Newsnight last week, and the chair,

the chairman of the Cayman Islands

0:49:460:49:53

stock exchange was on the programme

as well... What an insouciant

0:49:530:49:58

attitude of that man had to tax

avoidance. Mr Speaker, he actually

0:49:580:50:08

said, there hadn't been any

wrongdoing. Maybe not. What he did

0:50:080:50:13

do was he called for the journalist

to be jailed that is what he did.

0:50:130:50:19

That is what he did. He called for

the journalist to be jailed. And

0:50:190:50:23

that is the position we find

ourselves in. I am going to take the

0:50:230:50:29

suggestion, otherwise it will be an

admonition from the Speaker, to push

0:50:290:50:33

on. Then I will take some

interventions. I hope that members

0:50:330:50:38

across this House will join with me

in condemning those responsible and

0:50:380:50:42

offensive comments. All of us or a

debt of gratitude to the

0:50:420:50:48

hard-working and diligent

journalists involved to have

0:50:480:50:50

demonstrated the importance of a

free press, holding the wealthiest

0:50:500:50:54

and most powerful individuals and

multinationals to account. To be

0:50:540:50:59

clear, we are talking about tax

avoidance, which covers activities

0:50:590:51:03

within the law. But that work

against its effective application.

0:51:030:51:11

Most of the people and cases

involved have not broken any law or

0:51:110:51:15

acted in a criminal way. That does

not make tax avoidance acceptable

0:51:150:51:19

are justifiable in the 21st century.

After all, as has been identified,

0:51:190:51:24

tax avoidance costs of us all. Every

pound avoided is taken from her

0:51:240:51:33

children's education, from our armed

Forces, the very people who protect

0:51:330:51:37

us. From the elderly and disabled.

Even if we were to look, as we -- as

0:51:370:51:43

has been identified, at the

Conservative figures published on

0:51:430:51:50

tax avoidance, 12.8 billion was lost

to the Exchequer because of tax

0:51:500:51:57

avoidance. That is not acceptable.

And frankly, the question about what

0:51:570:52:01

a Labour government did in the past,

people have a view about that.

0:52:010:52:06

People think it was much better than

the Tories overall. I'm not going

0:52:060:52:10

there. The question arises as to

what... I referred the honourable

0:52:100:52:15

gentleman to the financial Times, Mr

Speaker. With the greatest of

0:52:150:52:19

respect to the honourable gentleman,

I'm not his research. I'm sure he is

0:52:190:52:22

capable of doing that.

I'll give

way. I thank you. Does he accept

0:52:220:52:29

that if the tax gap we have now was

at the same level it had been on

0:52:290:52:34

average on the Labour, that our

deficit would be £12 billion higher?

0:52:340:52:41

My honourable friend behind me says,

move on. And I think she is

0:52:410:52:45

absolutely right in relation to that

issue. I will reaffirm the point I

0:52:450:52:52

made in the Labour document. We have

got to push on with this debate.

0:52:520:53:02

It's no good talking about the past.

We want to talk about here and now

0:53:020:53:07

and the future. I will give way to

the honourable member.

He does not

0:53:070:53:15

had to speak if he does not want to!

The tax gap is now 60%. It averaged

0:53:150:53:22

8% under Labour. If it was 8% as

then, we would have a bigger deficit

0:53:220:53:27

by £12 billion per year. -- the tax

gap now is 6%.

I am not going to get

0:53:270:53:38

into that particular issue. No doubt

we will come back to this at the

0:53:380:53:43

time of the budget. I know you are

looking at me with those guys. And a

0:53:430:53:49

smile at the same time. I will move

on. Mr Speaker, while tax avoidance

0:53:490:53:55

is a global problem it is also a UK

problem. The UK accounts for 17% of

0:53:550:54:01

the global market for offshore

services. We are considered one of

0:54:010:54:05

the biggest if not the biggest

players in the global offshore

0:54:050:54:08

system of tax havens. Accounting for

some of the world's key tax havens,

0:54:080:54:14

Jersey, Guernsey, Isle of Man 's Tom

Bahama, isle of man, Kate Cross and

0:54:140:54:20

British Virgin Islands, all British

overseas territories and all

0:54:200:54:25

afforded the protection of the

British Government. Despite our

0:54:250:54:30

prominence as a country at the heart

of the network offshore tax havens

0:54:300:54:33

which helps tax avoidance across the

globe, the Government refuses to

0:54:330:54:37

lead the way in relation to tax

transparency. I keep using that

0:54:370:54:42

word. I will consistently use that

word, tax transparency.

Thank you.

0:54:420:54:53

Would the Shadow Minister agree the

purchasing of a private jet, nearly

0:54:530:54:58

£17 million, setting up an offshore

leasing company, with the sole aim

0:54:580:55:03

of saving £3 million in VAT is an

affront to our public services.

My

0:55:030:55:10

honourable friend is quite right. It

is shocking. The denial of those on

0:55:100:55:18

the Government benches is not

something new. In 2013 when the G8

0:55:180:55:24

was pushing ahead with strict rules

to clamp down on tax avoidance, the

0:55:240:55:28

then Conservative Prime Minister

David Cameron was busy undermining

0:55:280:55:33

them, writing to the president of

the European Council demanding

0:55:330:55:36

offshore trusts were excluded. The

government record on tackling tax

0:55:360:55:43

avoidance is not all that it would

like it to be. Yes, I'm quite happy.

0:55:430:55:49

He is being generous with his time.

We all agree this has to be a

0:55:490:55:53

priority. He is focusing on our

record but why did the Labour Party

0:55:530:55:58

block the three measures we brought

forward by Chamakh it would have

0:55:580:56:02

been worth £8.6 billion vital to the

public services the listed earlier.

0:56:020:56:09

-- we brought forward?

I am more

than happy to give the honourable

0:56:090:56:20

gentleman a narrative. Let's put it

like that. About the proceedings. If

0:56:200:56:27

he wishes I have more than happy to

talk to him outside. I think the

0:56:270:56:31

information he is getting from his

front bench is nonsense. I'm going

0:56:310:56:36

to close to give people an

opportunity, Mr Speaker. First we

0:56:360:56:41

had the Panama Papers. Now the

Paradise Papers. How many more tax

0:56:410:56:48

avoidance leaks will then need to be

before the Government acts? It is

0:56:480:56:55

clear we desperately need a public

enquiry into tax avoidance, the use

0:56:550:56:58

of onshore trusts and havens. The

government should listen to this

0:56:580:57:02

side of the House and people outside

the House, more importantly, and act

0:57:020:57:07

by introducing a public register of

offshore trusts and publishing the

0:57:070:57:12

information already provided to it

from overseas territories. It should

0:57:120:57:16

also stop cuts to HMRC and make sure

HMRC staff have the staff and

0:57:160:57:22

resources needed to enable it to

tackle tax avoidance. Mr Speaker,

0:57:220:57:30

this House should be reassured that

if this government continues to

0:57:300:57:32

ignore the problem and to act, I can

assure them of the Labour government

0:57:320:57:39

will.

I draw the attention of the

House to my entry in the register of

0:57:390:57:45

members interests. I congratulate

the honourable lady on securing this

0:57:450:57:49

debate. She brings great expertise

and authority on these matters, not

0:57:490:57:55

least from her time on the PAC. Mr

Speaker, I think the most important

0:57:550:58:01

point for her to focus on this

afternoon is this is not a party

0:58:010:58:06

political issue. Although the right

honourable lady had some criticisms

0:58:060:58:10

of this government, criticisms of

the Government of which she was a

0:58:100:58:16

part, the only plausible criticism

in my judgment which can be made of

0:58:160:58:19

the current government is they need

to speed up some of the initiatives

0:58:190:58:24

they have already implemented. But

the Government has not done that in

0:58:240:58:29

respect of the overseas territories,

because we would rather these havens

0:58:290:58:33

took action themselves. And to be

fair, to some extent they have

0:58:330:58:38

already started doing so. In terms

of the actions taken by the

0:58:380:58:43

Government, David Cameron and George

Osborne led the international effort

0:58:430:58:47

at the G8 to clamp down on these

matters. Especially on tax avoidance

0:58:470:58:52

and evasion. We introduced publicly

accessible registers in the UK for

0:58:520:58:58

people with significant control. We

abolished anonymous shareholders. We

0:58:580:59:04

introduced very important

unexplained wealth orders. And the

0:59:040:59:12

anti-bribery law, first started

under John Major in Paris in 1995,

0:59:120:59:16

was finally introduced into this

country in 2011, after 13 years of

0:59:160:59:22

Labour government, by David Cameron.

Let's be clear that this government

0:59:220:59:28

has been taking action and has

raised an immense amount of extra

0:59:280:59:32

tax as a result. However, the time

has come, this is the third debate

0:59:320:59:37

in which I had taken part, to insist

on the same level of transparency

0:59:370:59:44

for the overseas territories as we

have in this country. These

0:59:440:59:49

territories gain hugely from their

relationship with the UK. As the

0:59:490:59:54

Government made clear in 2012, and I

quote, it is a matter of

0:59:541:00:00

constitutional law, the UK

Parliament has unlimited power to

1:00:001:00:03

legislate for these territories. I

give way.

I am grateful to the

1:00:031:00:09

gentleman for giving way. He will go

from his considerable expertise on

1:00:091:00:13

international development that the

abuse of these sorts of offshore

1:00:131:00:17

schemes not only harm the British

taxpayer but also disadvantage some

1:00:171:00:21

of the poorest people in the world.

That is why the Government must

1:00:211:00:25

increase greater transparency in

Crown dependencies and overseas

1:00:251:00:27

territories.

I am coming onto

exactly that point. The position of

1:00:271:00:33

the territories, like many members,

I have had visits from senior

1:00:331:00:39

ministers in virtually all of them,

the position of the territories is

1:00:391:00:42

best summed up by the prayer of

Saint Augustin, make me chaste, O

1:00:421:00:49

Lord, but not yet. They have

double-macro arguments. The first I

1:00:491:00:54

will call the Dutch Antilles

argument. -- they have two

1:00:541:01:00

arguments. They will head off to the

Dutch Antilles. There is a real

1:01:001:01:05

momentum around the world, thanks to

David Cameron and George Osborne, to

1:01:051:01:09

attack these unfair nurses. The

havens in bracing and open register

1:01:091:01:16

in my view will have an advantage

from being at the front of opening

1:01:161:01:20

up for what are billions of pounds

of legitimate business. The second

1:01:201:01:26

argument and this is one in a way I

think we must address head-on, is

1:01:261:01:31

they already provide the private

registers, they are available to

1:01:311:01:35

lawmakers and regulators like the

HMRC, and they proudly say they will

1:01:351:01:41

turn around enquiries from the HMRC

within a matter of hours. That is

1:01:411:01:48

very good but completely misses the

point, as this recent release of

1:01:481:01:52

information shows. Registers must be

open to the media, journalists, NGOs

1:01:521:02:00

and those people who can join up the

dots. The regulatory authorities are

1:02:001:02:05

not with the best will in the world

in that business. Narrow questions

1:02:051:02:10

jaunt from regulatory authorities do

not suffice. -- drawn from

1:02:101:02:16

regulatory authorities.

My

honourable friend makes a fair

1:02:161:02:23

point. Will he accept that we should

not run all overseas territories

1:02:231:02:27

into the same basket? Some are much

more compliant than others.

He makes

1:02:271:02:32

a very good point. I would like to

exclude Gibraltar from what I am

1:02:321:02:38

saying. Gibraltar is not an example

of what we are talking about. Time

1:02:381:02:42

is short. The final point I want to

make is the United Kingdom led on

1:02:421:02:48

point seven. Around the world the

United Kingdom is looks to for its

1:02:481:02:53

leadership on international

developer on. It is part of this

1:02:531:02:56

Parliament's identity. It is who we

are. It is part of global Britain.

1:02:561:03:02

We have an obligation, not least to

Oregon taxpayers, the champion

1:03:021:03:07

transparency and openness and have

zero tolerance towards corruption.

1:03:071:03:14

-- our own taxpayers. When we came

into government in 2010 the

1:03:141:03:18

Department for International

development led the way with

1:03:181:03:20

transparency guarantees. We

published openly all expenditure

1:03:201:03:25

above £500 on the Internet and it

may be a cliche, but sunlight is the

1:03:251:03:31

best disinfectant and that is at the

heart of what we are talking about

1:03:311:03:34

today.

I am most grateful to him for

giving way and support what he is

1:03:341:03:42

saying. Will he agree with me that

actually the market for financial

1:03:421:03:46

services in the future is huge?

Jurisdiction with this transparency

1:03:461:03:52

is going to attract a loss of

business in the future exactly for

1:03:521:03:55

that reason.

My honourable friend is

absolutely right. That was the first

1:03:551:04:01

of the two points I was making in

trying to tackle head-on the

1:04:011:04:05

counterargument sometimes but up by

some of the territories. In terms of

1:04:051:04:09

tackling corruption and having a

zero tolerance towards it, in 2010,

1:04:091:04:16

when I was responsible for these

matters, we targeted funding

1:04:161:04:20

specifically on to the city of

London police, who have some

1:04:201:04:24

expertise in pursuing and recovering

stolen funds. We should do as much

1:04:241:04:28

with that as we possibly can. I give

way.

I agree with a great deal of

1:04:281:04:33

what he has said. Given the British

Virgin Islands in particular, the

1:04:331:04:37

majority of the economy is in

financial services, the islands have

1:04:371:04:42

been devastated in the hurricanes.

Is now the right time to impose on

1:04:421:04:45

the islanders rather than working

with them?

He makes a fair point in

1:04:451:04:52

view of the current humanitarian

crisis which has afflicted the

1:04:521:04:55

British Virgin Islands. It is in

fact one of the most transparent is

1:04:551:05:00

of these havens. But I do not think

what I hope is a temporary crisis

1:05:001:05:08

should in any way mitigate the

argument I am making that maybe in a

1:05:081:05:12

short period of time but in a

defined period, these open registers

1:05:121:05:15

are absolutely essential. I was

talking about Britain's

1:05:151:05:21

international developer and

leadership and I finish on this

1:05:211:05:23

point... I will give way to the

honourable member.

Earlier he said

1:05:231:05:30

the UK lead on point seven. They

were about 45 years later on the

1:05:301:05:34

agreement in 1970 and decades behind

Scandinavia. I do not see the

1:05:341:05:39

leadership. Will he come back on

that?

He cannot get away with such a

1:05:391:05:45

narrow partisan comment. Britain was

at the G8 country to stand by

1:05:451:05:50

commitments to the poorest people in

the world and we are very proud

1:05:501:05:54

indeed that it was this government

that did it. Mr Speaker, the highly

1:05:541:06:01

respected Africa progress panel in a

recent study on the DRC, made clear

1:06:011:06:10

that stolen funds and stolen taxes

was costing their country £1.5

1:06:101:06:14

billion. More than the country

spends on health and education. It

1:06:141:06:21

is deeply ironic some deeper as

people in the world live on top of

1:06:211:06:25

some of the richest real estate.

That is clear in the DRC. There are

1:06:251:06:31

incredible studies which make it

absolutely clear that in Africa the

1:06:311:06:36

money that is stolen from the people

through nonpaid taxes or concealment

1:06:361:06:46

dwarfs all foreign direct investment

and international developer and

1:06:461:06:48

money flowing into Africa each year.

I will give way to the honourable

1:06:481:06:52

member.

We know a lot of that money

does not end up in overseas

1:06:521:06:58

territories. We know a lot of money

ends up in places like Dubai. We

1:06:581:07:10

need to engage in other parts of the

world, particularly in places like

1:07:101:07:14

Dubai where much of this money can

be found.

He makes a good point. The

1:07:141:07:19

key point is transparency. It is

openness. Make all these matters

1:07:191:07:24

published and the way they are

published in an open register in

1:07:241:07:27

Britain and that is the way in which

we make progress. Mr Speaker, we

1:07:271:07:31

look to the Government to advance

this agenda. Probably in the Finance

1:07:311:07:35

Bill. We have the Treasury benches

will clearly hear the will of the

1:07:351:07:40

House on this matter today and that

progress will indeed now be made.

I

1:07:401:07:46

asked the SNP spokesperson not to

exceed ten minutes in the interests

1:07:461:07:52

of facilitating others. We are in

her hands. Kirsty Blackman.

1:07:521:08:02

It is try to stick to that. -- it is

not common for me to exceed ten

1:08:021:08:08

minutes. Thanks for bringing this

debate to the House. I would like to

1:08:081:08:17

thank the journalists who have done

the work in the Paradise papers,

1:08:171:08:22

they have done it huge amount of

work, investigating this, and

1:08:221:08:27

exposing the issues and bringing

this to the attention of the

1:08:271:08:31

international media as well as the

attention of this House and they

1:08:311:08:35

deserve to be thanked. I normally

have a lot of time for the minister,

1:08:351:08:40

I find him to be often wrong, but

generally reasonable.

LAUGHTER

1:08:401:08:46

The speech he made today was badly

pitched, frankly. The speech from

1:08:461:08:54

the member for Sutton Coldfield was

much better, not just talking about

1:08:541:08:59

resting on his laurels, but about

what the government was going to do

1:08:591:09:01

and then could do in the future, I

have the minister listens to the

1:09:011:09:08

voices across the House on what they

are calling for De Shai Hope. This

1:09:081:09:11

is not a party political issue -- I

hope the minister. I don't have much

1:09:111:09:19

respect for either government's

actions on tax evasion, Labour or

1:09:191:09:26

the Conservatives, and I think

there's more that can be done.

1:09:261:09:29

Members across the House would agree

that is the case. Transparency

1:09:291:09:33

international look into the issue of

companies dodging tax and they found

1:09:331:09:41

766 UK companies that were involved

in corruption and money-laundering

1:09:411:09:44

to the June of £80 billion, and a

quarter of those companies that we

1:09:441:09:48

investigated are still active. Those

organisations once the government

1:09:481:09:54

can take action against. UK

Government is making a number of

1:09:541:09:59

incredibly ill advised and not great

decisions right now around things

1:09:591:10:03

like closing HMRC officers, round

their continued pursuit of

1:10:031:10:07

austerity. The work that has been

done by number of journalists is

1:10:071:10:16

helping us, and I appreciate that

the government has taken action on

1:10:161:10:18

this, but it took a very long time

for MPs like Roger Mullen... In

1:10:181:10:25

order to convince the government to

make any move on this. It is not

1:10:251:10:29

just this UK Government, previous

governments have successively failed

1:10:291:10:33

to crack down on this, and the UK

tax code is out of hand. It requires

1:10:331:10:39

simplification and changes that they

are making around that in

1:10:391:10:44

conjunction with the office for

taxing the vacation, have not gone

1:10:441:10:48

far enough -- tax simplification.

You cannot no longer carry the tax

1:10:481:10:55

code around because it is so

significant, and the potential for

1:10:551:11:00

people to dodge things as a result

of that very complex tax code is

1:11:001:11:03

ridiculous. The member for Boodle

spoke about the UK Government

1:11:031:11:10

previously calling for the EU's

sanctions around tax dodging to be

1:11:101:11:15

watered down, and I think this was a

grim action for them to take them

1:11:151:11:21

especially in the wake of the

Paradise Papers when this call came.

1:11:211:11:25

The UK Government should be leading

by example, they should be doing,

1:11:251:11:29

not just saying, we have got the tax

gap down to 6%, they should be

1:11:291:11:34

saying, the tax code is still 6%, we

have it huge amount of work to do in

1:11:341:11:38

order to crack down on that final

6%, we have, the UK has the

1:11:381:11:44

virginity to lead the world in this

regard and I think they should do

1:11:441:11:47

that -- UK has the opportunity.

Does

the lady thinks the introduction of

1:11:471:11:55

further tax bands in Edinburgh is an

additional convocation to the UK tax

1:11:551:12:00

codes? --, location.

You are

confusing the issue of income tax

1:12:001:12:06

with other types of tax. What has

happened in Scotland in relation to

1:12:061:12:14

the paper that has been produced,

that consults on a number of

1:12:141:12:18

options, and lays out the effects

they have, that is way more

1:12:181:12:21

transparent than any action that any

UK Government takes in advance of

1:12:211:12:29

any budget, where they bring rabbits

out of hats. The Scottish Government

1:12:291:12:34

has entered into dialogue with the

other parties and other parties have

1:12:341:12:37

got the opportunity to take that

chance to criticise or praise. The

1:12:371:12:44

honourable man but should do that.

-- member. The Scottish Government

1:12:441:12:51

have called for this to be devolved

to Scotland because we think we

1:12:511:12:54

would do a better job. The issue

that was highlighted especially by

1:12:541:13:03

the Paradise Papers, is the fact

that everyone knows that tax evasion

1:13:031:13:08

is illegal but tax avoidance as

highlighted in these papers is

1:13:081:13:12

immoral.

I'm grateful for giving

way. I'd like to share my concern.

1:13:121:13:22

Bright house, company that exploits

areas with extortion at APR rates,

1:13:221:13:30

is that immoral?

I agree, I'll say

her constituents who are exploited

1:13:301:13:36

by organisations like that -- I also

have constituents. It is a company

1:13:361:13:42

that no one should be investing in.

It is not that difficult to pay the

1:13:421:13:47

tax that you know, it is not that

difficult to say to financial

1:13:471:13:50

adviser, if you have bags of cash, I

would like my money to grow, but I

1:13:501:13:56

do not want it to grow by avoiding

the tax I/O. It would be very easy

1:13:561:14:02

for people to say that. It is clear

that some people lack the moral

1:14:021:14:09

compass and where they are taking

the decisions to engage in

1:14:091:14:13

aggressive tax avoidance of the

government requires to legislate in

1:14:131:14:17

order that they could no longer do

that, to provide the moral compass,

1:14:171:14:21

to make sure the tax is paid when it

is owed. We must have the best

1:14:211:14:26

possible tax rules in place and we

must simplify the tax code and we

1:14:261:14:30

must crack down on evasion and we

must legislate to reduce avoidance,

1:14:301:14:34

and the government is in a untenable

position, it cannot continue to

1:14:341:14:40

implement austerity while at the

same time leaving a tax gap.

Many of

1:14:401:14:49

the tax avoidance, they don't avoid

using our roads and the schools and

1:14:491:14:55

they don't avoid using hospitals or

using the police to look after their

1:14:551:15:00

lumps of money.

I absolutely agree.

However much they are earning, and

1:15:001:15:08

however much tax they are paying,

people are using the public

1:15:081:15:12

services. In our party we aspire to

have brilliant public services and

1:15:121:15:18

we aspire to have people working in

public services that are paid a

1:15:181:15:22

reasonable amount and don't have to

face a pay cut. The only way we can

1:15:221:15:26

provide the public services we want

and provide the benefits system that

1:15:261:15:30

we want, is to have a system where

people pay the tax they owe. We

1:15:301:15:38

continue to call for this to be

devolved to Scotland because we

1:15:381:15:40

think we would take better decisions

in the absence of devolution we

1:15:401:15:45

would like the UK Government to take

actual action rather than just say,

1:15:451:15:48

look how great we are.

Thank you.

There will be with immediate effect

1:15:481:15:55

a six minute limit on backbench

speeches. Mr David Morris.

Thank you

1:15:551:16:01

very much. I did not expect to be

called so early. I'm a bit at a loss

1:16:011:16:13

at what we are trying to achieve, is

this about tax evasion or offshore

1:16:131:16:16

companies? Offshore companies are

legal entities, and many of them,

1:16:161:16:21

especially across the Commonwealth

and overseas territories have been

1:16:211:16:25

set up with HMRC guidelines, and

that has got to be clarified here

1:16:251:16:29

and now, is this about tax avoidance

or is this about overseas

1:16:291:16:36

territories having tax advantages?

What is it about? Yesterday when the

1:16:361:16:43

SA 24 was being granted, I was

absolutely of the mind that this was

1:16:431:16:49

about overseas territories or even

tax evasion under certain forms of

1:16:491:16:54

tax bandages in certain forms of

countries across the world -- tax

1:16:541:16:58

advantages. The problem we have, the

UK can do its bit, and this

1:16:581:17:03

government has done, and the labour

government for 13 years did very

1:17:031:17:08

little, to be frank. But now it is

the perception, the perception of

1:17:081:17:14

who pays the taxes in this country,

and I can give you a very basic

1:17:141:17:17

economic argument. It is like a

piggy bank. You earn your money, you

1:17:171:17:24

put your money in an offshore

piggybank, and then you pay tax on

1:17:241:17:28

it at source and when you put the

money back into this country, so

1:17:281:17:32

there is no tax evasion there. I

remember the Leader of the

1:17:321:17:37

Opposition talking about the Isle of

Man government, and the Isle of Man

1:17:371:17:43

government I have a lot of time for

them and many links with them, in my

1:17:431:17:48

constituency, and the problem I have

with this issue is that the Isle of

1:17:481:17:53

Man government are the most highly

regulated offshore tax haven, if you

1:17:531:17:58

want to call it that, in the whole

world. This is from the Isle of Man

1:17:581:18:04

government, amongst other things

customs and excise agreements remove

1:18:041:18:08

the need for customs barriers

between the Isle of Man, the UK and

1:18:081:18:12

the EU, and even the EU is very

loath to draft any legislation on

1:18:121:18:17

this matter. It makes the island

part of the European VAT territory,

1:18:171:18:23

the agreement also makes the revenue

sharing agreement, by which tax and

1:18:231:18:29

VAT and most other indirect tax

revenues are split between the UK

1:18:291:18:34

and the Isle of Man. Since 2011 and

this is on the subject of private

1:18:341:18:39

jets, since 2011 the Isle of Man

customs and excise has raised more

1:18:391:18:45

than 30 assessments for under

declared and over claimed VAT

1:18:451:18:50

against businesses in the aircraft

leasing sector. Approximately

1:18:501:18:57

protecting £4.7 million VAT to this

extractor. -- Exchequer. Are we

1:18:571:19:04

arguing about reforming tax laws or

are we arguing about reforming tax

1:19:041:19:09

havens

1:19:091:19:12

are we arguing about reforming tax

havens? Most have been sorted out in

1:19:121:19:15

overseas territories by this House,

so I will keep it short, but I think

1:19:151:19:20

this is a grand waste of time, this

debate, and it is very confusing for

1:19:201:19:24

the public out there.

I am dismayed,

what we are talking about is

1:19:241:19:35

openness and transparency about tax,

and the member for Sutton Coldfield

1:19:351:19:38

set the tone for this debate along

with the member for Barking, this is

1:19:381:19:44

a cross-party issue, it is

important, and I agree with every

1:19:441:19:50

word the member for Sutton Coldfield

said, this is something that harms

1:19:501:19:53

countries around the world,

developing countries, it hits

1:19:531:19:56

taxpayers because the wealthiest and

large corporations find ways to

1:19:561:19:59

reduce their tax bills and avoid

paying tax completely, and if you

1:19:591:20:04

would let me make some progress

please for the... I congratulate the

1:20:041:20:11

member for barking to secure this

debate. And the shining a light on

1:20:111:20:16

what has come out of the Panama

papers. The Public Accounts

1:20:161:20:24

Committee have shone a light on this

for some years and I pay tribute to

1:20:241:20:27

the member for barking for her work.

Some of the worst excesses of

1:20:271:20:37

avoidance have come to light and we

saw real change, international

1:20:371:20:40

action, and it has to be

international action, it actually

1:20:401:20:44

saw change at a faster pace than we

have seen under any government for

1:20:441:20:48

many years in making more

information about tax for

1:20:481:20:53

corporations public, and we continue

to pursue this, and with political

1:20:531:20:56

will we can make progress. In the

last year the Public Accounts

1:20:561:21:01

Committee held in international tax

transparency conference and we had

1:21:011:21:05

in our own humble way, we thought we

might get some countries from the

1:21:051:21:10

EU, but we had countries from around

the world. Over 20 of them signed up

1:21:101:21:15

to our pledge on international tax

transparency, pledging to fight for

1:21:151:21:18

our citizens, through our

parliaments, to press governments

1:21:181:21:22

and to be bolder and faster as the

member for Sutton Coldfield said. We

1:21:221:21:29

are not moving at the right pace,

and this release of papers and

1:21:291:21:38

information is a real eye-opener for

our constituents who just pay their

1:21:381:21:42

tax and have no idea about this.

Public country by country reporting

1:21:421:21:49

the large corporations is something

the government could do and the

1:21:491:21:55

member for Don Valley, I know has

been a champion of this issue and

1:21:551:21:59

managed to work with the government

to change the law on this, and the

1:21:591:22:02

Paradise Papers show that these tax

arrangements only come to light when

1:22:021:22:06

the information is in the public

domain. We need to see fast change

1:22:061:22:11

on this, the establishment of

offshore trusts which then buy homes

1:22:111:22:16

and wine and cards for the

beneficiary without tax being paid,

1:22:161:22:18

or money being paid into offshore

trusts which makes loans to

1:22:181:22:24

individuals which can't be repaid,

and they may be legal, although I

1:22:241:22:28

doubt they are in some cases. With

the Panama papers, they were

1:22:281:22:33

released in April 2016, and

according to HMRC, who appeared

1:22:331:22:36

before our committee last week,

there are 66 criminal or civil

1:22:361:22:44

investigations underway, four people

have been arrested and a further six

1:22:441:22:46

have been interviewed under caution.

The HMRC only expects an additional

1:22:461:22:55

revenue of £6 million, and that is

small fry, and it demonstrates the

1:22:551:23:00

lengths that people will go to to

hide their money, and the importance

1:23:001:23:03

of making sure that HMRC have the

resources necessary to pursue this.

1:23:031:23:11

So what we need is public country by

country reporting enacted, and that

1:23:121:23:18

needs to be done internationally,

but if international players will

1:23:181:23:21

not lead the way, then let the UK

Government take us forward on this,

1:23:211:23:26

be bold, be brave, and make sure we

are setting the tone and standard

1:23:261:23:31

for the world. We have urged HMRC to

consider a wealth tax for wealthy

1:23:311:23:36

individuals as they have in Japan

and Australia to make it easier to

1:23:361:23:39

track down where people hold their

wealth and pay their tax, and we

1:23:391:23:44

need continued Parliamentary and

public pressure so that this is

1:23:441:23:47

voluntarily move towards more

openness. Already this has been

1:23:471:23:52

taken up by 30 companies and we hope

to see it go further. I would like

1:23:521:23:57

HMRC to have more prosecutions to

set an example to those who seek to

1:23:571:24:01

avoid tax and make sure people

questioned these highly paid tax

1:24:011:24:05

advisers that they recruit, and then

they say, I didn't know what was

1:24:051:24:08

going on, I paid someone else.

People need to take responsibility

1:24:081:24:13

for their actions, whether they are

corporations all wealthy

1:24:131:24:15

individuals. As I say, resources

from HMRC to tackle this. There is a

1:24:151:24:23

very high return rate for every

pound of taxpayers' money, and it is

1:24:231:24:31

important that the Exchequer sees

the benefit of that and ramps up the

1:24:311:24:35

money available. We have an

arbitrary target of a hundred

1:24:351:24:37

prosecutions which has been set

which seems an odd figure to pluck

1:24:371:24:40

out of the hat. We are pressing HMRC

to explain why that figure has come

1:24:401:24:47

out of the blue. We need to make

sure that the right number

1:24:471:24:53

prosecutions take place, not just a

target. Tax is paid for the common

1:24:531:24:58

good, and my committee works hard to

make sure that that tax money is

1:24:581:25:02

spent efficiently, effectively and

economically by the Government, but

1:25:021:25:05

we do need to speed up on the

measures to crack down on this

1:25:051:25:09

aggressive tax avoidance and an tax

evasion, and we need to move to a

1:25:091:25:13

world where the impact of not paying

their fair share of taxes is

1:25:131:25:17

recognised as something that is

plainly wrong.

It is a pleasure to

1:25:171:25:23

follow the honourable lady, and I

join in the thanks to the Member for

1:25:231:25:30

barking for ensuring this important

debate. I agree with her

1:25:301:25:34

conclusions, but I come a slightly

different way to get there. I would

1:25:341:25:39

like to start by saying identity

this fair to say that over the last

1:25:391:25:44

15 years, HMRC and the previously

the Government and the Conservative

1:25:441:25:47

one have not tried to tackle

aggressive avoidance. I think the

1:25:471:25:50

amount of measures that have been

introduced, ranging from disclosure

1:25:501:25:57

rules of artificial schemes to the

more recent ones, if you cant up how

1:25:571:26:01

many targeted anti-avoidance rules

have been added, we have been trying

1:26:011:26:05

everything we can to tackle the most

outrageous behaviour, and many of

1:26:051:26:09

the schemes that used to be possible

in the widespread 15 years ago at

1:26:091:26:13

you now just can't do at all.

I

thank the honourable member

1:26:131:26:19

forgiving way. Would he agree with

me that there is a cultural issue on

1:26:191:26:23

the whole machinery which enables

and facilitates these sorts of

1:26:231:26:26

arrangements which the 99% of us

have nothing to do, but we do have

1:26:261:26:30

to be aggressive in tackling that

1%.

Exactly, the point I was trying

1:26:301:26:35

to make is that the I don't think

the size of the tax gap is down to a

1:26:351:26:40

lack of effort, the problem is that

the invaders are one step ahead and

1:26:401:26:45

move to different things, and that's

why I think these Panama Papers show

1:26:451:26:50

is that people are going offshore,

using artificial ways to be offshore

1:26:501:26:55

rather than using artificial

domestic planning to get around the

1:26:551:26:58

rules, and that is why...

Isn't the

problem the tactics of applying

1:26:581:27:09

these complicated rules and

regulations and the expensive way

1:27:091:27:18

that accountants can devise a

wearer. Shouldn't we be looking at a

1:27:181:27:22

general principle?

I agree with

that, the Government did introduce

1:27:221:27:29

the General Anti-Abuse Rule. I think

there is scope for extending that,

1:27:291:27:35

and also for trying to improve

behaviour. That is why it is right

1:27:351:27:40

that we should now expect large

businesses to publish their tax

1:27:401:27:44

revenue, and we can now say, we

don't condone with this, we don't

1:27:441:27:47

engage in it, and that is the way we

change the behaviour and culture. We

1:27:471:27:57

have seen some advisers changing

their code of conduct saying that

1:27:571:28:00

artificially aggressive policies

won't be used, but there is clearly

1:28:001:28:03

a long way to go. But before I talk

about the various measures we could

1:28:031:28:07

take, let's be clear that we can't

disclose the whole of the tax gap by

1:28:071:28:13

tackling aggressive avoidance by the

rix and the large multinationals. We

1:28:131:28:20

should get that down as low as we

can, but it is a simple fact that

1:28:201:28:24

the largest group or are not paying

tax are small and medium-size

1:28:241:28:29

businesses. Of the tax gap of £38

billion, 15 billion is small and

1:28:291:28:36

medium-sized businesses. It is not

aggressive avoidance that causes the

1:28:361:28:42

biggest tax gap, it is not taking

reasonable care. So I don't think

1:28:421:28:47

Wigan look at the whole tax gap and

say that that is being lost to us by

1:28:471:28:51

awful behaviour by large corporate.

There is much more to do sadly on

1:28:511:28:57

individuals in the UK who are

working and not declaring VAT or

1:28:571:29:01

working in the hidden economy, so it

is not fair to say this isn't about

1:29:011:29:05

ordinary people, sadly quite a lot

of it is about people who should not

1:29:051:29:08

be doing that and we need to find

ways to tackle those as well. But

1:29:081:29:12

what we have exposed again by these

papers is that there is a crisis of

1:29:121:29:17

confidence that our tax and

financial system is fair and as

1:29:171:29:21

clean as we can get it to be. There

are some further measures the

1:29:211:29:25

Government can take to improve the

reputation of our economy and

1:29:251:29:30

financial system and to increase the

confidence that our constituents

1:29:301:29:33

have in our tax regime. The good

news is most of these issues are

1:29:331:29:41

government policy already, so I

agree, let's get the country back

1:29:411:29:48

into the public domain, and compare

companies' turnover. It is not

1:29:481:29:59

greatly enhanced disclosure. If you

look at large plcs' accounts, they

1:29:591:30:04

are required to disclose segmental

information, tax reconciliation down

1:30:041:30:09

to what tax they are being paid. For

that information to be done in a

1:30:091:30:15

meaningful, useful way, it needs to

be understandable so that we can

1:30:151:30:18

work out how they are not paying the

tax they ought to be paying. Let's

1:30:181:30:22

have a date when we will start

requiring that information to be in

1:30:221:30:25

the public domain. It doesn't have

to be tomorrow, let's have a date in

1:30:251:30:30

2019 something so that we can

actually see it. And on linked

1:30:301:30:37

measures, the other issue of

transparency we do need in the UK is

1:30:371:30:40

that we can nowhere very rich

people, large companies, are buying

1:30:401:30:44

very expensive property in the UK.

We need to know who they are and how

1:30:441:30:49

they have raised the money to buy

the property, it can't be right that

1:30:491:30:52

somebody can buy property here for

50 million, not live in it, and we

1:30:521:30:57

have no idea where they got the

money to do that. So let's go ahead

1:30:571:31:00

with having a transparent register

of overseas owners of expensive

1:31:001:31:05

property in the UK, and that will

show that people can't put their

1:31:051:31:15

money here and set property is a

safe asset. The shocking miss of the

1:31:151:31:21

papers last week was that something

like Apple, when being chased by the

1:31:211:31:29

EU through Ireland, chose to try to

move their affairs to Jersey to try

1:31:291:31:33

to avoid the tax we all think they

owe, and this shows again why we

1:31:331:31:40

need transparency in our

territories, who was operating there

1:31:401:31:43

and where the money they have their

actually came from. Those

1:31:431:31:50

territories have a right to exist

and choose their own tax rates, they

1:31:501:31:52

have a right to be competitive, but

what they don't have a right to do

1:31:521:31:56

is hide money that he's been stolen

from elsewhere in the world, and

1:31:561:31:59

they don't have a right to move

profits that are not being earned

1:31:591:32:03

there and give them a beneficial

rate. If we get the transparency

1:32:031:32:06

there to show who is operating

there, who really owns them and

1:32:061:32:10

where the money came from, then they

can show how clean they claim to be,

1:32:101:32:14

or whether that is true, and that

way they can compete on reputation.

1:32:141:32:20

They don't need to compete on being

closed and dirty. They are after

1:32:201:32:26

real business. If they go ahead with

that transparency, they will get a

1:32:261:32:30

competitive advantage, and we can't

as a country which has so many of

1:32:301:32:34

those territories say that we will

follow the herd. We are heard, let's

1:32:341:32:39

set an example.

Thank you, Mr

Speaker, and it is a pleasure to

1:32:391:32:44

follow the honourable gentleman from

Amber Valley and congratulate him on

1:32:441:32:48

securing a Westminster Hall debate

on the subject of country by country

1:32:481:32:52

reporting, and I hope members on all

sides of the House will support that

1:32:521:32:56

debate. It is just over a year ago,

in September 2016, that cross-party

1:32:561:33:00

support successfully secured the

only non-government amendment to the

1:33:001:33:07

Finance Bill. And it gave the power,

as the honourable member for Amber

1:33:071:33:12

Valley are applied, to require

multinationals to publish tax

1:33:121:33:15

information in all countries where

they operate, known as public

1:33:151:33:18

country by country reporting. And

this is an important part, an

1:33:181:33:22

important measure, not the only

measure, about how we tackle some of

1:33:221:33:26

the scandals that have emerged

through the Panama Papers, and more

1:33:261:33:33

recently, the Paradise papers,

because openness on this issue will

1:33:331:33:38

help us all. It is interesting that

in the interactive centre and the

1:33:381:33:47

finance sector a form of public

country-by-country reporting is

1:33:471:33:50

already in place, and there is

certainly to my mind and increasing

1:33:501:33:55

movement by investors who want to

see more of this, and why do

1:33:551:33:58

investors want to see more of this?

Because they are getting more and

1:33:581:34:01

more worried by these public

disclosures about the reputational

1:34:011:34:06

damage to them of putting money into

good enterprises which at the end of

1:34:061:34:12

the day compromise their investment

and their sense of the contribution

1:34:121:34:18

they want to make towards creating

wealth, we all want to create wealth

1:34:181:34:24

because that gives us the

opportunity to provide towards

1:34:241:34:26

public services. But it is clear

from the Panama Papers and now the

1:34:261:34:36

Paradise papers, companies are under

pressure to try to cut their tax

1:34:361:34:40

bills, despite the large profits

they make, and that is why

1:34:401:34:48

governments have a duty to make sure

that as much as possible

1:34:481:34:51

transparency is provided for. We

know, and let's be honest, we have

1:34:511:34:56

always known, that big companies and

very wealthy individuals can easily

1:34:561:35:02

move their revenues around the world

out of reach of governments can find

1:35:021:35:06

whatever loophole they cant to just

become richer. Corporate tax

1:35:061:35:10

avoidance is not only unfair, it

damages economies and societies, and

1:35:101:35:14

at home and overseas, it means less

money for stretched public services.

1:35:141:35:18

A colleague earlier said that there

is an estimate that developing

1:35:181:35:22

companies lose at least $100 billion

every year. That would be enough to

1:35:221:35:28

educate 12 million children

currently missing schooling and

1:35:281:35:31

health care that could save the

lives of 6 million children. Paying

1:35:311:35:35

tax responsibly isn't an issue of

right and wrong. If those with

1:35:351:35:41

accountants and lawyers seek to

avoid this, preferring a world of

1:35:411:35:44

hidden havens and shell companies,

trust breaks down and in the end we

1:35:441:35:49

all lose out. Last year the former

Treasury Minister, now the Secretary

1:35:491:35:55

of State for the Department of Work

and Pensions said that while the

1:35:551:35:58

Government was keen for there to be

a multilateral deal when it came to

1:35:581:36:02

public country-by-country reporting,

if we have not made progress in a

1:36:021:36:06

year, we would have to revisit this

issue. Those were his words. In

1:36:061:36:10

fact, in answer to a question to the

promised on this very subject, she

1:36:101:36:14

admitted little progress had been

made. A year on, the EU proposal,

1:36:141:36:20

which is flawed, has stalled, and

the time I think has now come for

1:36:201:36:23

the Government to have the courage

of its convictions to introduce

1:36:231:36:27

public reporting requirements and

then seek to build a coalition of

1:36:271:36:32

the willing. Transparency is the one

sure way to rebuild trust. I hope

1:36:321:36:38

the Minister will consider this. I

hope he will meet with a cross-party

1:36:381:36:41

delegation to discuss this further.

I look forward to the honourable

1:36:411:36:46

gentleman's debating Westminster

Hall next week. But be assured, when

1:36:461:36:48

it comes to the next Finance Bill,

cross-party support in this House

1:36:481:36:52

will be seeking to amend that Bill

to set a deadline for when the power

1:36:521:36:56

to bring in public

country-by-country reporting will

1:36:561:36:59

become a reality.

I will speak

briefly, but I wanted to go slightly

1:36:591:37:08

early in the debate when I had the

pleasure to intervene on the shadow

1:37:081:37:14

spokesman, and he allowed me a

second intervention, I think it is

1:37:141:37:21

called a BOGOF, Mr Speaker.

There is

no obligation on the honourable

1:37:211:37:29

gentleman to speak, he can if he

wants to but I'm sure we would

1:37:291:37:33

manage.

LAUGHTER

1:37:331:37:35

The problem I was tried to get out

was the substance in the difference

1:37:351:37:40

in the tax gap. The tax gap is now

6%, it was 8% under Labour, and the

1:37:401:37:46

difference is £11.8 billion, and I

think that is incredibly important,

1:37:461:37:50

because when you have something like

the Paradise papers, and the

1:37:501:37:54

newspapers dominated by all the

coverage, it is the impression that

1:37:541:37:56

that gives to the public out there,

that is one where multinational

1:37:561:38:00

companies are running the rule over

us, getting away without paying

1:38:001:38:05

their fair share of tax, and in fact

we are failing to deal with that,

1:38:051:38:09

whereas in fact all the statistics

show significant improvement under

1:38:091:38:13

this government in closing the tax

gap, bringing forward measures to

1:38:131:38:17

deal with avoidance and evasion that

should be added. On one of the

1:38:171:38:21

aborted areas was mentioned by my

honourable member for Amber Valley,

1:38:211:38:24

and that is property. My experience

of the great grievances felt by

1:38:241:38:33

first-time buyers is about the sheer

quantity of money that has come

1:38:331:38:36

particularly into the London

property market, driving up prices

1:38:361:38:40

and making property less accessible

to local people who want to get onto

1:38:401:38:45

the ladder.

1:38:451:38:49

Two important measures to deal with

that, but until April 2015, if you

1:38:491:38:54

were a foreign national, you did not

pay capital gains tax when you sold

1:38:541:38:58

a property in the UK, but they

closed that loophole in April 2015,

1:38:581:39:03

and in 2016 we changed... I'm happy

to give way.

Isn't one of the

1:39:031:39:09

greatest problems regarding the

housing crisis, inequality in the

1:39:091:39:15

UK, the hundred richest individuals

have this own wealth as 19 million.

1:39:151:39:27

Well, without going global on the

answer, I'm talking about the

1:39:271:39:30

position in the UK property market,

it is true that a sense of

1:39:301:39:36

unfairness pertains because prices

have risen sharply and beyond the

1:39:361:39:39

means of those on modest incomes and

also relatively high incomes, young

1:39:391:39:46

professionals can be on £100,000 and

still cannot get on the ladder. That

1:39:461:39:51

isn't just about London, my

constituency in Suffolk, the

1:39:511:39:56

counties around London, the ripple

of high prices in expensive areas

1:39:561:40:00

comes many miles out, many people

move to buy constituency because of

1:40:001:40:07

the sheer cost in London. -- my

constituency.

He is talking about

1:40:071:40:12

property prices and he mentioned the

government's decision to close the

1:40:121:40:15

loophole whereby it foreign owners

of residential properties were

1:40:151:40:19

avoiding capital gains tax. Does he

regret not joining with us to close

1:40:191:40:27

the loophole where commercial

properties were not treated so

1:40:271:40:28

because that is having the same

impact on the cupboard -- property

1:40:281:40:34

market?

The commercial side has been

weaker, since the Brexit vote, it

1:40:341:40:40

must be said. The main issue in

terms of fairness from taxpayers

1:40:401:40:45

perspective is residential property

and by making property in relation

1:40:451:40:50

to change it is not just about tax

avoidance, some have been the

1:40:501:40:54

highest stand duty we now levy. --

stamp duty. This has had an impact

1:40:541:41:02

to support first-time buyers.

Does

he agree with the Institute for

1:41:021:41:09

Fiscal Studies that it is likely to

raise £0?

I wasn't aware of that.

1:41:091:41:15

The broad point and my friend made

this point, we should be looking to

1:41:151:41:22

have cross-party agreement because

we could agree on the simple point

1:41:221:41:27

that taxpayers want to see a system

where all companies especially the

1:41:271:41:30

biggest are paying their fair share

of tax, and what simply concerns me

1:41:301:41:35

about stories like the Paradise

Papers, there is hyperbole

1:41:351:41:42

associated with it, and it gives the

impression that the system is not

1:41:421:41:45

bringing in as much tax as it should

when that is not the case. Quite

1:41:451:41:50

simply I would like to see a system

where we reward success, we should

1:41:501:41:53

never discourage enterprise but we

need businesses to generate the

1:41:531:41:59

wealth to fund public services, but

I think this government is getting

1:41:591:42:01

the balance right. We should not get

the impression from this debate that

1:42:011:42:08

the government is failing to get a

grip on this issue.

Vince Cable.

Can

1:42:081:42:13

I add my congratulations to the

member for introducing this debate

1:42:131:42:19

and I agree with much of what she

has said. It is useful to go over

1:42:191:42:24

the chronology with which tax

avoidance measures have evolved, and

1:42:241:42:28

if we go back to 2010, the main

source of industrial scale tax

1:42:281:42:34

avoidance wasn't in the British

Virgin Islands or became an island,

1:42:341:42:37

it was a few miles down the road in

the City of London -- or the Cayman

1:42:371:42:42

Islands. At the big banks, tax

avoidance was taking place, there

1:42:421:42:49

was a man called Jenkins who was

paid £40 million in one year at

1:42:491:42:52

Barclays for his contribution to

avoiding tax that should have gone

1:42:521:42:56

to the Treasury. The agreement that

the government then had with the

1:42:561:43:00

banks was so loose that they

perpetuated it indefinitely until

1:43:001:43:05

there was a change of government and

we pressed the charts are very hard

1:43:051:43:10

and this was made illegal -- pressed

the Chancellor. As far as unaware

1:43:101:43:17

that activity has largely stopped,

the next big step was the

1:43:171:43:19

introduction of the general

avoidance principle, important in

1:43:191:43:26

clarifying this murky area, edit is

now clear that if individuals and

1:43:261:43:31

their advisers engage in activity

which is specifically designed to

1:43:311:43:36

circumvent the intentions of

Parliament, they can be pursued and

1:43:361:43:40

many have constituents at the moment

who are being construed by HMRC

1:43:401:43:45

quite rightly and indeed in

substantial arrears. I would have

1:43:451:43:50

won the good things that comes out

of the Paradise Papers is that HMRC

1:43:501:43:55

have a substantial list of names

which they can now investigate as to

1:43:551:43:58

whether they have subscribed to the

law as it is now redefined, and as I

1:43:581:44:05

understand it after the Panama

Papers they pursued 65 individuals

1:44:051:44:09

for £100 million a year, that is a

positive step. The third step in the

1:44:091:44:18

evolution was the introduction of

the open register of beneficial

1:44:181:44:23

ownership, various people have

referred to it, and I know a little

1:44:231:44:25

bit about it since I was the

Secretary of State who brought it

1:44:251:44:28

here and took it through Parliament

together with the abolition of

1:44:281:44:34

bearer bonds, and it is fair to say

David Cameron was very supportive of

1:44:341:44:39

that at the time, but he was less

impressive when it came to standing

1:44:391:44:44

up to lobbying from the Crown

dependencies and the overseas

1:44:441:44:46

territories.

I'm grateful for you

giving way for the widget not agree

1:44:461:44:55

with me that it seems that after the

flourish of the anti-corruption

1:44:551:44:59

Summit in May 2016, how long ago it

feels, much was promised and none of

1:44:591:45:05

this seems to have been delivered,

and the anti-corruption champion

1:45:051:45:08

Eric Pickles sedan and it seems the

government has forgotten that the

1:45:081:45:13

post exists at all -- stood down.

The strategy we were promised for

1:45:131:45:20

2016, we are now being told 2018.

I

was in a political Axar that time

1:45:201:45:26

and I can't testify one way or the

other, but we did introduce strong

1:45:261:45:31

anti-corruption measures when I was

in government -- political exiles.

1:45:311:45:35

The argument that the overseas

territories and Crown dependencies

1:45:351:45:40

advanced was that they had to keep

this secret because of probity

1:45:401:45:45

concerns but precisely those privacy

concerns applied to the UK, and

1:45:451:45:49

where there was a genuine concern

about privacy, as for example people

1:45:491:45:53

who would be worried about being

pursued, say, animal rights

1:45:531:45:58

terrorists were involved, their

privacy was protected, it was a very

1:45:581:46:01

transparent and weak defence. Many

of the overseas territories do is

1:46:011:46:07

perfectly reasonable, there is a

reason why people should be paying

1:46:071:46:09

double taxation -- there is no

reason. But serious anti-avoidance

1:46:091:46:16

activities should be pursued and I

hope the government will be more

1:46:161:46:20

aggressive in pursuing this issue of

the open register, and the way they

1:46:201:46:23

can do that is to give a deadline to

the overseas territories for the

1:46:231:46:28

introduction of an open register, if

they do not comply, there a series

1:46:281:46:32

of sanctions that could be

introduced, initially stopping cars

1:46:321:46:40

-- stopping companies from bidding

for public contracts. And if they

1:46:401:46:49

avoid taxation in the way that

seriously damages the UK, that's the

1:46:491:46:55

kind of measure that should be

introduced. Much of the discussion

1:46:551:46:58

we have had, and I know the member

said this in her interaction, it is

1:46:581:47:06

not about individuals, this is about

companies, because the scale of

1:47:061:47:08

avoidance is on a much greater level

and we are all familiar with the way

1:47:081:47:14

in which some of the big internet

platforms avoid... I have got

1:47:141:47:20

limited time for them ... Avoid

large sums of taxation by the way

1:47:201:47:30

they can for intellectual property

liabilities, and the government

1:47:301:47:35

response has been very weak. It is

significant, in the light of the

1:47:351:47:42

Brexit debate, the one institution

that is going after those companies

1:47:421:47:45

is the European Commission. Their

actions in the competition

1:47:451:47:51

commission, is both highly competent

and Heidi -- highly effective, we

1:47:511:47:58

worry that all of that energy will

disappear if we have Brexit. I have

1:47:581:48:04

a question about what the government

could do to deal with corporate tax

1:48:041:48:07

avoidance, a simple regulation that

requires large companies registered

1:48:071:48:11

here to declare first of all their

total UK revenues and then their

1:48:111:48:18

total UK expenses, it will then be

immediately apparent whether there

1:48:181:48:22

is a tax liability that is not being

met. And a simple levy in tax

1:48:221:48:30

payment will bring some of those

companies to book and in a

1:48:301:48:35

reasonable way. And I think the bees

and why there is so much indignation

1:48:351:48:41

about this question -- the reason

why. It is not just because taxes

1:48:411:48:46

being avoided, but because many of

my constituents and all of our

1:48:461:48:51

constituents are being aggressively

pursued for tax avoidance at a much

1:48:511:48:53

petty level, and there's a big

crackdown taking place what are

1:48:531:49:00

called IR 35 companies are

contractors for the health service,

1:49:001:49:04

often software specialist, and there

is a certain amount of tax avoidance

1:49:041:49:07

of national insurance, but they are

being pursued in a highly aggressive

1:49:071:49:12

way that the government does not use

in pursuing much bigger fish. We are

1:49:121:49:17

being told that in the budget the

VAT tax threshold could be

1:49:171:49:22

considerably lower it in order to

stop tax avoidance, but effectively

1:49:221:49:27

drawing very large numbers of small

companies into the tax net and it is

1:49:271:49:31

the pettiness of these measures

contrasted with large scale

1:49:311:49:35

avoidance which attracts so much

anger amongst the public.

I'm afraid

1:49:351:49:42

there's a three-minute limit with

immediate effect. Craig McKinley.

1:49:421:49:48

This has an international dimension

to it, we have done more than any

1:49:481:49:52

government before on this. Creating

CGT for foreign ownership sales and

1:49:521:49:58

ending non-Dom status, and we have

opened up share beneficial ownership

1:49:581:50:04

information through the profit

shifting initiative, and we have

1:50:041:50:10

introduced the diverted profits tax

which when there is an insufficient

1:50:101:50:13

economic substance to a transaction

especially in intellectual property

1:50:131:50:19

that is held abroad, and undue

payments are paid to those foreign

1:50:191:50:24

jurisdictions, that can be stopped

and taxed accordingly, we have

1:50:241:50:27

stopped the shifting of debt

interest to the UK to stop

1:50:271:50:31

artificial deductions in the UK.

There's one tax I'm rather proud of,

1:50:311:50:37

for the lower paid in this country.

-- tax haven. We have created a low

1:50:371:50:43

tax environment for those who are

lower paid and when we look at what

1:50:431:50:46

Labour did between 1997 and 2010,

rather paltry increase in the

1:50:461:50:50

personal allowance from just 4045

two 6475 over 13 years, we have now

1:50:501:50:59

increased that in our seven years in

government to £11,500 and that's a

1:50:591:51:04

serious tax cut for every low paid

person. We are doing something very

1:51:041:51:09

similar with companies as well, and

that is the key to this, I would

1:51:091:51:14

like to encourage more companies

back to the UK so they can pay their

1:51:141:51:17

fair share of tax, and that is being

shown to be done with £35 billion,

1:51:171:51:24

the corporation tax taken in 2010,

now up to £53 billion, and the

1:51:241:51:29

wealthy in the UK are playing the

top 1%, 28% of all income tax higher

1:51:291:51:35

than at any other time. But we

mustn't lose a lack of understanding

1:51:351:51:41

of what foreign jurisdictions and

so-called tax havens are there for,

1:51:411:51:47

they are essential in the mix of

international trade. It is not

1:51:471:51:52

uncommon for a French investing

company to choose the Cayman Islands

1:51:521:51:56

or British Virgin Islands to be the

place of contract for a deal to

1:51:561:52:00

invest in say the Democratic

Republic of Congo, and although I

1:52:001:52:04

have great respect for the legal

system of the Democratic Republic of

1:52:041:52:09

Congo, the legal system and common

law of the UK is what creates legal

1:52:091:52:14

certainty, and it is not all about

saving tax, avoiding tax, it is try

1:52:141:52:19

to transaction -- transact in the

right place, so let's continue the

1:52:191:52:27

promotion of data-sharing with Al

international partners, let's make

1:52:271:52:30

sure that global profits are taxed

in the right places, and let us use

1:52:301:52:37

our influence on overseas

territories and I say we are doing

1:52:371:52:43

this more than the previous party of

government for 13 years.

Stella

1:52:431:52:46

Crecy.

1:52:461:52:48

Thank you, Mr Speaker. I

congratulate the member of Barking

1:52:481:52:56

for bringing this important debate

and all the journalists involved in

1:52:561:53:00

this investigation. I hope in my

short contribution I might elicit

1:53:001:53:04

from the Minister a modicum of

regret for some of his recent

1:53:041:53:06

actions because what we need to talk

about today's tax avoidance, and I

1:53:061:53:10

want to take on the Challenge put

forward by the Member for Morkel.

1:53:101:53:14

What precisely is the issue with

these offshore companies, and more

1:53:141:53:19

specifically why would anybody hold

UK property at UK entities overseas?

1:53:191:53:23

Because when you

1:53:231:53:33

look at that, I believe these papers

produced two very clear issues for

1:53:351:53:38

us, first and foremost the case for

transparency, and PFI companies and

1:53:381:53:40

why that is a problem, and second

the case for addressing the

1:53:401:53:42

loopholes that this has brought

forward for us. I have only got two

1:53:421:53:45

minutes left. There are nine

offshore infrastructure companies

1:53:451:53:48

who own between 50 and 100% of the

equity in 335 equity and PFI

1:53:481:53:56

project, 12 companies have occurred

in 74% of all the current project.

1:53:561:53:59

We do not know at this point in time

what tax is being held overseas as a

1:53:591:54:05

result of it, tax that was part of

the PFI value for money assessment.

1:54:051:54:09

These papers reveal quite how that

happens. Secondly, an avoidance and

1:54:091:54:14

capital gains tax, these papers

reveal that Blackstone which avoided

1:54:141:54:19

stamp duty and capital gains tax to

a value of around £66 billion. These

1:54:191:54:25

are all choices, because at the end

of the day we know that the lawyers

1:54:251:54:29

involved like water moving towards

the sea, they will follow the

1:54:291:54:32

easiest route. The problem here is

politicians, not lawyers.

Does my

1:54:321:54:39

honourable friend support

country-by-country reporting?

1:54:391:54:43

Absolutely, and I concur with all

those who brought that. But I also

1:54:431:54:46

believe we can take action in this

House, a new cause -- specifically,

1:54:461:54:57

a new clause for the Finance Bill. I

will take no lectures about how

1:54:571:55:01

wonderfully this government is doing

an tax avoidance when just two weeks

1:55:011:55:04

ago they voted down a measure that

would have brought in £6 billion a

1:55:041:55:08

year to Alex Cejka and given British

business is a level playing field.

1:55:081:55:15

-- to the Exchequer. We are not

getting this tax money because these

1:55:151:55:24

companies are registered overseas.

And neither will I take lectures

1:55:241:55:26

from the Minister about loans given

that he passed in this Finance Bill

1:55:261:55:30

a measure to reduce the share relief

that PFI companies can claim on

1:55:301:55:34

their loans, so the very companies

that own millions of pounds worth of

1:55:341:55:38

our public sector that are able to

trade off the interest that they pay

1:55:381:55:42

on those loans in overseas

companies, he has just passed an

1:55:421:55:45

amendment to make sure they don't

have to pay any tax on that. And

1:55:451:55:51

they can hold these companies

overseas so that we don't even see

1:55:511:55:53

what happens. So I want to propose

some simple ways. We need a public

1:55:531:55:58

register. But we also need a

moratorium on all public investment

1:55:581:56:04

in these companies until we know

precisely what tax we are missing,

1:56:041:56:07

until we can be confident that these

offshore companies are not milking

1:56:071:56:11

the British taxpayer twice in not

paying their taxes and getting us to

1:56:111:56:16

pay for them through PFI investment.

We must also close the loophole of

1:56:161:56:20

capital gains tax on commercial

properties as a matter of urgency.

1:56:201:56:24

Everybody who is facing cuts in

their public services cannot allow

1:56:241:56:27

that to continue for a second

longer. And we need to rethink their

1:56:271:56:31

decision to give the PFI companies

tax relief that this Government has

1:56:311:56:34

just given them. I hope the Minister

regret his actions, because frankly

1:56:341:56:38

this is not about the Paradise

Papers, it is about parasites

1:56:381:56:49

bleeding the system.

I am grateful

to you for allowing this debate and

1:56:491:56:52

to all members who have

participated, particularly those who

1:56:521:56:56

looked beyond the narrow political

party interest and more at the

1:56:561:57:00

public interest. We can't allow the

serious issues raised by the

1:57:001:57:04

Paradise Papers today to simply

become the fish and chips wrappers

1:57:041:57:09

for people tomorrow. It is our

responsibility as lawmakers to do

1:57:091:57:14

all that we can in the UK and with

our international partners to stamp

1:57:141:57:17

out an injustice that is both unfair

and offensive. The Government can

1:57:171:57:23

take action that will make a

difference, and it needs strong

1:57:231:57:30

political will to make that happen.

I urge the Government in the budget

1:57:301:57:34

next week to act.

THE SPEAKER:

The question is as on

1:57:341:57:41

the order paper, as many as agreeing

say aye, to the contrary, no. The

1:57:411:57:48

ayes have it, the ayes have it.

Have

you heard, Mr Speaker, from the

1:57:481:57:54

Foreign Office on an intention to

speak in this House on the ongoing

1:57:541:58:01

coup in Zimbabwe?

The short answer

is that I have received no

1:58:011:58:06

indication from any Minister from

the Foreign Office or any other

1:58:061:58:09

department of an intention to make a

statement on that matter, however

1:58:091:58:12

what the honourable gentleman has

said will have been of great

1:58:121:58:17

interest to members in all parts of

the House, and importantly, his

1:58:171:58:22

remarks will have been heard on the

Treasury bench. Knowing the

1:58:221:58:26

honourable gentleman as I do, his

interest in this subject and his

1:58:261:58:30

experience, I've got a feeling we

are going to hear more about this

1:58:301:58:33

matter before very long. Meanwhile,

he has put his point very firmly on

1:58:331:58:39

the record. If there are no further

points of order, we proceed to the

1:58:391:58:46

main business, the clerk will now

proceed to read the orders of the

1:58:461:58:49

day.

European Union withdrawal bill

committee.

Order.

1:58:491:58:58

Order.

European Union withdrawal

Bill. May I first of all draw the

1:59:221:59:31

attention of the House to a mistake

on page one of the notice paper. The

1:59:311:59:36

name of John Grogan should not have

appeared as a supporter of new

1:59:361:59:42

clause 40 nine. We will begin with

new clause 49, with which it will be

1:59:421:59:48

convenient to take amendment 79, and

clause 1 together with other

1:59:481:59:56

amendments which will come on later

date in committee as listed on the

1:59:561:59:59

selection paper. I now call Mr Frank

Field.

I rise to move the amendments

1:59:592:00:07

in my name and all those other names

that still remain on the order paper

2:00:072:00:14

from what we have actually just

heard, and although of course I'm

2:00:142:00:18

limited to moving clause 49, this

clause 49 is linked to clause 50 and

2:00:182:00:27

51 and 52, and the reasons for that

I might develop in a moment if I

2:00:272:00:31

may. But I wish to begin by

declaring my sentiments in moving

2:00:312:00:35

this clause and the clauses which

are publicly attached to it. The

2:00:352:00:43

first is that I am a reluctant

Brexiteer. I am too old to feel that

2:00:432:00:51

I was born to bring us out of

Europe, but I've not had one of this

2:00:512:00:56

evangelical revivals that somehow

life began again once we entered

2:00:562:00:59

into the Common Market, and my aim

and purpose and being and everything

2:00:592:01:05

I breathe was to get us sight of

that organisation. That is not so.

2:01:052:01:11

In my own constituency and the small

amount of work I did nationally, I

2:01:112:01:16

stressed it was on a balance that we

actually had to make a decision

2:01:162:01:21

about Europe, and that we didn't

need more facts about Europe, we

2:01:212:01:25

needed to draw on our very nature

is, all that we had been taught, in

2:01:252:01:32

our culture, in our very being, and

where we feel we stand in this

2:01:322:01:37

country to make that decision on

whether we wish to leave or not. And

2:01:372:01:42

I

2:01:422:01:52

also

in this amendment, we are

debating an exit date of March 2019,

2:01:522:01:58

and yet grouped with it there are

Government amendments to be debated

2:01:582:02:01

at a later date which put the exit

date at 11pm on March 29 2019. There

2:02:012:02:08

is a difference of one hour, as does

far as I'm aware, the clocks only go

2:02:082:02:13

forward on Sunday the 31st of March.

So could you give some guidance to

2:02:132:02:18

the movers of these amendments so

that the arch Brexiteers on both

2:02:182:02:22

sides get their clocks and house in

order?

Lets not worry about time too

2:02:222:02:27

much, because we are using it up at

the moment, but it is a matter for

2:02:272:02:32

the debate to decide, not for me to

decide, and when we get there, we

2:02:322:02:36

will know better, so let's not take

more time.

It is a good

2:02:362:02:41

intervention, because my amendment

decides on British time when to

2:02:412:02:47

lead, and their amendment is at the

beckoning of Europeans, so we have a

2:02:472:02:52

clear choice, and I would willingly

take those interruptions that are

2:02:522:02:55

trying to trip me up in making this

short contribution. So the first

2:02:552:03:02

thing is, I fought as much as I

could the referendum campaign being

2:03:022:03:06

a reluctant Brexiteer. It was on

balance that I thought our country's

2:03:062:03:13

future and increasingly our future

would thrive outside rather than

2:03:132:03:16

inside. I boys wanted to make a

deal, although I thought it

2:03:162:03:24

immensely sensible in any

negotiations that you have to make

2:03:242:03:26

sure the other side knows that you

may be banking and planning for no

2:03:262:03:31

deal. And the third factor that I

will touch again in a moment when we

2:03:312:03:38

think what the House of Lords might

do to a bill of this size, it has

2:03:382:03:45

been very difficult for most of us

to come to terms with what our role

2:03:452:03:51

has been as MPs in a representative

democracy, and how we come to terms,

2:03:512:03:58

and digester fact that a referendum

has taken place, and the British

2:03:582:04:03

people have spoken. How do we we act

in those circumstances which I

2:04:032:04:10

believe are unique and in no way

comparable with any other

2:04:102:04:13

Parliamentary procedure that we

consider in this House. As I said at

2:04:132:04:20

the very beginning and before I was

helpfully interrupted, this clause

2:04:202:04:27

stands with three other new clauses.

Together, they present the

2:04:272:04:32

Government with a clean, small,

slimline Brexit bill. Which by the

2:04:322:04:38

time we get to the end of this

process, this life raft, they will

2:04:382:04:45

thank the Lord that it is actually

in the Bill, and it is one that they

2:04:452:04:48

will be able to get on. Today in the

amendment, we decide on the date by

2:04:482:04:55

British time, not European time,

when we actually leave. That is our

2:04:552:04:59

choice. It is about the freedom, a

little freedom, the beginnings of

2:04:592:05:05

freedom, but we hope will flow, with

difficulties of course, by actually

2:05:052:05:09

setting us on the course of leaving

the European union. The second thing

2:05:092:05:16

is a simple clause that ensures that

all the laws and regulations come

2:05:162:05:24

onto our statute point, at that

point of time, British time, not

2:05:242:05:30

European time. And can I just

finished, and then I will willingly

2:05:302:05:33

give way. The third clause is how

Parliament reviews those laws. Once

2:05:332:05:40

we wish to keep fully, those we wish

to amend, those we wish to thereby

2:05:402:05:46

add to, those we wish to kick out.

But the clause says this House will

2:05:462:05:53

decide how that process is done, and

I'm sure before we have actually

2:05:532:05:56

finished our debate on this bill,

this committee stage, the Government

2:05:562:06:01

will be agreeing with me on that.

Because the Henry VIII staff is an

2:06:012:06:09

absurd way of going about the

business. Although as we get down to

2:06:092:06:12

the mega task of reviewing, we may

beg the Government for a touch of

2:06:122:06:18

Henry VIII to get through the size

of the task which will be before us.

2:06:182:06:22

Last point is given that we have

real difficulties of completing a

2:06:222:06:30

negotiation, I've got views on that

with this clause. I said I will give

2:06:302:06:34

way to the honourable lady as soon

as I have finished explaining this

2:06:342:06:38

and the three clauses attached to

it. We need a safe haven. Talking of

2:06:382:06:43

a safe haven...

I thank my right

honourable friend forgiving way.

2:06:432:06:50

Would he not concede however that an

arbitrary date for Brexit could risk

2:06:502:06:56

damaging the British economy is

clear evidence emerges as it already

2:06:562:07:01

is that harrying Brexit may indeed

badly damage our manufacturing

2:07:012:07:05

sector, our cultural agricultural

sector and our financial services

2:07:052:07:12

sector.

I am supported by people

largely whose constituents agree

2:07:122:07:18

with me and not their views. And how

they deal with that is not my

2:07:182:07:24

problem. I agree it is a difficult

problem, which doesn't mean to say

2:07:242:07:28

that one should have any particular

solution to it. But Labour voters,

2:07:282:07:34

the larger the majority, generally

speaking, the more clear they spoke

2:07:342:07:39

about Brexit. Absolutely...

SHOUTING

2:07:392:07:51

I will be dealing with her pointed a

moment. It comes down to, who do we

2:07:512:07:56

think we are dealing with? Are we

playing a game of cricket, or have

2:07:562:08:01

we got people who are... I am just

saying that. I'm saying that. Some

2:08:012:08:07

people suggest, I am saying that we

will be fighting for our lives, and

2:08:072:08:12

why we want this clause, if I ever

get on to fully explaining it, I

2:08:122:08:17

will actually say so. Mal Brobbel

friend wanted to intervene.

2:08:172:08:24

I was confused by the idea that all

Labour supporters are supporting his

2:08:242:08:30

decision, but the majority didn't.

Would he correct the record?

I

2:08:302:08:37

happily add to the record because it

makes some people's circumstances

2:08:372:08:42

more difficult, I said generally

speaking the larger the Labour

2:08:422:08:47

majority in a general election, the

bigger the turnout. The last

2:08:472:08:53

election and the one before that and

the one before that... The more

2:08:532:08:57

likely they were to vote leaving.

Before I give way...

Order, order.

2:08:572:09:15

We don't need everybody stood up at

the same time, I'm sure if the

2:09:152:09:21

gentleman is going to give way he

will say so, but please don't keep

2:09:212:09:26

standing up at the same time.

Before

I give way, and before I...

Mr

2:09:262:09:38

Farrelly has already had a good

start to the day, let's not continue

2:09:382:09:42

in the same way.

As I would say, in

qualifying that general statement,

2:09:422:09:47

the area I love to represent, not my

own constituency but others, who

2:09:472:09:52

actually voted to Remain, they were

against the trend in the country of

2:09:522:10:00

Labour support and the referendum. I

will give way.

I'm grateful to my

2:10:002:10:08

colleague. He is making a case I

don't agree with, but with his

2:10:082:10:14

normal reasonable approach. I think

he needs to focus on the fact...

2:10:142:10:21

He's probably right, at the moment,

most people haven't changed their

2:10:212:10:24

mind and the reasons they voted to

leave the main as far as they are

2:10:242:10:31

concerned and resolve may think it

will be resolved by leaving. The

2:10:312:10:35

question I would ask, though,

supposing it emerges within the next

2:10:352:10:42

year that all of the reasons why

they voted the way they did not

2:10:422:10:45

going to be realised and on top of

that, the economic consequences will

2:10:452:10:51

be disastrous, what then?

I only

have four short sheets of paper.

2:10:512:11:01

It's taken all this time. I do have

an answer for that. Any

2:11:012:11:09

politician... Indeed, it seems to me

the Labour side that needs educating

2:11:092:11:16

as I would say to wear Labour voters

are. And if my very honourable

2:11:162:11:25

friend can contain himself, I hope I

have a... I will take account of

2:11:252:11:31

that, but I would emphasise, is

wisdom in saying we don't know where

2:11:312:11:35

these negotiations will end up, they

are fraught, especially if you have

2:11:352:11:40

a group of people that don't really

want you to succeed because they

2:11:402:11:45

fear what would happen in their own

countries if you actually did

2:11:452:11:48

succeed, and that is part of the

negotiations that we will actually

2:11:482:11:52

have.

I'm grateful to my right

honourable friend, did you receive a

2:11:522:12:03

pamphlet from the government during

the referendum, paid for by the

2:12:032:12:08

taxpayers, which on the backside,

that the government would carry out

2:12:082:12:16

the wishes of the people by the

referendum? And doesn't he believe a

2:12:162:12:22

fixed date actually delivers what

the people voted for?

I have to

2:12:222:12:29

confess, in receiving the pamphlet

but throwing it away in the bin

2:12:292:12:34

immediately. I never believed the

sort of campaign we fought with

2:12:342:12:42

false truths on both sides enhanced

the standing of us as a political

2:12:422:12:48

class or addressed the very serious

issues of which people had to sum up

2:12:482:12:54

everything they knew about, their

own identity and their community,

2:12:542:13:00

the country's identity and the

position they want to see in the

2:13:002:13:03

world, but which we all know people

take different views on. The idea

2:13:032:13:08

that a government pamphlet was going

to help, dear God. But I will give

2:13:082:13:14

way to my honourable friend.

He did

qualify his earlier statement, but

2:13:142:13:25

would he accept that at the last

general election over 85% of

2:13:252:13:29

Liverpool Riverside constituents

voted for the Labour Party candidate

2:13:292:13:36

and 73% of Liverpool Riverside voted

to Remain, so those people have

2:13:362:13:43

great wisdom, does he accept?

If it

did -- if I did, it would mean the

2:13:432:13:53

voters of Birkenhead did not have

wisdom, so I will not put my head in

2:13:532:13:58

that direction, no, I have given way

once. We have a serious debate. I

2:13:582:14:05

will if I can make progress

willingly ring people in if we go

2:14:052:14:08

along. -- bring people. I wish to

express disappointment with the

2:14:082:14:15

government and how they are handling

the strategy. I don't believe there

2:14:152:14:20

is a sense of importance and drive

or coherence that this issue merits.

2:14:202:14:27

I've argued

2:14:272:14:34

privately that anyone serious about

comparing this historic event with

2:14:342:14:36

fighting for survival in World War

II would have followed the move that

2:14:362:14:41

Churchill made once he took over

from Chamberlain, he would have

2:14:412:14:47

moved from the ramshackle way of

existing institutions and he

2:14:472:14:56

established a war cabinet, and I

believe that... I think we need a

2:14:562:15:08

Brexit Cabinet, small with an offer

to the opposition to be on it, as in

2:15:082:15:15

wartime, which Clement Attlee

accepted, that we actually try to

2:15:152:15:18

have a national interest... You may

laugh. Well, I mean...

You want a

2:15:182:15:30

job.

Clearly this is proving

shocking to this side, but this will

2:15:302:15:38

also be a test of whether we are

intent of the best possible terms

2:15:382:15:44

and whether we have a clear position

or not and whether we are putting

2:15:442:15:47

our country first. I will give way.

I thank my friend and neighbour

2:15:472:15:56

forgiving way. Can I ask him if he

agrees that the reason why we ought

2:15:562:16:01

to have such cross-party

co-operation is because this issue

2:16:012:16:05

is not a joke, this is about the

future of our country, and that is

2:16:052:16:09

why we should listen to everyone in

this Hazard, and not just the narrow

2:16:092:16:13

interests of the Tory party -- in

this House.

My honourable friend,

2:16:132:16:21

she ended her sentence rather early,

that we should try and be able to

2:16:212:16:30

put aside differences and

concentrate on the national issue

2:16:302:16:39

for now. I'm not going to give way

until much later now, much much

2:16:392:16:45

later. I did give way to you. Try

another point of order and see

2:16:452:16:53

whether it works. The first is a

real disappointment, as we have

2:16:532:17:03

seized the aerial bombardment over

this Bill -- ceased. And we are now

2:17:032:17:12

down to hand-to-hand fighting over

the nature of our leaving, but the

2:17:122:17:18

sentiments of my honourable friend,

my neighbour, about us trying to

2:17:182:17:24

steer this debate in the national

interest is crucially important. No,

2:17:242:17:30

I'm not giving way. I want other

people to get into the debate. The

2:17:302:17:35

second reason why I feel

disappointment with the government's

2:17:352:17:42

stance is that I feel they misread

the other side with whom we are

2:17:422:17:45

negotiating. A British assumption is

always give and take, but what we

2:17:452:17:52

have now is the Michel Barnier rule

of all take and no give, and I will

2:17:522:17:59

comment on how I think we should

respond to that in a moment. Anybody

2:17:592:18:04

who was serious as all of us have

been about wishing to award equal

2:18:042:18:13

status and citizenship to EU

citizens in this country, no those

2:18:132:18:18

negotiations could have been over in

half an hour, there was never ever

2:18:182:18:22

the intention of the other side

taking that off and saying that is

2:18:222:18:28

very good, there are millions of

people's lives that have been put at

2:18:282:18:33

ease about that fact, Britons living

in the European Union, and European

2:18:332:18:38

citizens living in Britain, and I

think we should very carefully

2:18:382:18:44

consider that from our negotiations

from now on. The dead disappointment

2:18:442:18:50

is the government producing a bill

like this -- the third. I thought

2:18:502:18:54

when we were campaigning to leave we

were thinking of two, three, four

2:18:542:19:00

clause bill, to get us out, and I

know the government has been

2:19:002:19:04

beguiled by their first title, the

grand reform bill, and some are

2:19:042:19:09

clever people thought you can only

be grand if you have something

2:19:092:19:12

large, rather than something that

aims to be effective. But I do not

2:19:122:19:18

believe a bill of this size,

timetabled as it will to deliver it

2:19:182:19:21

to the government, will actually to

and much chance of getting to the

2:19:212:19:26

House of Lords. Hence I underline

the theme, there is a rescue launch,

2:19:262:19:33

waiting in the four clauses I will

be proposing... That are linked to

2:19:332:19:42

this first clause which I have such

pleasure in moving.

Would you accept

2:19:422:19:47

that the House of Lords is of course

on elected and it has actually also

2:19:472:19:54

passed the referendum act itself by

its own decision and it really has

2:19:542:20:00

no justification whatsoever for

attempting to obstruct delay or to

2:20:002:20:07

undermine this Bill.

I very very

very important lesson needs to go to

2:20:072:20:16

some of those in the House of Lords

who think they can wreck this Bill

2:20:162:20:21

and wear us down so that Brexit

never takes place. There is a very

2:20:212:20:27

important convention, the Salisbury

convention, and there is a very

2:20:272:20:32

important difference between a

referendum and a party's manifesto.

2:20:322:20:39

The Salisbury convention allows us

to give and take over the important

2:20:392:20:45

parts of the manifesto. Which

governments rightly feel committed

2:20:452:20:51

to, through which they wish to

pursue in Parliament and stand for

2:20:512:20:55

real action on saying they have done

the job they promised to do, and we

2:20:552:21:00

are in a different ball game. At the

beginning I try to say it is

2:21:002:21:06

difficult for all of us to get to

terms with being the role we have as

2:21:062:21:10

MPs and the role that we have in a

post-referendum debate. Their

2:21:102:21:17

Lordship should know that if they

try to wreck this Bill, then many of

2:21:172:21:24

us will push the nuclear button. I

work side of the house would like to

2:21:242:21:31

see the House of Lords go -- our

side. I'm surprised there wasn't any

2:21:312:21:37

cheering. They will sound their own

deathknell, not one of them is

2:21:372:21:46

elected and none of them have any

standing whatsoever in preventing

2:21:462:21:55

the government in fighting the House

of Commons to implement a referendum

2:21:552:22:00

decision which we are doing today.

I'm very grateful forgiving way and

2:22:002:22:07

I'm following your argument the

close attention. But part of the

2:22:072:22:14

Leave Eichmann was to take back

control for the country and

2:22:142:22:17

Parliament as a whole -- argument.

Is he now try to undermine the

2:22:172:22:23

bilateral system?

Not at all. We

will be going late on these days if

2:22:232:22:28

the honourable gentleman would like

to read my website agency might

2:22:282:22:34

outline views on the House of Lords

reform which are different from

2:22:342:22:39

most. But certainly not by the party

whips are deciding this, but I don't

2:22:392:22:49

go down that path because I wet the

touching on the new clause -- I

2:22:492:22:55

won't be touching Foster my

honourable friend has had one

2:22:552:22:59

intervention by a point of order and

I think that is it for him. This new

2:22:592:23:06

clause... LAUGHTER

Sidelight. This new clause should be

2:23:062:23:12

the start of a new negotiating

position. Michel Barnier has told us

2:23:122:23:20

that we have to put our money on the

table and get serious within two

2:23:202:23:24

weeks. I think we should jump at

this opportunity. I think we should

2:23:242:23:31

say in two weeks, the government

should lay the outline of our

2:23:312:23:35

agreement and I believe they should

say over which decades they are

2:23:352:23:41

prepared to meet our commitments and

I believe they should say at that

2:23:412:23:48

point, at the end of the two weeks,

we cease to play any contributions

2:23:482:23:52

to the European Union.

2:23:522:23:56

I want to see the balance of power

moved swiftly from the boot to our

2:23:562:24:00

boot. And that from that date, two

weeks hence, at the invitation of Mr

2:24:002:24:12

Barnier, we actually say, fine, here

is the outline of the agreement,

2:24:122:24:15

here is the beginning of the money

settlement, paid over period of time

2:24:152:24:19

because there are pension

contributions and so on, but from

2:24:192:24:23

this day until you start seriously

negotiating with us, which they

2:24:232:24:27

haven't, then in fact there is no

more money going. Now, it's wrong to

2:24:272:24:33

think all of the 17 billion a year

will be coming back to us. There is

2:24:332:24:38

already coming back to us the 5

billion that Mrs Thatcher negotiated

2:24:382:24:45

from the unfair formula. Watered

down, by whom I won't say, but there

2:24:452:24:54

is only so much one can say from

these benches. Watered down

2:24:542:25:01

nevertheless, it is 5 billion coming

back, and there is 4 billion coming

2:25:012:25:07

back to promote anti-poverty

programmes in this country. I wish

2:25:072:25:11

to tell The House I applied for

money from these funds boot to feed

2:25:112:25:18

people who are hungry, may be

starving, and what did Mr Barnier

2:25:182:25:23

and his group do? Nothing. So we

have supposedly huge sums of money

2:25:232:25:31

coming back at their direction, what

it should be spent on, but actually

2:25:312:25:34

doesn't feed people who are hungry.

Mr Chairman, Mr Hoyle, I want to end

2:25:342:25:44

now by saying I shall push this

amendment to a division. I do so for

2:25:442:25:50

a number of reasons. One is, it

always seems to me to get an

2:25:502:25:54

advantage when you can rather than

later. A bird in the hand is better

2:25:542:25:59

than two in the bush. And while the

Government is introducing its own

2:25:592:26:04

timetable set by the European

bureaucrats, whoever they are

2:26:042:26:08

instructing, when we might take a

leave of them, I think we should

2:26:082:26:12

actually make a decision today and

leave on our terms and on our time.

2:26:122:26:19

But it is as I say, this is a clause

which ought not to be read in

2:26:192:26:30

isolation, it has all the clauses

which give us an alternative way of

2:26:302:26:35

exiting without all the claptrap the

Government has put in this bill, and

2:26:352:26:38

I believe before the end of the

negotiations, something like this

2:26:382:26:47

four clause bill will be adopted. To

the first and civilised intervention

2:26:472:26:57

I had about timing, maybe it is a

fallacy to accept that one can have

2:26:572:27:04

1's own terms and terms for the

nation, but I have never bought a

2:27:042:27:07

house without having in a contract

the date when it is mine, when I can

2:27:072:27:12

actually get in. I have never

actually apart from being elected to

2:27:122:27:17

the House of Commons, but knowing

that I would actually have an up to

2:27:172:27:25

five year contract, I have never had

a job that doesn't have a starting

2:27:252:27:29

date in it. And therefore... Of

course I will.

I am very grateful to

2:27:292:27:35

my right honourable friend for

giving way. I think his analogy

2:27:352:27:38

about buying a house falls down at

the first hurdle, because nobody

2:27:382:27:42

commits to a date to buy a house

before they know what it is that

2:27:422:27:46

they're buying. Secondly, and the

substantive point is this. Is not

2:27:462:27:53

the fatal weakness of what he

proposes, and I respect the way in

2:27:532:27:57

which he argues his case, as he

always does, this, that the

2:27:572:28:02

Secretary of State said to us when

he came to appear before the select

2:28:022:28:05

committee that it is possible that

negotiations may go to the 59th

2:28:052:28:08

minute of the 11th hour, and that is

undoubtedly possible. In those

2:28:082:28:15

circumstances, does it really make

sense to bind the hands of the

2:28:152:28:19

country and those who are

negotiating on behalf of the country

2:28:192:28:22

to get the best deal we can get,

which is also the weakness of the

2:28:222:28:27

Government's own amendment, does it

make sense to do that?

As my right

2:28:272:28:33

honourable friend was kind to me

about the House analogy, I have

2:28:332:28:41

always bought my houses, never

inherited them.

I bought nine, --

2:28:412:28:56

mine, too.

Mr Chairman, I... I have

been corrected, and I withdraw it,

2:28:562:29:08

of course I do. But the idea that

the biggest decisions in our lives,

2:29:082:29:16

like buying a house, we take the

most time over, is not borne out by

2:29:162:29:20

any research whatsoever. Can I now

conclude... I apologise to you.

2:29:202:29:32

Absolutely.

The right honourable

gentleman has been a political ally

2:29:322:29:39

of mine in previous cross-party

arrangements, but not on this

2:29:392:29:42

occasion. He has dodged answering

the perfectly serious point that his

2:29:422:29:49

right honourable friend just put to

him. As things stand, Article 50

2:29:492:29:54

will take effect in March 2019, and

we will leave. Anything in these

2:29:542:30:02

bills are superfluous to that. The

problem could arise only if, and

2:30:022:30:08

it's possible, 28 member states all

agree that they are near to a

2:30:082:30:13

conclusion, but they actually

require a few more days, a few more

2:30:132:30:17

weeks to settle it. Once we're

going, they won't want to stay in

2:30:172:30:21

very much longer, because they won't

want to surround for the European

2:30:212:30:25

Parliament elections, but actually,

it would be utterly foolish if 28

2:30:252:30:30

governments all agree to extend the

process, and the British

2:30:302:30:34

representative had to say, we've put

into British law a time in which

2:30:342:30:39

says to the second when we are

actually leaving. And that seems to

2:30:392:30:44

me a rather serious flaw.

2:30:442:30:49

For a very right honourable friend

who's such a good lawyer, I wish she

2:30:542:31:01

had Redmayne amendment, because it

has a day rather than a minute of

2:31:012:31:04

when we actually leave. But I want

to answer the point. Despite all the

2:31:042:31:13

encouragement from behind. I was so

anxious to withdraw what I said

2:31:132:31:16

about my honourable friend, I forgot

to raise the substantive point that

2:31:162:31:21

he addressed to me, and I wish to do

that having been reminded by the

2:31:212:31:27

right honourable gentleman. And that

is, if we look over our whole

2:31:272:31:31

history in Europe, the idea that we

finish a negotiations other than at

2:31:312:31:35

the very last minute is almost

unheard of. And this will actually,

2:31:352:31:41

by putting the time in, it will say,

you have to begin your shenanigans a

2:31:412:31:48

month before that rather than the

month after it. So, Mr Hoyle, I'm

2:31:482:31:55

grateful to be able to move this

amendment, to remind people it's

2:31:552:32:01

part of a short exit bill, which I

think the Government... Very good,

2:32:012:32:05

yes.

I'm grateful to the gentleman

because I know he's concluding. But

2:32:052:32:11

his whole argument about

inflexibility falls when you look at

2:32:112:32:14

Article 50 itself. It was very

specific for a very simple reason,

2:32:142:32:17

and that is that in that timescale,

it is therefore determined on those

2:32:172:32:22

who are negotiating to reach an

agreement, or agree not to reach an

2:32:222:32:28

agreement. Just changing that

timescale doesn't allow you to reach

2:32:282:32:31

an agreement. They have the time to

do it. And that is the whole point

2:32:312:32:35

about compression, to get an

agreement, that is why the date is

2:32:352:32:38

in Article 50.

Last point. I thought

my amendment was merely implementing

2:32:382:32:48

the section 50 which we all voted

for to tell our constituents, apart

2:32:482:32:55

from one who voted against, voted

against? Oh, voted against!

2:32:552:33:04

Triggering Article 50? Very, very

good. Apart from two or three...

60!

2:33:042:33:13

Any more on four? Five, six, seven,

eight? I thought it was so

2:33:132:33:25

uncontentious, what I was saying, I

thought this would have been five

2:33:252:33:27

minutes. I apologise to the House

for the time that I have taken. All

2:33:272:33:33

this new clause does is to put on

the statute book the actual timing

2:33:332:33:41

of section 50 that we voted for in

overwhelming numbers almost a year

2:33:412:33:50

ago, and I move the clause in my

name, and in those names that still

2:33:502:33:53

remain on the order paper.

State of

exit from the European Union.

The

2:33:532:34:02

question is that new clause 49 B

read a second time. Just before I

2:34:022:34:08

bring in the Minister, just allow

the House to know that the Minister

2:34:082:34:11

isn't feeling well today, and

therefore just for clarification,

2:34:112:34:16

another Minister will be coming in

later, so I now bring Minister Steve

2:34:162:34:23

Baker.

I am extremely grateful for

that, and I hope my voice makes it

2:34:232:34:27

through these remarks. I rise to

move that clause one stand part of

2:34:272:34:32

the Bill, and also to move

Government Amendments 381, 382 and

2:34:322:34:39

383, and it may help the House and

members of the public what I say

2:34:392:34:43

that these are for decision on days

seven and eight. Clause one reads:

2:34:432:34:49

The European Communities Act 1972 is

repealed on exit day. It is a simple

2:34:492:34:54

clause, but it could scarcely be

more significant. In repealing the

2:34:542:35:00

European Communities Act 1972, this

clause is a historic step in

2:35:002:35:05

delivering our exit from the

European Union in accordance with

2:35:052:35:08

last year's referendum. I hope that

all people on all sides of this

2:35:082:35:13

issue can agree that the repeal of

the ECA is a necessary step as we

2:35:132:35:17

leave the European Union. I will.

Would my right honourable friend

2:35:172:35:24

recollect that the official

opposition voted against the second

2:35:242:35:28

reading of this bill, and therefore

also voted against the repeal of the

2:35:282:35:34

1972 act. And yet they are still

claiming that this bill is not fit

2:35:342:35:40

for purpose, and that it usurps

Parliamentary sovereignty, when in

2:35:402:35:43

fact it is exactly the opposite?

I

am very grateful to my round rubble

2:35:432:35:49

friend, and I look forward to

whether members opposite support the

2:35:492:35:53

clause. If we were not to repeal the

European Communities Act, we would

2:35:532:36:01

still exit the European Union from

the perspective of EU law, and there

2:36:012:36:04

would be confusion, but there would

be confusion and uncertainty about

2:36:042:36:09

the law on our own statute book. For

example, it would be an clear

2:36:092:36:13

whether UK or EU Law took

precedence, and if there was a

2:36:132:36:16

conflict between that. The status of

new EU law would also be unclear

2:36:162:36:21

once the UK has left the EU. I

intend to first set out briefly for

2:36:212:36:26

the House the effect of the act on

our legal system. The UK is a

2:36:262:36:33

dualist state, meaning that a treaty

even when ratified does not alter

2:36:332:36:37

our laws unless it is incorporated

into domestic law by legislation.

2:36:372:36:42

This means Parliaments must pass

legislation before the rights and

2:36:422:36:46

obligations in a treaty have

affected our law. The European

2:36:462:36:51

Communities Act gave EU law

supremacy over UK law. Without it,

2:36:512:36:55

EU law would not apply in the UK.

The 1972 act has two main

2:36:552:37:02

provisions. Section 2.1 ensures

rights and obligations in the EU

2:37:022:37:07

treaties are directly applicable in

the UK legal system. They apply

2:37:072:37:11

directly without the need for

Parliament to pass specific domestic

2:37:112:37:15

implement in legislation, and this

bears repeating in the context of

2:37:152:37:19

the clause is to follow. The EU

regulations and certain EU treaty

2:37:192:37:26

provisions have effect in the UK

without further Parliamentary

2:37:262:37:32

intervention hangs to the European

Communities Act. Section 2.2

2:37:322:37:36

provides a dedicated power for the

implementation of EU obligations

2:37:362:37:39

such as those in directives. Over

12,000 EU regulations flow into our

2:37:392:37:45

law through section 2.1 of the act,

none of which could be refused by

2:37:452:37:49

this House or the Other Place. These

range from clinical classification

2:37:492:37:54

rules to rules about passengers

travelling by C. I will give way.

2:37:542:38:03

Dusty minister agree that this

simple clause is the way in which

2:38:032:38:07

our democracy is completely restored

and that once it has gone through,

2:38:072:38:10

any matter that worries the British

people can probably be the subject

2:38:102:38:14

of Parliamentary debate and

decision, no laws and treaties with

2:38:142:38:19

standing -- does the minister.

You

have probably anticipated my speech

2:38:192:38:25

by a few paragraphs. UK ministers

have made nearly 6000 domestic

2:38:252:38:30

regulations under section to two, --

22, and the House has of course not

2:38:302:38:43

remained supine and we have

benefited from the tireless work of

2:38:432:38:46

the European scrutiny committee,

chaired by my honourable friend,

2:38:462:38:50

which has criticised a vast number

of EU documents, holding ministers

2:38:502:38:56

to account when representing our

interests in the EU and its work has

2:38:562:39:00

been paramount importance in holding

ministers to account and maximising

2:39:002:39:06

the voice of the house on EU

matters. We have sometimes influence

2:39:062:39:11

the laws adopted by the EU but this

House was on every occasion obliged

2:39:112:39:16

to implement our EU obligations. We

could not refuse new EU law because

2:39:162:39:23

our obligations were to the EU.

Most

of the legislation proposed by the

2:39:232:39:32

commission considered by the council

of ministers including a British

2:39:322:39:35

minister and approved by the

European Parliament before it

2:39:352:39:39

becomes law, can he name a

significant European law or

2:39:392:39:45

regulation which was opposed by the

British government at the time which

2:39:452:39:49

the government is now proposing to

repeal? Most Brexiteer 's can't

2:39:492:39:54

think of one.

LAUGHTER

I think the question at stake is not

2:39:542:40:03

whether there are legitimate

processes in the EU, it is whether

2:40:032:40:09

we approval one, and the one I'm

glad to bring to attention is the

2:40:092:40:12

ports regulation which we have to

stick with all the while we are

2:40:122:40:16

within the EU but it is uniquely

opposed by the owner supports and

2:40:162:40:20

the trade unions. Dusty owners of

ports. -- the owners of ports. I

2:40:202:40:29

look forward to the day we can make

our own decisions about how our

2:40:292:40:32

flourishing private sector

infrastructure works. I will give

2:40:322:40:36

way.

Would he also agree that those

who accuse the government of a power

2:40:362:40:42

grab would be very happy for

unelected EU officials to continue

2:40:422:40:48

to exercise these powers rather than

an acted government accountable to

2:40:482:40:51

the elected parliament? -- elected

government.

Indeed, the scenery of

2:40:512:40:58

our Constitution, if it had remained

in place, but not in fact the

2:40:582:41:03

practical effect which expected it

to have -- the seniority.

In

2:41:032:41:13

response to the member for Ross

Cliff, may I point out that in fact

2:41:132:41:19

most of the decisions that are taken

by the Council of ministers are

2:41:192:41:23

effectively made by consensus behind

closed doors with no record as to

2:41:232:41:27

who said what, how the decision was

arrived at and indeed on like this

2:41:272:41:33

as, director the proceedings either.

-- unlike this House, no record of

2:41:332:41:40

the proceedings either.

I thank you

for that. What has been established

2:41:402:41:47

is that clause one of this bill

could scarcely be a greater

2:41:472:41:50

constitutional significance and it

repeal the 1972 act on exit date

2:41:502:41:55

removing the mechanism that allows

EU law to flow automatically into UK

2:41:552:42:01

law and removing one of the

wide-ranging powers ever placed on

2:42:012:42:04

the statute book of the UK. The

repeal makes it clear and unarguable

2:42:042:42:09

that sovereignty lies in this

Parliament. I will give way.

I most

2:42:092:42:18

grateful for giving way. -- I'm for

the if the 1972 act is repealed

2:42:182:42:25

before the end of what ministers are

calling the implementation act which

2:42:252:42:30

I would like to call the transition

period, what will be the legal basis

2:42:302:42:35

for our relations with the EU and

for the free trade agreements we

2:42:352:42:41

have with the 50 seven thirds

countries question -- 57 third

2:42:412:42:48

countries?

We will try to establish

that legal basis but the moment I

2:42:482:42:53

want to conclude this section and

move on to the amendments. Not just

2:42:532:42:57

now. How we exercise in future the

restored power... I have given way

2:42:572:43:06

quite a few times, I will make some

progress now I get onto the

2:43:062:43:09

amendments. How in future we

exercise the restored power is a

2:43:092:43:13

choice for this place, the

government is clear that we want a

2:43:132:43:18

smooth and orderly exit achieved

through continuity in the law at the

2:43:182:43:22

point of Axa, as we shall discuss

later -- point of exit. I hope all

2:43:222:43:27

members can agree it is essential

that this clause is part of the

2:43:272:43:31

bill. I now turn to today's

amendments, it is very fitting that

2:43:312:43:39

the first Amendment to be debated in

this committee was from the

2:43:392:43:42

honourable gentleman for Birkenhead.

He has got to the heart of the

2:43:422:43:46

matter of when we leave the European

Union and I listened very carefully

2:43:462:43:50

to his speech. I have a great to

have sympathy for the Casey makes,

2:43:502:43:57

and I will pick up on a couple of

points. -- the case he makes. He has

2:43:572:44:03

not given a time of day in his

amendment, and one of the things I

2:44:032:44:08

learned is the ambiguity that arises

when you specify midnight which can

2:44:082:44:16

be the end or the start of a

particular day, and so I think that

2:44:162:44:20

is technically deficient and I hope

he will choose to not move the -- it

2:44:202:44:28

to a division.

I would love the

government to move 23 hours, 59

2:44:282:44:40

minutes, on the day that we should

actually leave, but it is on our

2:44:402:44:44

time, not on the time and on their

terms. Will the government move that

2:44:442:44:50

amendment?

You have made your case

very well, but we are going to move

2:44:502:44:57

the amendment which we have tabled.

I will give way once more and then I

2:44:572:45:03

will make some progress.

Will the

minister agree that this Eichmann is

2:45:032:45:08

creating division between us and our

European neighbours which will make

2:45:082:45:11

it very difficult to create a deep

and special partnership -- this

2:45:112:45:14

argument.

I don't agree, no, because

when the prime and is the of the

2:45:142:45:24

European Council in March last year

she set in train the defined

2:45:242:45:27

two-year progress of Article 50 --

when the Prime Minister. It will

2:45:272:45:34

come to conclusion on the 29th of

March 2019 and that is why the Prime

2:45:342:45:38

Minister said the UK will cease to

be a member of the EU on that day,

2:45:382:45:44

that is the policy of the

government. I would like to make

2:45:442:45:47

some progress. The government has

listened to the debate around the

2:45:472:45:53

exit date for the statutory purposes

of the bill and there is uncertainty

2:45:532:46:01

as to whether this will correspond

to the day that the UK leaves the EU

2:46:012:46:04

at the end of the Article 50

process, and the government

2:46:042:46:07

sympathisers with this uncertainty.

This is also an issue on which the

2:46:072:46:11

Lords constitutional committee

complied, they said they are

2:46:112:46:15

concerned that the power to define

exit day, matter that is pivotal to

2:46:152:46:18

the operation of the bill, is unduly

broad in its scope and flexibility

2:46:182:46:21

and that it is not subject to any

Parliamentary scrutiny procedure.

2:46:212:46:28

Such concerns were for the voice by

the members for Cardiff South and

2:46:282:46:34

Wakefield and others, not least

regard the breadth of the powers to

2:46:342:46:38

set numerous exit dates, and in fact

there has been a notable disconnect

2:46:382:46:45

between the Labour front and back

benches on this issue, and a number

2:46:452:46:47

of their backbenchers have submitted

a members and raised concerns

2:46:472:46:52

regarding exit Decca but the front

bench has refused to establish

2:46:522:46:57

clarity -- exit day. We recognise

the importance of being crystal

2:46:572:47:03

clear on the setting of exit date

and the government is keen to

2:47:032:47:06

provide the certainty that the

member for Birkenhead and others are

2:47:062:47:10

seeking, and in light of this the

government has brought forward an

2:47:102:47:16

amendment and consequential

amendments which will set exit day

2:47:162:47:21

as 11pm on the 29th of March, 2019.

This is slightly different to the

2:47:212:47:30

amendment in that it sets a time as

well as the date for exit. I give

2:47:302:47:33

way.

They do. I'm sorry the minister

is not feeling well -- thank you for

2:47:332:47:42

the does he understand how

impossible it is for me to explain

2:47:422:47:45

to my constituents that they can

have certainty about nothing about

2:47:452:47:50

Brexit as the government plans,

except according to him the date

2:47:502:47:54

when it will happen.

I have to say,

I forget whether the lady voted to

2:47:542:48:01

trigger Article 50, but this House

did in the process is quite clear.

2:48:012:48:09

Two years later we leave the

European Union. I will give way.

I'm

2:48:092:48:18

just wondering when the minister is

going to admit to this House that

2:48:182:48:21

setting a date for exit is political

windowdressing because if there's to

2:48:212:48:26

be a transitional deal, which the

Prime Minister says she wants, her

2:48:262:48:31

understanding is it will be under

Article 50 and that means we will

2:48:312:48:34

stay in the single market and the

customs union and subject to EU law

2:48:342:48:39

in the transition period, so this

exit day is a sop to the

2:48:392:48:43

backbenches, when you going to tell

the truth?

I will come onto the

2:48:432:48:49

implementation period, but we need

to become a third country in order

2:48:492:48:53

to conclude our future relationship

agreement, and the Prime Minister

2:48:532:48:56

set out in her Florence speech the

outline of the implementation period

2:48:562:48:59

which would allow practical

continuity, and that would allow us

2:48:592:49:05

to be a third country, concluding

the future trade agreement. I will

2:49:052:49:10

give way just once more. And then I

will move forward.

I am most

2:49:102:49:21

grateful. Does he recognise there

are two macro different issues

2:49:212:49:31

regarding exit day, there might be

multiple exit days, which is a

2:49:312:49:39

different thing from fixing a day,

and under Article 50 there is a

2:49:392:49:44

expiry date but Article 50 has in

itself provision in it for the

2:49:442:49:47

possible extension of the period, if

that is what is actually needed to

2:49:472:49:52

conclude the agreement, and that is

why I find this amendment by the

2:49:522:49:57

government so very strange. Because

it seems to me to fetter the

2:49:572:50:03

government to add nothing to the

strength of the government's

2:50:032:50:07

negotiating position and in fact

potentially to create a very great

2:50:072:50:09

problem that could be brought back

to be visited on us at a later

2:50:092:50:14

stage.

I'm grateful and he makes his

point with considerable clarity. I

2:50:142:50:23

accept that the Article 50 process

has provisions, but what I would

2:50:232:50:27

say, a number of voices in private

have voiced the concern that there

2:50:272:50:31

was a degree of elasticities and

they were concerned for that reason

2:50:312:50:37

that we should fix the exit date,

and I would also say to him further,

2:50:372:50:41

immolation to this matter, while he

makes his point with his usual

2:50:412:50:45

clarity -- in relation. Other

members of this House have said we

2:50:452:50:50

should have a time and date when we

leave the European Union and that is

2:50:502:50:54

what the government has done with

this moment. I said I would only

2:50:542:50:58

give way once more, but I will give

way to my honourable friend and then

2:50:582:51:03

I will make more progress.

The

minister is making a good speech,

2:51:032:51:08

but what is not clear, if the exit

date is confirmed as it is, will be

2:51:082:51:22

built allow that date to be changed

by regulation or not? -- will be

2:51:222:51:27

bill.

The answer is no. This is in

relation to consequential 's and the

2:51:272:51:36

provisions of the bill coming into

force and I look forward to a full

2:51:362:51:40

debate on the powers of clause 17

when we reach this, but the short

2:51:402:51:43

answer to your question is no. I

will just get on. I did say that I

2:51:432:51:50

was going to get on with it, and I

will. I have got to make progress.

2:51:502:52:05

could you so we said at second

reading that we would listen to the

2:52:052:52:09

concerns of the House.

2:52:092:52:11

We are happy to consider amendments

which share this goal can't I hope

2:52:162:52:20

The right honourable member will be

willing to withdraw his new clause,

2:52:202:52:25

and that right honourable members

with related amendments will

2:52:252:52:32

withdraw those, too. I would like to

return to 386 and 387. We think that

2:52:322:52:42

these amendments are ill-conceived

and could result in chaos. Following

2:52:422:52:47

a majority vote in this House, the

Prime Minister wrote to the

2:52:472:52:51

president of the European Council to

trigger Article 50, and that set in

2:52:512:52:58

train the Article 50 process. The

article says the treaty shall cease

2:52:582:53:01

to apply to the state in question

unless the European Council in

2:53:012:53:10

agreement with the member state

concerned unanimously decides to

2:53:102:53:13

extend this period. That is why the

prime Ministers said in her speech

2:53:132:53:18

in Florence that the United Kingdom

will cease to be a member of the

2:53:182:53:21

European Union on the 29th of March

20 19. The Government has always

2:53:212:53:25

been clear that the purpose of the

EU withdrawal bill is to ensure that

2:53:252:53:29

the UK exits the EU with certainty

and control. This is an essential

2:53:292:53:35

bell in the national interest which

will ensure that whatever the

2:53:352:53:39

outcome of the negotiations, the

statute book can continue to

2:53:392:53:42

function. The right honourable

lady's amendments what have the

2:53:422:53:46

consequence of destroying this

bill's capacity to function in the

2:53:462:53:50

event that a withdrawal agreement

was not concluded. And as a

2:53:502:53:54

consequence of these amendments, the

Bill's crucial provisions could not

2:53:542:53:59

come into effect until a second act

was passed. The consequence would be

2:53:592:54:03

legal chaos in the event that the

second act was not passed before the

2:54:032:54:08

29th of March 2019. Furthermore, no

one should fall into the trap of

2:54:082:54:14

thinking that these amendments would

keep us in the European Union if no

2:54:142:54:19

conclusion were reached. The

treaties would no longer apply but

2:54:192:54:22

what would happen is that our

domestic law would be in an unfit

2:54:222:54:26

state, and we could have legal

chaos. As a responsible government,

2:54:262:54:31

we must be ready to exit without a

deal even though we expect to

2:54:312:54:36

conclude a deeper special

partnership, and I give way to the

2:54:362:54:39

honourable gentleman.

I am grateful

to the Minister for giving way and

2:54:392:54:44

being pretty frank with the House

now, because if he is right in what

2:54:442:54:49

he has said, what his Government's

set of amendments does is pave the

2:54:492:54:53

way for no deal. If I am wrong about

that, why did his predecessor, Lord

2:54:532:54:59

Bridges of Headley, say that he

didn't believe it would be possible

2:54:592:55:03

to sort out the divorce Bill, sort

out the implementation period and

2:55:032:55:08

the final deal on our withdrawal

within the time frame envisaged?

2:55:082:55:14

What he is planning for, and he

should be absolutely frank with the

2:55:142:55:18

British people, is no deal, and he

has no mandate from the British

2:55:182:55:21

people to do that.

This is a subject

on which I responded to a debate

2:55:212:55:27

only recently, and I would prefer

the honourable gentleman to a

2:55:272:55:30

running I said on that occasion, but

he is wrong. We're planning to

2:55:302:55:35

security bit special partnership

with the European Union, and we

2:55:352:55:38

intend to do that within the

limitation period which the Prime

2:55:382:55:42

Minister set out in the Florence

speech, and we very much look

2:55:422:55:44

forward to carrying through the

necessary legislation to do it. I

2:55:442:55:50

will give way twice more, and then I

thank in forgiving way. Is he aware

2:55:502:55:57

that the chief financial officer of

Aston Martin has said it would be a

2:55:572:56:02

semi-catastrophe if the UK went for

no deal? And could I ask him why he

2:56:022:56:06

will not allow the option of article

52 BX tended to ensure that there

2:56:062:56:11

was a deal if we were very close to

reaching one at the date that he has

2:56:112:56:17

said?

I am very grateful to him for

that intervention. What I would say

2:56:172:56:22

to him is we are going to go through

the process of making sure as a

2:56:222:56:26

responsible Government that our

country is ready to leave the

2:56:262:56:29

European Union without a deal if

that proves necessary. We will take

2:56:292:56:33

the steps to be prepared as a

responsible government should. But

2:56:332:56:38

what this bill cannot do is pre-empt

the negotiations by putting things

2:56:382:56:42

into statute before they have been

agreed. The Government intends the

2:56:422:56:46

United Kingdom to leave the euro --

EU on that date, but we will bring

2:56:462:56:58

forward whatever legislation is

necessary to implement the agreement

2:56:582:57:01

we strike with the EU, and that is

why yesterday my right honourable

2:57:012:57:05

friend the Secretary of State

announced the withdrawal agreement

2:57:052:57:07

and in fermentation bill which we

will introduce once Parliament has

2:57:072:57:11

had a chance to vote on the final

deal. This Government takes its

2:57:112:57:17

responsibilities seriously, and is

committed to ensuring that the UK

2:57:172:57:21

exits the EU with certainty,

continuity and control. It makes no

2:57:212:57:25

sense to legislate for one piece of

legislation on the face of the other

2:57:252:57:28

piece, and I therefore ask the right

honourable lady to withdraw her

2:57:282:57:33

amendments, and with that, I commend

that clause one stand part of the

2:57:332:57:36

Bill.

Thank you, Madam Deputy

Speaker. I am pleased to move

2:57:362:57:48

amendments 43, 44 and 45 which give

Parliament the control over the

2:57:482:57:52

length in basic terms of

transitional arrangements and allows

2:57:522:57:55

Parliament to set the clock on

sunset clauses. These are the first

2:57:552:57:59

of many amendments tabled by the

opposition that we will be

2:57:592:58:02

considering over the next few weeks,

all of which have one purpose, which

2:58:022:58:08

is to improve this bill, and it is

frankly not helpful when Ministers

2:58:082:58:15

and indeed the Prime Minister over

the weekend sought to characterise

2:58:152:58:19

scrutiny and accountability by this

House as an attempt to thwart

2:58:192:58:24

Brexit. It is not. We accept the

British people voted to leave the

2:58:242:58:32

European Union. It may have been a

close vote, but it was a clear vote,

2:58:322:58:37

and that is why we voted to trigger

Article 50. Whether we leave the

2:58:372:58:43

European Union is not a matter for

debate. But how we do so is crucial

2:58:432:58:49

for the future of our country. The

British people voted to pull out.

2:58:492:58:56

They did not vote to lose out. And

they look to this Parliament to

2:58:562:59:05

secure the best deal, and that

includes not stumbling over a cliff

2:59:052:59:10

edge in March 2019.

Could he define

the Labour Party's idea of leaving

2:59:102:59:24

the European Union?

I'm surprised as

such an ardent Brexiteer The right

2:59:242:59:28

honourable member doesn't understand

what leaving the European Union

2:59:282:59:31

involves. We do. Until last

Thursday, the debate on clause one

2:59:312:59:43

looked fairly straightforward. The

Article 50 notification made our

2:59:432:59:51

exit in March 2019 legal certainty,

I will in a moment, but not now. And

2:59:512:59:58

so exit day for the purposes of the

Bill could be left in the hands of

2:59:583:00:03

Parliament. But then the Government

did something needless. They tabled

3:00:033:00:10

amendments 381 and 382, putting a

specified exit date and time of 11pm

3:00:103:00:18

or midnight brussels time on the

face of the Bill. Their

3:00:183:00:23

consequential amendment, 383, seems

to contradict their other amendments

3:00:233:00:28

in some regard, and that I think

underlines the chaos and the chaotic

3:00:283:00:32

way with which they have approached

this bill. But taken together, the

3:00:323:00:39

intention of the three amendments is

clear.

The rather mysterious

3:00:393:00:47

explanation that the honourable

gentleman gave to my right

3:00:473:00:49

honourable friend here needs some

elucidation. Would he be good enough

3:00:493:00:54

to explain whether leaving the

European Union does mean also

3:00:543:00:57

repealing the European Communities

Act 1972, and then explain why they

3:00:573:01:02

voted against it on second reading?

I would have thought that it would

3:01:023:01:08

have been as clear to him as it is

to me, that leaving the European

3:01:083:01:11

Union does involve revoking the

European Communities Act, and I will

3:01:113:01:20

go on to explain why we have

concerns over the Government's

3:01:203:01:24

amendments on the different

decisions involved within them.

I am

3:01:243:01:29

grateful for the honourable member

giving way. Did the honourable

3:01:293:01:34

member understand as idea to win the

vote for Article 50 Took Place that

3:01:343:01:42

the provisions outlined in Article

50 would apply, including the

3:01:423:01:47

ability of 28 nations to agree to

extend the negotiating process?

I

3:01:473:01:57

did indeed, and I will come to that

point later in my remarks. I have

3:01:573:02:02

said that the intention of the three

amendments despite the confusion

3:02:023:02:05

caused by 383 is clear. It's clear,

but it is needless, because Article

3:02:053:02:13

50, triggered on the 29th of March

2017, provides for a two-year exit

3:02:133:02:19

timetable. There is therefore no

question over whether... Not at this

3:02:193:02:25

moment, I will make progress.

There

is therefore no question over

3:02:253:02:31

whether the UK will leave the EU

over the course of that question. So

3:02:313:02:35

what is the purpose of the

Government's three amendments? Is it

3:02:353:02:41

simply to appease extreme elements

within their party, not thinking of

3:02:413:02:45

the consequences for the country? Or

is it a deliberate decision to on

3:02:453:02:51

pick the Florence speech,

demonstrating that the freelancers

3:02:513:02:55

within the Prime Minister's Cabinet

are actually in charge of policy? I

3:02:553:03:04

suspect it may be the latter, and

given that the public will be

3:03:043:03:08

looking at this, and wondering when

they see this chaos that the

3:03:083:03:11

negotiations are, the lack of

progress that has been made, and

3:03:113:03:15

suddenly the Government is wanting

to bring down the guillotine rather

3:03:153:03:17

than using the existing Article 50

process, they might have good reason

3:03:173:03:21

to be very suspicious.

I thank my

honourable friend for his

3:03:213:03:28

intervention, they have reason to be

suspicious and concerned. I will

3:03:283:03:32

make some progress, but I will give

the honourable member the

3:03:323:03:35

opportunity to intervene later.

Whatever the reason for the

3:03:353:03:42

Government's decision, it is

reckless and it is an extraordinary

3:03:423:03:47

U-turn. Quite extraordinary. The

Minister said a few moments ago that

3:03:473:03:52

he felt it was important to give

clarity on the issue of the

3:03:523:03:57

departure date, and this was the

Government's fixed view. But it

3:03:573:04:01

wasn't the one they held before last

Thursday. In fact, for the last four

3:04:013:04:06

months, their position was

represented by clause 14, page ten,

3:04:063:04:12

line 25, which says exit date means

such day as a Minister of the Crown

3:04:123:04:20

may appoint, and page 14, different

days may be appointed for different

3:04:203:04:24

purposes. Now, we thought on this

side of the House that that was a

3:04:243:04:29

sensible principle. We wanted

Parliament, not Ministers, to agree

3:04:293:04:32

the dates, and that is why we have

tabled amendments 43, 44 and 45, but

3:04:323:04:40

the principle makes sense, and let

me outlined why. As I said, our

3:04:403:04:44

departure from the European Union is

a settled matter. However, this bill

3:04:443:04:49

deals with three different issues.

The date that the European

3:04:493:04:54

Communities Act will cease to have

effect. The cut-off point for the

3:04:543:04:57

use of delegated powers. And the

ending of the jurisdiction of the

3:04:573:05:03

court of justice of the European

Union. And on that last point, the

3:05:033:05:08

jurisdiction of the court, there is

a fundamental impact on the issue of

3:05:083:05:11

transitional arrangements. Now,

Labour has been clear about the need

3:05:113:05:17

for a transitional period. In order

to prevent a cliff edge and to

3:05:173:05:23

ensure that businesses don't have to

adapt to two new custom and

3:05:233:05:28

regulatory arrangement in quick

succession, we need a transitional

3:05:283:05:31

period on the same basic terms that

we currently have. In the single

3:05:313:05:36

market and in the customs union.

Businesses and trade unions support

3:05:363:05:41

that transitional period, and we

were pleased when the Government

3:05:413:05:45

caught up with us on this in

September, and in her Florence

3:05:453:05:51

speech, the Prime Minister finally

recognised its importance, and I

3:05:513:05:55

quote, she said. People and

businesses both in the UK and the EU

3:05:553:05:59

would benefit from a period to

adjust to the new arrangements in a

3:05:593:06:03

smooth and orderly way, and she went

on, clearly, people, businesses and

3:06:033:06:08

public services should only have to

plan for one set of changes in the

3:06:083:06:12

relationship between the UK and the

EU. So, during the limitation

3:06:123:06:17

period, access to one another's

markets should continue on current

3:06:173:06:22

terms. And Britain should also

continue to take part in its

3:06:223:06:26

existing security measures, and I

know that businesses in particular

3:06:263:06:28

would welcome the certainty this

would provide. Her spokesperson

3:06:283:06:32

reiterated just yesterday that she

gave businesses reassurance on

3:06:323:06:39

agreeing a time-limited transitional

period, or as she prefers to call

3:06:393:06:44

it, implementation period, as soon

as possible. But the Government's

3:06:443:06:49

amendment blows the prospect of a

transitional deal on current terms

3:06:493:06:53

out of the water. Put simply, if

there is no role for the court of

3:06:533:07:00

justice of the European Union, we

are not operating on current terms,

3:07:003:07:03

and the Prime Minister will not be

able to secure agreement with the EU

3:07:033:07:08

27 for the transitional arrangements

that she set out in her Florence

3:07:083:07:11

speech.

I am grateful to the

honourable gentleman forgiving way.

3:07:113:07:16

Isn't that the whole point of the

difference between an intimidation

3:07:163:07:21

and transition. If it is a

transition, we're transitioning from

3:07:213:07:25

being inside the European Union to

being at the end of the process

3:07:253:07:29

outside, and therefore in the

transition would be de facto members

3:07:293:07:32

of the European Union on their bases

here setting out, defeating the

3:07:323:07:35

whole purpose of this bill?

3:07:353:07:40

Clearly the transitional period is a

bridge between where we are now and

3:07:403:07:43

where we will be once we have left

the European Union but the point

3:07:433:07:48

that the member makes is not

relevant to the point that I'm

3:07:483:07:51

seeking to make. I will give way.

This is an intervention I wanted to

3:07:513:08:01

make earlier but he wouldn't take

it. I commend the amendments my

3:08:013:08:08

honourable friend is moving but I

would like to seek his opinion on

3:08:083:08:11

you clause 49. This clause is linked

with others, but is there not a

3:08:113:08:19

danger that if this clause 49

passes, there no guarantee the other

3:08:193:08:24

clauses may pass and therefore

passing clause 49 would do a grave

3:08:243:08:29

disservice to this country? With my

friend also make the position clear

3:08:293:08:34

of the front benches on where it

stands on this clause 49?

I'm happy

3:08:343:08:42

to clarify that we are opposed to

new clause 49. Whether it is in

3:08:423:08:49

relation to that clause or the

government's Mance, closing down the

3:08:493:08:56

opportunity for effective

transitional arrangements is deeply

3:08:563:08:58

self harming -- the government's

stance.

I believe the Labour Party

3:08:583:09:08

wants to have a good transition to a

future relationship, but I want to

3:09:083:09:13

draw attention to what the Prime

Minister said in the Florence

3:09:133:09:19

speech,... So the point I'm making,

we need to become a third country

3:09:193:09:25

before we can conclude the kind of

future relationship which I think he

3:09:253:09:28

would like us to have stopped.

I

don't disagree, but that is

3:09:283:09:35

precisely our point, you can't in

that transitional period disabled

3:09:353:09:40

the role of the court of justice of

the European Union otherwise you

3:09:403:09:43

will not achieve that arrangement

that we are both seeking. I will

3:09:433:09:49

give way.

I'm very grateful. He is

making a very powerful point, and I

3:09:493:09:57

wonder if I'm at hell, I asked the

Prime Minister what she thought the

3:09:573:10:00

legal basis of any transitional deal

would be and she referred to the

3:10:003:10:08

fact, and I raised this issue and

was told that it is envisaged that

3:10:083:10:13

in the transitional deal written

will stay in the singer market, the

3:10:133:10:17

customs union, within the EU law --

single market.

3:10:173:10:28

The Brexit secretary yesterday

talked about the court in those

3:10:303:10:35

terms. I will give way.

I'm

grateful. I'm listening carefully to

3:10:353:10:40

your remarks. Is it not the case

that part of the difficulty is that

3:10:403:10:45

there is a sense of people being

disingenuous about the reality of

3:10:453:10:48

the process of Brexit. Of course it

is possible that at the end of this,

3:10:483:10:53

despite the way we pass this

legislation, the government can come

3:10:533:10:58

back with a withdrawal bill, is

statute they promised us which does

3:10:583:11:03

the very thing they won't admit at

the moment which is keep Rouble

3:11:033:11:05

within the jurisdiction of the

European Court of Justice within a

3:11:053:11:10

transitional period -- which is to

keep us. Would it not be better if

3:11:103:11:17

we could have a bit of honesty and

clarity from both sides about what

3:11:173:11:23

the implications are of withdrawal

and how we have to go about it and

3:11:233:11:27

the options and lack of options

sometimes that may be open.

Is he

3:11:273:11:38

intervening on his colleague? I

would like to respond to the

3:11:383:11:44

intervention by saying I very much

agree with that point, because

3:11:443:11:46

otherwise we will face the nonsense

of the government bringing forward

3:11:463:11:49

new legislation effectively

repealing the repeal Bill. I really

3:11:493:11:56

feel I ought to make progress. Oh go

on then.

Further to my friend's boy,

3:11:563:12:04

the difference between a transition

and an implementation, we know it

3:12:043:12:09

will be the implementation period

because we will have to implement

3:12:093:12:12

the Widdall agreement but we don't

know whether this will be a

3:12:123:12:15

transitional agreement because we

don't know until the point of Brexit

3:12:153:12:18

as to whether we will have any final

deal to implement.

That is a very

3:12:183:12:30

fair point. I will now make some

progress. I was at the point of

3:12:303:12:35

talking about why closing down the

opportunity for effective

3:12:353:12:39

transitional arrangements would be

deeply self harming, as the director

3:12:393:12:47

of the CBI said last week, the

message from business is more

3:12:473:12:50

uncertainty quickly, especially

around transition and especially in

3:12:503:12:53

the next four weeks. The government

amendments undermine the prospect of

3:12:533:13:00

a transitional deal and create more

uncertainty. The CBI and the British

3:13:003:13:06

Chambers of commerce and the

engineering employers Federation and

3:13:063:13:09

the Federation of Small Businesses

came together to call for a

3:13:093:13:13

transitional deal, saying we need

agreement of transitional

3:13:133:13:16

arrangements as soon as possible,

because without urgent agreement

3:13:163:13:21

many companies have decisions about

investment and contingency plans.

3:13:213:13:26

Failure to agree a transition period

of at least two years could have

3:13:263:13:29

wide reaching and damaging

consequences for investment and

3:13:293:13:31

trade. It will also mean lorries

backing up at Dover because the

3:13:313:13:37

adjustments necessary and I'm sure

everyone would agree, the

3:13:373:13:41

adjustments necessary to avoid that

cannot be physically put in place

3:13:413:13:44

within 15 months and for the same

reason it will mean a hardboard in

3:13:443:13:50

Northern Ireland with all the

problems that would create. -- hard

3:13:503:13:53

border. It is not in the national

interest and it closes down the

3:13:533:13:58

flexibility that we might need if

negotiations go to the wire, both we

3:13:583:14:05

and the EU 27 might recognise the

need for next week, next day, extra

3:14:053:14:13

hour, even an extra minute. Or

second. In order to secure a final

3:14:133:14:20

deal. But that agreement would be

thwarted by the government having

3:14:203:14:27

made it unlawful for themselves to

do what they would want to do at

3:14:273:14:29

that point. The Prime Minister has

consistently talked about parties

3:14:293:14:35

working together in the national

interest and we are up for that, we

3:14:353:14:38

have tried to be constructive and we

have scrutinised and identify gaps

3:14:383:14:43

and we have offered solutions and on

this critical issue we seem to be in

3:14:433:14:49

the same place with some members of

the government on the need for

3:14:493:14:52

effective transitional period, so

let me make an offer to the

3:14:523:14:58

government, if they withdrawal

members 381, 382 and 383 and work on

3:14:583:15:04

an alternative which is in line with

the Article 50 process but without

3:15:043:15:11

destroying the possibility of

transitional arrangements, we are

3:15:113:15:13

happy to work with them on it, but

if they don't... I will give way.

3:15:133:15:18

I'm very grateful. Does he agree

with me that the real way that the

3:15:183:15:24

Prime Minister could reach out would

be to make clear that she accepts

3:15:243:15:29

the jurisdiction of the European

Court of Justice for the plantation

3:15:293:15:34

period and that would resolve many

of her problems -- implementation.

3:15:343:15:38

The honourable member is right. The

reckless ideological red line on the

3:15:383:15:44

court of justice of the European

Union has got us into many problems,

3:15:443:15:50

on this and other issues. Let me

say, if the government can't

3:15:503:15:56

withdraw their amendments, and

engage in that process with us, we

3:15:563:16:03

cannot support them, because of the

impact on the economy, jobs and

3:16:033:16:07

livelihoods as we would plunge over

the cliff edge. I should also say,

3:16:073:16:11

we can't support a member 79 and we

believe the bill should operate on

3:16:113:16:16

the assumption of devolution, and

the member for Darlington will set

3:16:163:16:24

out the alternative in coming days.

The government has had months to

3:16:243:16:28

repair this deeply flawed bill and

they could have come forward with

3:16:283:16:32

amendments on workers' rights and

environmental protection and the

3:16:323:16:34

Charter of fundamental rights and

limiting the scope of delegated

3:16:343:16:38

powers, but instead they have chosen

to come to this House with a gimmick

3:16:383:16:43

on the departure date. A gimmick

which is about the Prime Minister

3:16:433:16:49

negotiating with her own party

rather than trying to get a Brexit

3:16:493:16:53

deal that prioritises jobs and the

economy and the livelihoods of our

3:16:533:16:57

people. The government's Mance are a

product of the divisions at the

3:16:573:17:02

heart of this government on their

approach to Brexit -- government's

3:17:023:17:06

demands for the chaos that is

setting the economy. A Prime

3:17:063:17:10

Minister is so weak that she is

trying to tie her own hands behind

3:17:103:17:16

her back to appease the extremists

within her party. No, I won't.

3:17:163:17:25

Internal party management before the

national interest, this country

3:17:253:17:30

deserves better and we are offering

it.

Ken Clarke.

I abstained on the

3:17:303:17:40

second reading of this bill and I

voted against the timetable motion,

3:17:403:17:46

but I felt it was impossible to vote

against the second reading because a

3:17:463:17:49

bill of this kind, technical bill,

certainly is required when we leave

3:17:493:17:55

the European Union to avoid the

legal hiatus which will otherwise

3:17:553:17:59

occur and bring total uncertainty

about what the law in this country

3:17:593:18:05

actually is, and I abstained for

many reasons which will become

3:18:053:18:14

clear, and I found the bill goes far

beyond its original purpose and its

3:18:143:18:20

drafted in such a way that it tries

to deprive Parliament of proper vote

3:18:203:18:26

and say, if but I hope that will be

corrected and I hope the government

3:18:263:18:34

will listen to this debate and sees

what is required and what is not.

3:18:343:18:37

What I would like to touch on

briefly, two features of this

3:18:373:18:44

debate, the first is the repeal of

the European Community 's act, and

3:18:443:18:48

there are only two left in the House

of Commons who were here when the

3:18:483:18:53

European Community 's act was passed

and I'm glad to say we are quite

3:18:533:18:58

consistent, the member for balls

over myself continue to vote against

3:18:583:19:01

each other on all matters European

-- balls over.

3:19:013:19:05

I'm sure the whips can look forward

to the member supporting them on

3:19:113:19:14

most matters, where as I will be

voting against them, not sure that

3:19:143:19:18

will continue to be the place. But

the Europeans community act was

3:19:183:19:24

passed on a bipartisan basis which I

have negotiate when I was then a

3:19:243:19:27

young whip, that is Labour rebels

supporting the majority of the

3:19:273:19:33

Conservative Party to get us in.

Libby say, I don't give its has --

3:19:333:19:42

let me say, I don't dig it has

turned out to be a harmful -- I

3:19:423:19:47

don't think it is turned out to be a

harmful bill at all, no one has

3:19:473:19:50

sought to repeal it. The idea which

is put forward that it has led to

3:19:503:19:56

faceless grey Eurocrats producing

vast quantities of awful legislation

3:19:563:20:02

and red tape is one of the biggest

myths of our time and I pay tribute

3:20:023:20:07

to Nigel Farage's campaigning

abilities, no doubt he's the most

3:20:073:20:12

successful politician of my

generation, he has persuaded a high

3:20:123:20:17

proportion of the population that

that is exactly how it runs. By all

3:20:173:20:25

looking forward to having a bent

bananas again. -- they are all. I

3:20:253:20:31

for an election once where several

my constituents were persuaded that

3:20:313:20:41

the Eurocrats were about to abolish

double-decker buses and it took some

3:20:413:20:46

time to overcome this rather

worrying belief. -- I fought an

3:20:463:20:50

election. I will give way.

His stand

on this issue has been completely

3:20:503:21:01

consistent for decades, but can he

stand up before the House and

3:21:013:21:06

justify staying within the common

fisheries policy, on ecological,

3:21:063:21:11

environmental and economic or social

grounds?

I look forward to seeing

3:21:113:21:18

what a British fisheries policy is

going to devise. The average

3:21:183:21:24

fisherman I meet, they seem to

believe that if we exclude foreign

3:21:243:21:30

ships from our waters we can give up

this scientific stuff about

3:21:303:21:36

conserving scallops and they will no

longer have any quotas, that is the

3:21:363:21:39

usual argument but to me. Most

British fish is sold in the EU, very

3:21:393:21:45

important market it is inconceivable

they could react to our firing their

3:21:453:21:52

ships that are not buying the fish.

-- drawing. -- throwing their ships

3:21:523:22:02

out by not buying the fish we sell.

I debated against my honourable

3:22:023:22:10

friend, he is very sensible

Brexiteer and we have more sane

3:22:103:22:15

debates in village or is and we ever

did in television and the radio in

3:22:153:22:19

the referendum campaign, but he

faced my question about what

3:22:193:22:23

regulation would he repeal that a

British government has opposed if we

3:22:233:22:30

left the EU and he came out with a

list of chemicals and pesticides

3:22:303:22:35

which he thought the farmers in his

constituency would look forward to

3:22:353:22:40

using again, and I think he was on

vulnerable ground. It is highly

3:22:403:22:46

unlikely that this House would

actually wish to repeal that

3:22:463:22:50

legislation and that is because the

British like high regulatory

3:22:503:22:57

standards on product quality, health

and safety. Consumer protection. The

3:22:573:23:03

environment. Animal welfare. British

governments during the highly

3:23:033:23:11

successful 45 years in which we have

been one of the leading influential

3:23:113:23:15

players in the European Union have

been the advocates of more

3:23:153:23:22

regulation and higher standards and

no British government actually has

3:23:223:23:27

ever taken up the cause of

deregulating in Europe.

3:23:273:23:38

Now the Barroso commission and the

wall is sensitive to public output

3:23:383:23:44

and was sensitive to the regulatory

commission and they gave it up. As

3:23:443:23:47

one of the commissioners explain to

me, they could not have any European

3:23:473:23:53

governments, including the British

garment, come forward with any

3:23:533:23:57

deregulatory proposals. The vice

president who is a very keen

3:23:573:24:05

deregulatory, he was extremely

anxious to get proposals. We tried

3:24:053:24:10

to get some deregulatory proposals

when they were growing coalition. No

3:24:103:24:16

Government department could produce

any. That particular department are

3:24:163:24:22

anxious to repeal. The joy and that

some people feel over the repeal of

3:24:223:24:28

the European community act is, in my

opinion... Splendidly disembodied.

3:24:283:24:35

If anybody in my house knows each of

the 1600 regulations in meticulous

3:24:353:24:41

detail... Indeed.

I also know and I

just would like to challenge my

3:24:413:24:48

honourable friend, the member for

Rushcliffe, on his assertion which

3:24:483:24:54

seems to suggest that he thinks that

the manner in which the Council of

3:24:543:24:59

ministers has been operating has

been adequately democratic and

3:24:593:25:03

transparent. Could he please explain

to ours from his only the rains,

3:25:033:25:07

which is expensive, how it does

work? And would he like, in doing

3:25:073:25:11

so, denied the fact it is done by

closed doors for the most part and

3:25:113:25:18

that it is done by consensus so no

one knows how and when?

Under the

3:25:183:25:22

major Government, we introduced a

process where council meetings would

3:25:223:25:28

be held in public to add to these

assertions because it is

3:25:283:25:31

legislative. Council ministers do

all public sessions and the decision

3:25:313:25:37

was made to reach these in public. I

suppose it goes on and I've lost

3:25:373:25:41

touch. It doesn't amount to very

much what I can reassure my

3:25:413:25:44

honourable friend map the truth...

Let me explain my answer. We try to

3:25:443:25:50

tackle this criticism. What happened

was that age of the 28 ministers

3:25:503:25:55

gave a little speeches -- each of

the 28 ministers. For national

3:25:553:26:03

newspapers. In negotiating and

discussion did not make much

3:26:033:26:07

practical progress. What happened

when you've got these public

3:26:073:26:09

sessions over if you read into

private sessions and try to

3:26:093:26:15

negotiate to reach an agreement. I

used to find the best business in

3:26:153:26:20

the European councils was usually

done over lunch...

3:26:203:26:23

LAUGHTER

I have attended more European

3:26:233:26:28

Council than most people have. The

lunches at the European councils

3:26:283:26:34

with... Tended to be well reasonable

understanding is well made.

3:26:343:26:38

Governments made it clear when they

opposed. What happened again after

3:26:383:26:44

councils were over, with everyone

gave a press conference. Slightly

3:26:443:26:48

distressing habit for some of the

ministers to give an account of what

3:26:483:26:51

they had been staying at the Council

to their assembled national press,

3:26:513:26:56

which didn't in my opinion is very

closely to what they had been saying

3:26:563:27:01

inside the council. I regret to say

some British ministers fell into

3:27:013:27:04

that trap. British ministers and

other nationalities had fiercely

3:27:043:27:12

advocated regulating inside the

council would hold a press

3:27:123:27:18

conference describing a valiant

efforts to block... Coming into

3:27:183:27:24

answer, confirming some of my

honourable friend's criticisms. The

3:27:243:27:28

fact is most British governments,

they made it clear what they

3:27:283:27:32

opposed, what they didn't, had to

come back here if they had a

3:27:323:27:36

regulation detriment in the past to

explain my head they had gone along

3:27:363:27:41

with it. That is enough on the

European Community act. Once, my

3:27:413:27:49

honourable friend.

I'm grateful for

giving way. Would he agree that

3:27:493:27:53

notwithstanding the reality is that

we had this referendum and 52% voted

3:27:533:27:59

we are leaving, so it is now

absolutely imperative as much as

3:27:593:28:02

they can now they all come together,

we get this right and get the best

3:28:023:28:08

deal, the best legislation to

deliver that deal. Most importantly,

3:28:083:28:11

we return sovereignty to this

parliament and the parliament should

3:28:113:28:15

have its proper meaningful vote and

say, deal or no Deal.

My honourable

3:28:153:28:24

friend brings me back to the core of

this debate and the important matter

3:28:243:28:28

which will be disastrous if we don't

get it right which is this question

3:28:283:28:31

of how precisely does this they'll

set up the timing of that departure

3:28:313:28:37

and how it will take place. I will

in a second, I'm trying to be brief,

3:28:373:28:42

I can assure you. Can I make my

point in 1's? It is actually an

3:28:423:28:47

extremely serious point. Bat can I

make my point once? This technical

3:28:473:28:55

bill to stop this illegal hiatus. It

saw no reason to put any reference

3:28:553:29:00

to our departure date from the union

in it. Their reason... There was no

3:29:003:29:07

reason to be kidding. Article 50

supporters, despite my vote against,

3:29:073:29:14

by a large majority of the House of

Commons, sets the date in March the

3:29:143:29:21

29th, 2019. The whole Bill proceeded

on that basis. Suddenly, in your

3:29:213:29:29

last few days, partly in response to

the amendment of the members of

3:29:293:29:35

Birkenhead. The governments suddenly

produced most precise and amendments

3:29:353:29:38

tying down our departure to the

second. With great respect to the

3:29:383:29:46

member for Birkenhead, his amendment

could easily have been defeated. If

3:29:463:29:50

the Labour Party would have voted

against it, I could have voted

3:29:503:29:53

against it for what it's worth,

neoliberals. Even the Government,

3:29:533:29:57

the Government tried to apply whips

get carried. If they'd been foolish

3:29:573:30:01

enough to do that, they would have

had a job getting a majority for the

3:30:013:30:05

honourable member for Birkenhead so

I don't think despite his formidable

3:30:053:30:12

oratory, the honourable member that

cause them to bring it forward. What

3:30:123:30:17

happened was they try to make a

concession to the more moderate

3:30:173:30:22

members of the backbenchers on this

site by conceding the obvious common

3:30:223:30:28

sense that we are going to have to

have a meaningful, lawful vote on

3:30:283:30:33

whatever deal is produced and we are

going to have to have legislation to

3:30:333:30:38

actually move through the final

period. It's not a great concession.

3:30:383:30:40

With great respect to what we

discovered the other day, they

3:30:403:30:44

haven't quite got it right yet

because all these great processes

3:30:443:30:47

have to take place after we were

already left, particularly if the

3:30:473:30:51

Government's amendments are passed,

which increases that risk. Having

3:30:513:30:56

made what might have been seen by

some as a dreadful concession, a

3:30:563:31:03

concession of all people to my

honourable friend, the member from

3:31:033:31:07

Beaconsfield, and my honourable

friend the member from Broxton,

3:31:073:31:11

shock, horror, what kind of press

was that going to bring? What kind

3:31:113:31:15

of reaction from the Forth Road

below the gangway? -- from the

3:31:153:31:26

fourth row. Someone is urged to

bring something that we can bring to

3:31:263:31:30

the Secretary and produced this

ridiculous and in print but it is

3:31:303:31:33

not just ridiculous and unnecessary,

it could be positively harmful to

3:31:333:31:40

the national interest. These

negotiations... I'll give way.

I

3:31:403:31:50

thank the honourable gentleman are

giving way. Isn't it fortunate

3:31:503:31:52

higher birth despite what he just

said that the gunmen have time to

3:31:523:31:55

rethink this? Because my honourable

friend's amendment is already making

3:31:553:32:00

the Government opposed to day as

well the opposition, it does not get

3:32:003:32:05

considered until the eighth day of

committee therefore is there not

3:32:053:32:08

ample time for the Government

without losing face to listen to the

3:32:083:32:15

words of the honourable gentleman

with the good sense of the word he's

3:32:153:32:17

making and withdraw the amendment?

A

will not try to emulate the

3:32:173:32:23

eminently sensible advice of the

honourable member. By the time they

3:32:233:32:28

have to concede this but I trust

they will, then it will have been

3:32:283:32:33

forgotten the odd circumstances by

which it was produced and he sums up

3:32:333:32:37

the situation. It is quite

unnecessary to actually close down

3:32:373:32:42

our options as severely as they are

with this amendment when they don't

3:32:423:32:46

know yet. When it is perfectly

possible on all precedents that

3:32:463:32:51

there is a mutually beneficial

European and British need to keep

3:32:513:32:56

the negotiations going for a time

longer to get them settled and not

3:32:563:33:00

to fall into the problems that this

Bill is designed for. I will

3:33:003:33:05

conclude now and I apologise to my

honourable friend but there are

3:33:053:33:08

other things that have come up which

are actually important and we need

3:33:083:33:12

to be returning and will return to

them many times in the course of

3:33:123:33:16

this actual bill's committee stage.

The whole question of the obvious

3:33:163:33:22

need for a transition stage and the

obvious need for a transition stage

3:33:223:33:26

to continue with our relationship on

its present terms and until the new

3:33:263:33:34

terms have been clarified and

business can run smoothly, that have

3:33:343:33:39

to be reflection in every word of

this bill and we must not seek to

3:33:393:33:43

put obstacles. The foreign speech

was a most -- the Florence speech

3:33:433:33:49

was the only significant step

forward. The British have so far

3:33:493:33:53

taken in the whole negotiating

process. I don't know, I suspect

3:33:533:33:59

that I don't know whether there are

members of the bill whose main

3:33:593:34:02

effort devoted to trying to step

back again from the Florence speech

3:34:023:34:07

but just in case, I hope the

Government will welcome all attempts

3:34:073:34:10

to group the Florence speech and its

content onto the face of this bill.

3:34:103:34:17

I hope we won't have the necessary

detailed discussions which this

3:34:173:34:22

debate has just held first

interfered with or shorts down in

3:34:223:34:28

the criticisms by people saying, oh,

you are remoaners and trying to

3:34:283:34:37

reverse democracy, you have been

instructed by the people to leave

3:34:373:34:41

Euratom, you been instructed by the

people to reject the European Court

3:34:413:34:44

of Justice. The question... The

referendum which I have no time for

3:34:443:34:50

referendums personally, but the

referendum certainly settled that

3:34:503:34:55

the majority wanted to leave the

European Union. It settled and

3:34:553:34:58

nothing else. As nobody expected

leave to win, including the leave

3:34:583:35:09

campaign, who would have taken no

notice of the referendum had they

3:35:093:35:14

lost it, nobody actually paid any

attention to what leaving actually

3:35:143:35:21

meant in these practical, legal,

economic policy, business terms

3:35:213:35:25

which it is the duty of this house

to debate. We had no instructions

3:35:253:35:33

with anybody mentioning problems of

trade, investment, jobs, which are

3:35:333:35:37

only part of the problem although

our hugely important waved away by

3:35:373:35:43

leave campaigners, the leading leave

campaigners. The present Foreign

3:35:433:35:48

Secretary dismissed all of that,

politics of fear, Craig would carry

3:35:483:35:53

on just as before. Investment would

flow just as before. -- trade would

3:35:533:35:58

carry on. That is what the public

were told as most believed which

3:35:583:36:05

ever way they eventually voted. Even

the Foreign Secretary is going to

3:36:053:36:08

have to read his brief and study the

basis of which international trade

3:36:083:36:11

is conducted in the modern,

globalised economy and we are going

3:36:113:36:16

to have two avoid a House of Commons

which universally expresses belief

3:36:163:36:24

in free trade and quite needlessly

putting protectionist barriers by

3:36:243:36:28

way of tariffs are weight of customs

procedures, by way of regular Tory

3:36:283:36:36

conditions, between ourselves and

our biggest and most important

3:36:363:36:40

market in the world. -- regulatory

conditions. I have listened to him

3:36:403:36:48

and enjoyed listening and debating

with him for many years on the

3:36:483:36:51

subject full but they now represent

orthodoxy, party loyalty and now

3:36:513:36:57

argues there was too much

parliamentary debate and that we

3:36:573:37:01

shouldn't have vote on this, it's

all been settled by the voice of the

3:37:013:37:04

people, I and the rebel. -- I am in

the rebel and despise the policies

3:37:043:37:12

of the Conservative Party that I

have followed for 50 years of mine

3:37:123:37:15

budget of it until he had a

referendum 18 months ago and I have

3:37:153:37:20

not yet seen the light but he and I

remain consistent but probably each

3:37:203:37:26

of us wrong. In the course of it,

there are some very, very serious

3:37:263:37:30

issues to be settled in this Bill

and I have the Government to

3:37:303:37:34

reconsider silly and amendment is

thrown out because they have a good

3:37:343:37:36

article in the Daily Telegraph which

actually might do harm.

3:37:363:37:52

Thank you, Madam Deputy Speaker. It

is a privilege to follow the right

3:37:523:37:58

honourable member. I welcome the

applause on the Labour Party

3:37:583:38:03

benches. Some of them. Over the

weekend we passed the halfway mark

3:38:033:38:13

between the EU referendum and

actually leaving the European Union.

3:38:133:38:17

It is difficult to argue that over

those 500 plus days that we have

3:38:173:38:22

spent that time well and that the

government has a clearer idea on

3:38:223:38:26

where we are. That the votes that

were made by the minister and his

3:38:263:38:32

colleagues in Vote Leave have come

to reality or any nearer to when

3:38:323:38:39

they made those promises, we are no

Nirat to the post Brexit utopia we

3:38:393:38:44

were promised -- we are no closer.

Those looking back on this debate in

3:38:443:38:50

years to come will also look back on

these debates with a sense of

3:38:503:38:57

bewilderment. Not only has this

Parliament set to approve a bill

3:38:573:39:04

which most members think is a bad

idea, but most members think leaving

3:39:043:39:08

the EU is a bad idea, but we are

also being asked to make significant

3:39:083:39:15

changes with an extraordinary

depository of information like no

3:39:153:39:21

other piece of legislation might be

forced through on such little

3:39:213:39:24

information. It is astonishing that

500 days on, the government remains

3:39:243:39:31

clueless about the impact of its

plans and we have still not seen the

3:39:313:39:35

impact assessments that this

Parliament voted for, and that we

3:39:353:39:39

were promised. This would have been

quite useful ahead of this debate

3:39:393:39:44

today, actually. Had this government

been listing to Parliament. --

3:39:443:39:51

listening. All of this by members

opposite who wanted to bring back

3:39:513:39:57

decision-making and power and

so-called sovereignty to the House

3:39:573:39:59

of Commons. What is clear, after all

this time, either the impact

3:39:593:40:08

assessments are being hurriedly

rushed together right now or they

3:40:083:40:10

are too feared to share them, too

scared. Last night's botched efforts

3:40:103:40:18

to win support illustrates the

desperate situation in which the

3:40:183:40:22

government and this Parliament finds

itself. We have been given a choice

3:40:223:40:28

that we could actually approve a

really bad deal or we can approve a

3:40:283:40:33

really really bad deal, that is no

choice at all, and one we should

3:40:333:40:37

avoid at all costs. The right

honourable member raised an

3:40:373:40:43

important point about promises that

were made and there is a point about

3:40:433:40:45

accountability. Good governance in

any Parliament in any legislature

3:40:453:40:54

relies on being accountable, it is

the whole idea of why those of us

3:40:543:40:57

from Scotland travel down and why

those from out side the UK come here

3:40:573:41:03

to hold the government to account,

-- why those from around the UK come

3:41:033:41:12

here. Parliamentary control of the

executive was laid out so that

3:41:123:41:19

government could not sideline this

place, and with the government be in

3:41:193:41:23

its current pickle if the bill had

been passed. Accountability is sadly

3:41:233:41:31

lacking here. Parliamentary can --

control should go deeper, and all of

3:41:313:41:39

us should be accountable for the

commitments we make ahead of any

3:41:393:41:43

election and ahead of any

referendum. We should all do our

3:41:433:41:47

best to implement the manifesto on

which we were elected, regardless of

3:41:473:41:51

how much we disagree with each

other, we have our responsibility to

3:41:513:41:55

our people and we are accountable to

them. I'm left with a quandary. If

3:41:553:42:11

this place is accountable, who is

accountable to provide £350 million

3:42:113:42:17

a week to the NHS? The government

denied it for the who is

3:42:173:42:22

accountable. Who is accountable for

saying Scotland would get new powers

3:42:223:42:29

over immigration? If only the EU

have been successful in getting rid

3:42:293:42:37

of double-decker buses, you wouldn't

have so many promises to splash

3:42:373:42:41

across the sides. I will take an

intervention over the

3:42:413:42:47

accountability.

I'm grateful for the

member giving away. -- way. Would he

3:42:473:42:57

like to add to the comments, like

one from Dan Hannan, don't worry,

3:42:573:43:05

you can vote for Leave, because we

will stay in the singles -- single

3:43:053:43:13

market and the customs union.

That

is a very good point. I would like

3:43:133:43:19

to quote the lead of the Scottish

Conservatives, the problem is with

3:43:193:43:24

quoting her directly, I'm going to

have to paraphrase what she said

3:43:243:43:28

because I read out the quote I would

be held out of order in this place.

3:43:283:43:34

She said, and I have to paraphrase,

she called into question the

3:43:343:43:39

voracity of claims on costs in terms

of the EU and claims made by people

3:43:393:43:45

in government on the EU membership

of Turkey and on the EU army, as

3:43:453:43:51

well, and I cannot quote Haidara

otherwise I would find myself in

3:43:513:43:56

bother -- I cannot quote her direct.

Is he aware of the work done by

3:43:563:44:04

economist for free trade which is

350 million promised to the NHS is

3:44:043:44:08

fundable and is here the agreement

yesterday at the European Union a

3:44:083:44:12

European army? Both of these things

can easily be answered. -- of a

3:44:123:44:19

European army.

If only they had seen

your talent but you could have been

3:44:193:44:25

in government, implementing these

changes. I look forward to the

3:44:253:44:30

conversation that we have as we

passed the same lobbies together

3:44:303:44:34

when we sit to get the health

funding that was promised by those

3:44:343:44:39

who are now in government.

The man

from North East Somerset does have

3:44:393:44:47

his supporters, and they were

retweeting the speech he made which

3:44:473:44:52

called for a race to the bottom, low

regulation Britain.

Excellent point.

3:44:523:44:59

The honourable members and I might

not agree on much, Ruth Davidson and

3:44:593:45:12

myself might not agree on much, but

she was right that we deserve the

3:45:123:45:15

truth. That this place deserves the

truth and accountability over the

3:45:153:45:20

promises that were made. I'm

wondering if the minister who is in

3:45:203:45:24

this place who was making these

promises on behalf of Vote Leave

3:45:243:45:28

will address that and tell us what

is going to happen about these

3:45:283:45:31

promises. These promises were made

to the people before they voted and

3:45:313:45:39

he has a responsibility on that.

Will the member agree that people

3:45:393:45:49

voted to leave the EU because they

voted for a better future, they did

3:45:493:45:53

not vote for Brexit at any cost

including the cost of democracy.

I

3:45:533:45:58

will take one more intervention. And

then I will make progress.

I hope

3:45:583:46:04

the gentleman will read the report

which called into question those

3:46:043:46:14

claims and their voracity on both

sides of the campaign.

If only he

3:46:143:46:29

had stopped them putting that on the

side of a bus, this is

3:46:293:46:31

extraordinary. These who voted gonna

are ministers now, they have got to

3:46:313:46:38

take responsibility -- those who

voted leave, they are ministers now

3:46:383:46:48

and they have got to take

responsibility. If labour got into

3:46:483:46:53

government, they would want them to

live up to their promises and take

3:46:533:46:55

responsibility. This is the

question, on any future referendum,

3:46:553:47:00

we free to say whatever we like

because there will be no one to be

3:47:003:47:05

held account for what happened

afterwards, surely members must

3:47:053:47:13

recognise, on also I've, the damage

that has been done to politics as a

3:47:133:47:19

whole by the promises that were made

by Vote Leave -- on both sides. This

3:47:193:47:25

is one of the many reasons why

deserves to fall, this bill, at the

3:47:253:47:29

border compromise and the member for

Birkenhead made this point, we need

3:47:293:47:35

to have compromise in a Parliament

of minorities, it is almost a year

3:47:353:47:39

since the Scottish Government

published its comprise that would

3:47:393:47:42

have seen us remain part of the

single market. Leaving the EU is

3:47:423:47:50

something I wanted and not something

that my constituents voted for and

3:47:503:47:53

not something that my nation voted

for bubbly nature of compromise is

3:47:533:47:58

one of give and take. -- but the

nature. Remaining part of the single

3:47:583:48:04

market came from experts because we

still listen to experts on this side

3:48:043:48:08

of the house. It was one that was

taken by members of other political

3:48:083:48:14

parties, one that was pushed by the

Secretary of State for Scotland and

3:48:143:48:17

the leader of the Scottish

Conservatives as well. That we

3:48:173:48:20

should remain part of the single

market, and I would urge members to

3:48:203:48:23

look at that deal. Amendment 69,

instead of having us crashing out of

3:48:233:48:32

the European Union, would have us

retaining membership of the EU until

3:48:323:48:34

we sort this out. It is important we

are backing Amendment 79 tonight,

3:48:343:48:39

because it is important that

democracy does not begin and end in

3:48:393:48:45

this place and the devolved

administrations should have a key

3:48:453:48:48

role as we go along, we are now in a

situation where no deal is becoming

3:48:483:48:55

more and more of a reality, and I

will touch upon that in my

3:48:553:48:58

concluding remarks.

In the

referendum campaign the former

3:48:583:49:02

Chancellor said if we leave the

European Union we would be leaving

3:49:023:49:05

the single market, it was made

explicit, but he has spoke about

3:49:053:49:09

future referenda, and he would like

a second referendum in Scotland,

3:49:093:49:16

should the Scottish people vote in

the referendum, 52%, 48%, to leave

3:49:163:49:23

the UK, will he be arguing for a

third referendum after much

3:49:233:49:26

discussion?

This is extraordinary.

Something the Scottish Government

3:49:263:49:32

dead before the independence

referendum, they produced a White

3:49:323:49:38

Paper -- did before. Members here

did not agree with it and she

3:49:383:49:46

campaigned and I respect her for

campaigning to vote no, but we have

3:49:463:49:49

the courage of our convictions to

lay out what we stood for. The mess

3:49:493:49:55

we are in today is because this side

of the house does not have the

3:49:553:49:59

courage of their convictions to lay

out what voting leave would mean.

3:49:593:50:02

And that means a no deal would mean

80,000 jobs gone, cities like

3:50:023:50:13

Aberdeen and Edinburgh losing

billions and the impact on rural

3:50:133:50:17

areas, as well. And on security

issues, I welcome what the Prime

3:50:173:50:22

Minister said, we would lose access

to the EU's security databases,

3:50:223:50:29

combating cross-border crime with a

no deal situation, that is grossly

3:50:293:50:32

irresponsible.

May I just say, from

the perspective of Northern Ireland,

3:50:323:50:40

no deal would be absolutely

disastrous. It would mean inevitably

3:50:403:50:45

a hard border and for those of us

who have grown up in Northern

3:50:453:50:51

Ireland through 32 years of

violence, killing and mayhem, are

3:50:513:50:56

not prepared to sit here and allow

this House to go down the route of

3:50:563:51:00

no deal which endangers people, UK

border officials, along the border,

3:51:003:51:05

it is imperative that we have a

deal.

I would like to thank you, and

3:51:053:51:12

I think members on all sides of this

House would do well to listen to the

3:51:123:51:16

words of the honourable lady.

Northern Ireland was fastly

3:51:163:51:20

overlooked and continues to be

overlooked. One thing that concerns

3:51:203:51:27

me and should concern members on all

sides, we have a no deal scenario

3:51:273:51:33

and ministers playing Russian

roulette with our futures, with the

3:51:333:51:36

future of people in Northern Ireland

and across the UK, the slash and

3:51:363:51:41

burn approach to politics which will

profit absolutely nobody whatsoever.

3:51:413:51:46

I will conclude with this, order us

may disagree on many issues -- all

3:51:463:51:53

of us. But we come to this place,

doing so hoping we will leave the UK

3:51:533:51:59

that bit better off, and I respect

members who try to do this. By

3:51:593:52:05

backing this with this level of lack

of preparedness, we do no such thing

3:52:053:52:10

to leave future generations better

off. So weak are the demands of

3:52:103:52:15

those who backed leaving the EU,

I've heard them not so much on the

3:52:153:52:19

SNP benches, but I've heard them

tackle Labour and Conservative

3:52:193:52:26

colleagues are questioning why they

are trying to put down amendments

3:52:263:52:28

instead of challenging them on the

substance of the amendment that we

3:52:283:52:32

are putting down. We will seek to

amend this bill as it goes through

3:52:323:52:37

and we will seek to find common

cause with colleagues from across

3:52:373:52:39

the house.

3:52:393:52:45

However we know that if we do

achieve what we are trying to rip we

3:52:453:52:48

do reach common ground is to make

the situation not better but less

3:52:483:52:52

bad.

That is not a situation which

any member should ever find

3:52:523:52:55

themselves in when they come to this

house. Madam Deputy Speaker, I would

3:52:553:53:00

urge members to reconsider and urge

the governments to press the reset

3:53:003:53:04

cause. There was far more at stake

than the future of this Government

3:53:043:53:08

or indeed the future any with the

members of this house. Thank you for

3:53:083:53:12

your time.

I would like to start,

Madam Deputy Speaker, by simply

3:53:123:53:23

explaining why it is so important,

contrary to what the honourable

3:53:233:53:26

gentleman has just spoken suggested,

that far from weak arguments as to

3:53:263:53:31

why not we should leave the EU and

why we should repeal the European

3:53:313:53:37

Communities Act 1972, why it is so

absolutely essential that we do so

3:53:373:53:40

if we are going to have a

self-respecting, self-governing,

3:53:403:53:46

democratic country. This Bill, this

whole issue is about one main

3:53:463:53:51

question and the word is democracy.

It is also from which everything

3:53:513:53:55

else necessarily flows all the

economic arguments, all the

3:53:553:54:00

questions relating to trade and the

other matters are all ultimately

3:54:003:54:03

dependent upon the question of

whether or not we have the right to

3:54:033:54:10

govern ourselves in this sacred

House of Commons which is the basis

3:54:103:54:15

on which the people of this country

in general elections make decisions

3:54:153:54:21

of their own free choice, whether it

is to vote for the Labour Party or

3:54:213:54:25

the Liberal Democrats or the FNP or

the Conservative Party, and then to

3:54:253:54:31

make a decision in this house. -- or

the SNP. As to how they're going to

3:54:313:54:36

be governed. I will repeat what I

have said. We have just had

3:54:363:54:41

Remembrance Day. I don't people to

reflect on the fact that for one

3:54:413:54:45

moment, they might just recall the

fact that those millions of people

3:54:453:54:50

who died in both world Wars died for

a reason. It was to do with

3:54:503:54:55

sustaining the freedom of democracy

of this house.

I will certainly give

3:54:553:55:01

way.

Who are you giving way to?

Doesn't democracy presumably

3:55:013:55:11

Government would listen to the will

of the House of Commons who are

3:55:113:55:14

individually elected by their

representatives? Their

3:55:143:55:17

constituencies? Would not be

slightly odd however if he were to

3:55:173:55:21

pursue with this bill without taking

at the Henry VIII Palace?

Simply,

3:55:213:55:28

this house decided in the European

referendum act which was a sovereign

3:55:283:55:33

act of this house and that is the

point the honourable gentleman just

3:55:333:55:36

has made, to decree by six to one in

this House of Commons that he would

3:55:363:55:44

deliberately transfer decisions of

whether to leave or remain in the

3:55:443:55:50

European Union treaty people. I do

not believe it is given for us then

3:55:503:55:55

without repealing that act to be

able then to read journal the

3:55:553:56:01

decisions in this house as to

whether or not we leave or continue

3:56:013:56:03

but I will give way to the

honourable gentleman.

He has made

3:56:033:56:07

some references to the millions of

people who died in two world wars.

3:56:073:56:15

Isn't the fact that those two will

was to place before the existence of

3:56:153:56:20

the European Union and the fact that

we in Europe have lived in this

3:56:203:56:24

country and in Germany, France for

decades in peace, is that not

3:56:243:56:30

because of France and Germany, and

other countries, now being in a

3:56:303:56:34

position of never, ever letting it

go to war because of the European

3:56:343:56:38

Union?

The ads are to be honourable

gentleman is that no two democracies

3:56:383:56:43

have ever gone to war with one

another and if I made declare an

3:56:433:56:46

interest, I do take a general

interest in this because my own

3:56:463:56:50

father was killed in Normandy

fighting for this country and I'm

3:56:503:56:54

proud of the fact he got the

military Cross in Normandy for that

3:56:543:56:57

reason. -- we got the military Cross

in Normandy. I believe many people

3:56:573:57:03

outside in this country really

understand and believe, it's not

3:57:033:57:08

just something which is easy to

explain. It is to do with the fact

3:57:083:57:12

that people understand the real

reasons why self-government is so

3:57:123:57:17

important and this particular

proposal of the European community

3:57:173:57:23

act 1972 which we are now repealing

was the greatest power grabs since

3:57:233:57:30

Oliver Cromwell. The fact is that we

did this in 1972 with good

3:57:303:57:34

intentions. I voted yes in 1975 and

I did it because I believed that for

3:57:343:57:41

the sort of reason the honourable

gentleman has mentioned, that it

3:57:413:57:44

would actually create a stability in

the European Union. The problem is

3:57:443:57:48

it has done exactly the opposite.

Look at all the countries throughout

3:57:483:57:51

the European Union and the grass

roots movement that have taken

3:57:513:57:56

place. The rise of the far right

which I deeply at all which I have

3:57:563:58:00

opposed innocence about the matter

and rebellion back in 1990. -- I did

3:58:003:58:09

set out why I was so opposed to that

treaty because it was creating

3:58:093:58:14

European governments and making this

country ever more subservient to the

3:58:143:58:17

rule-making of the European Union

which, as I said in response to the

3:58:173:58:23

Right Honourable member for

Rushcliffe, has been conducted in a

3:58:233:58:26

manner which has been behind closed

doors. We have been shackled by the

3:58:263:58:30

European wars. The act at one point

in his remarks if we could give one

3:58:303:58:36

example. -- shackled by the European

laws. -- the Ascot at one point. I

3:58:363:58:41

give one good one, in the House of

Commons, we are not allowed to make

3:58:413:58:46

any difference to it. It was opposed

by the Government, opposed by the

3:58:463:58:49

opposition, opposed by all the

employers and opposed by the trade

3:58:493:58:54

unions. What can we do about it?

Absolutely nothing. I will come onto

3:58:543:58:58

that in a minute but I give way.

Very grateful to my honourable

3:58:583:59:09

friend for giving way to me. Would

he agree that once Parliament has

3:59:093:59:14

passed, the repeal of the 1972 act,

ministers will -- once the

3:59:143:59:20

parliament has passed the repeal of

the 1972 act, ministers will not

3:59:203:59:25

have to do the many things the

European Union insists on which the

3:59:253:59:28

parliament cannot discuss or

overturn?

And there are at least

3:59:283:59:34

12,000 if not more regulations.

Every one of which will have

3:59:343:59:40

required a whole act of Parliament

with amendments and stages in both

3:59:403:59:45

houses where the transcript was

available, where people had known

3:59:453:59:48

who voted which way and by, and in

addition to that, what the outcome

3:59:483:59:53

actually was in a democratic

process. Instead of which, as I said

3:59:533:59:58

to my honourable friend from

Rushcliffe and even he conceded the

3:59:584:00:01

fact that I was right on this, it is

done at these lunches and in the

4:00:014:00:08

Council of ministers in a manner

which is really completely lacking

4:00:084:00:14

in democratic legitimacy and yet

because of the consent arrangements

4:00:144:00:17

behind closed doors, it ends through

section two of the communities act

4:00:174:00:22

becomes part of our law. It is

imposed upon us by on voluntary

4:00:224:00:28

consent therefore it is up to either

the people of this country to decide

4:00:284:00:32

by their voluntary consent, their

freedom of choice, that they will

4:00:324:00:36

get out of this just as it was

brought in by a factor parliament

4:00:364:00:41

about the referendum in 1972. I will

certainly give way to the honourable

4:00:414:00:44

lady.

A bank in forgiving way. Have

the member shown just some

4:00:444:00:54

misunderstanding on participate we

democracy rather than one country

4:00:544:00:56

dictating to another, this is the

whole spirit of the European Union.

4:00:564:01:01

Not one country that is sovereign,

it is decided in the round of what

4:01:014:01:07

we are going to take folic.

That

they disillusioned. I been endless

4:01:074:01:15

hours for many years and I have been

in the European Commission for 32 of

4:01:154:01:21

them. -- in this house. I can assure

you with what she said is not

4:01:214:01:26

reflected by the practice of the

European Union. It is a system which

4:01:264:01:32

is essentially undemocratic but I'm

happy to give way to the honourable

4:01:324:01:34

lady.

And very grateful for the

honourable member giving way. Does

4:01:344:01:40

he not feel that there was a sense

of irony that all 12,000 EU

4:01:404:01:44

regulations are now going to be

imported into UK law? And under a

4:01:444:01:51

process which is not going to have

the detailed scrutiny of this house

4:01:514:01:55

because it is going to use Henry

VIII Palace to do it?

-- Henry VIII

4:01:554:02:05

powers. The honourable lady might

realise there is no other way of

4:02:054:02:09

transposing the regulation. I

drafted the original repeal Bill, I

4:02:094:02:13

understand very well. I did so

before the referendum because I

4:02:134:02:15

believed that you are going to win,

I may say to my honourable friend.

4:02:154:02:18

The frugality is that it is a

process whereby bringing it into UK

4:02:184:02:24

law, we will then, for example

agriculture, fisheries, customs and

4:02:244:02:32

various other part of our

constitutional arrangements, we will

4:02:324:02:35

have our own Bill I primary

legislation which will be popularly

4:02:354:02:39

discussed on immigration for example

and he will be able to make

4:02:394:02:43

adjustments accordingly. I certainly

well. Yellow backpack to forgiving

4:02:434:02:46

way, with my honourable friend agree

groovy that every single one of

4:02:464:02:49

those regulations coming into UK law

are already applied by violence

4:02:494:02:53

country and is Parliament?

And to

the satisfaction at the moment?

The

4:02:534:02:59

reality is that we have in fact

incorporated this bill if and when

4:02:594:03:04

it goes through, and I believe it

will, by this method is that the

4:03:044:03:09

honourable member has mentioned on

the basis of our consent. We have

4:03:094:03:12

agreed to those but unfortunately it

does not have the democratic

4:03:124:03:17

legitimacy which will be conferred

upon it when this bill goes through.

4:03:174:03:21

I worried because I just want to

proceed with the basis on which the

4:03:214:03:26

importance that I attach to the

principle of the question of the

4:03:264:03:37

European Court of Justice. I made

this point to the Prime Minister ten

4:03:374:03:43

days ago and again to the Secretary

of State for Brexit the week before

4:03:434:03:47

and it is this. In the case of we

inherited these cases by virtue of

4:03:474:03:54

the European Community 's act 1972

when the treaties which were then

4:03:544:03:58

accumulated since 1956 came upon

pass through section two of the

4:03:584:04:03

European Communities Act. One of the

pieces of case law and there are two

4:04:034:04:09

in particular I just mentioned, many

others but I will just mention two

4:04:094:04:14

maybe three, there was 1963 and one

in 1964. I will quote from the

4:04:144:04:21

judgment of the European Court. What

it says is this, in relation to the

4:04:214:04:28

one in 1953, the unity constitutes a

new legal order in international law

4:04:284:04:32

for whose benefit the states have

limited the sovereign rights. In

4:04:324:04:36

course that in 1964, the court says

the transfer by the states from the

4:04:364:04:43

domestic legal system to the treaty

's legal system of rights and

4:04:434:04:47

obligations arising under the treaty

carries with it a granite limitation

4:04:474:04:50

of their sovereign rights. In 1970,

in another case, the European Court

4:04:504:04:58

said the committee law should take

precedence even over the

4:04:584:05:02

constitutional laws of the member

states, including in basic

4:05:024:05:07

intentional laws relating to

fundamental rights. You cannot get

4:05:074:05:10

more profound than that. They are

effectively stating, and by the way,

4:05:104:05:15

they do this as an assertion within

that court and we, because of

4:05:154:05:19

section three of the European

Communities Act, have set under the

4:05:194:05:23

72 act that we will agree to abide

by those decisions which are mere

4:05:234:05:28

assertions by the European Court. I

will give way.

Will my honourable

4:05:284:05:33

friend agree that all treaties give

up sovereignty, and in sovereignty

4:05:334:05:39

by joining the United Nations and

Nato? So far as the European Court

4:05:394:05:47

has existed for treaty rights,

including operations on an

4:05:474:05:49

amendment, Darcy Ripoll --. He

recalled perhaps the most important

4:05:494:05:55

one of all time many British

governed whenever, to the European

4:05:554:05:59

sentiment to assert our treaty

rights to the City of London and our

4:05:594:06:03

financial services industry could

have a passport to financial

4:06:034:06:07

services within the Eurozone? It was

worth thousands of jobs and ensure

4:06:074:06:11

the benefit of that court of

upholding treaty rights like most

4:06:114:06:15

important treaty rights of the

United Kingdom.

I also remember

4:06:154:06:21

another case to the judge in

question, Northbridge, made it clear

4:06:214:06:24

that by the voluntary consent, we

would actually strike down our own

4:06:244:06:30

acts of parliament by virtue of the

72 act, namely the merchant shipping

4:06:304:06:35

act 1988. So, we are in the position

and I am not engaged in trying to

4:06:354:06:44

the end anyway disingenuous about

this. The fact is that this

4:06:444:06:49

particular European Communities Act

1972 empowers European Court to

4:06:494:06:51

strike down UK acts of Parliament

and that is what the sovereignty is

4:06:514:06:57

all about. They are the void that I

need to make is that... I will give

4:06:574:07:06

way. Girl-mac the honourable

gentleman was talking about

4:07:064:07:08

sovereignty and the bowling of

sovereignty.

The member of

4:07:084:07:13

Rushcliffe made a point that the

pooling of sovereignty... Moving

4:07:134:07:17

forward to the future for more and

new trade deals, how will he achieve

4:07:174:07:21

a new trade deals without

sovereignty? -- without this leading

4:07:214:07:27

sovereignty? All trade deals require

that as said by the members

4:07:274:07:30

Rushcliffe.

I must say to the

honourable gentleman and the member

4:07:304:07:35

of Rushcliffe there is a world of

difference to having agreements by

4:07:354:07:39

virtue of treaties in international

law which actually are matters upon

4:07:394:07:44

which you can make your decisions

about being absorbed into, and

4:07:444:07:50

entangled into a legal order. That

is the difference. It is the

4:07:504:07:54

packaging unit air and its

principles which completely

4:07:544:08:00

undermine the sovereignty of the

south and I'm prepared to concede

4:08:004:08:03

that some people, sure my honourable

friend will be making this point but

4:08:034:08:06

I will try to anticipate it. There

are circumstances in which pooling

4:08:064:08:11

of sovereignty by virtue of for

example Nato and the rest of it are

4:08:114:08:16

claimed to be a genuine pooling but

they are not because you can

4:08:164:08:21

withdraw from it. The whole point

about the European Communities Act

4:08:214:08:24

is that you cannot withdraw from it

except by repealing it in this

4:08:244:08:28

manner. That is what we are doing

now but I will certainly give way.

4:08:284:08:35

He emphasises strongly the

importance of the sovereignty of

4:08:354:08:38

this house, and I agree with him,

and as we leave, isn't it there for

4:08:384:08:42

all the more important that this

sovereign house has a meaningful

4:08:424:08:45

vote upon the terms upon which we

leave, not one that is a take it or

4:08:454:08:50

leave it at the end of the process?

Isn't that the ultimate expression

4:08:504:08:54

of sovereignty? Will he not

therefore support that?

4:08:544:08:57

The answer is that I am supporting

the outcome of the referendum, which

4:08:574:09:01

by virtue of our sovereign Acts of

Parliament, we decided we would pass

4:09:014:09:06

over...

Point of order.

4:09:064:09:12

Delightful though it is to sit

listening to the honourable

4:09:124:09:18

gentleman expiated on all manners of

things, I am struggling to discover

4:09:184:09:25

what it possibly has to do with new

clause 49, or for that matter, any

4:09:254:09:29

of the other amendments or new

clauses that are linked to it.

4:09:294:09:35

I thank The Right Honourable

gentleman for his point of order.

4:09:354:09:38

However, we are debating clause one.

It is quite wide-ranging, and the

4:09:384:09:45

honourable gentleman is in order in

his remarks.

I am most grateful. I

4:09:454:09:51

had actually spotted that, and I am

most grateful for your confirmation

4:09:514:09:54

of the fact that I am within order.

But I will have to just also touch

4:09:544:10:00

on some of the issues that arise by

virtue of this continuous emphasis

4:10:004:10:05

on the virtues of the European Court

of Justice. There is a

4:10:054:10:10

constitutional principle, as I have

already explained. There is also the

4:10:104:10:15

case law, which I have already

explained. But it goes further than

4:10:154:10:18

that, and I would just mentioned the

very great lord justice being --

4:10:184:10:28

gingham, who in his own book, The

Rule Of Law, chapter 12, describes

4:10:284:10:33

the relationship between the courts

in Parliament. And he unequivocally

4:10:334:10:37

comes down in favour of Parliament

and makes it clear that when

4:10:374:10:41

Parliament decides to pass an act,

and in the context, I am referring

4:10:414:10:48

to this bill which we are an acting,

when we pass this bill, it will then

4:10:484:10:54

become an override of all the laws

that have shackled us from the

4:10:544:10:58

European system so far, and also all

the court judgments, save only that

4:10:584:11:05

we have agreed by virtue of the

retained law to bring into, by

4:11:054:11:11

transposition, some aspects of the

process which we got used to, and

4:11:114:11:14

which we can then decide what to do

at a future date. I certainly will.

4:11:144:11:19

I have been waiting for my right

honourable friend. And learn it

4:11:194:11:24

friend, who I happen to know very

well, and have great respect for, so

4:11:244:11:28

I will listen to him with interest.

If I may just say to my honourable

4:11:284:11:33

friend, I don't think he can have it

both ways. He was talking a moment

4:11:334:11:36

ago about direct effect. If we leave

the European Union, there is no

4:11:364:11:42

doubt that direct effect will cease

on the day that we go, but in fact,

4:11:424:11:48

as he, I'm sure, nose, there are

about 800 treaties to which we are

4:11:484:11:53

signed up that have mechanisms which

can lead to judgments that affect

4:11:534:11:57

the UK, and we then undertake to

implement, sometimes by changing our

4:11:574:12:03

own laws. So I don't quite

understand why he has this obsession

4:12:034:12:07

with the court of justice of the

European union if in fact its direct

4:12:074:12:13

effect is removed, but we have to be

subject to it during the

4:12:134:12:16

transitional period when we are

leaving.

4:12:164:12:18

He makes that point, but I have to

say I don't think that matter has

4:12:184:12:22

been entirely settled by any means.

The honourable lady from the SNP

4:12:224:12:28

earlier referred to a lunch she was

at in which it appears that she was

4:12:284:12:32

told that we are going to be subject

to the European Court of Justice,

4:12:324:12:37

and my right honourable friend has

made exactly the same point. I have

4:12:374:12:40

to say that there are serious

questions about the nature of the

4:12:404:12:44

European court, and I would like to

turn to some of those right now. The

4:12:444:12:49

problem is this girl European court

itself is essentially not an

4:12:494:12:57

impartial court at all. And I can

only say this: That it has never

4:12:574:13:06

discharged its function impartially,

and that from the 1960s, it

4:13:064:13:10

developed a range of principles such

as those of the uniform application

4:13:104:13:13

of effectiveness of EU law, which

are then expanded its own volition

4:13:134:13:18

into the general principles of the

supremacy of direct effect of the EU

4:13:184:13:22

national law. These principles had

no basis in the EU treaties until

4:13:224:13:28

the Lisbon Treaty, which is a matter

of fact, my right honourable friend

4:13:284:13:32

was then Attorney General and

actually opposed. So the fact is,

4:13:324:13:37

until Lisbon,... I'm afraid not, I'm

think I must proceed. The fact is,

4:13:374:13:46

none of these principles had any

bases in EU treaties, and the

4:13:464:13:49

principal of the primacy of EU law

is a judicial creation recently

4:13:494:13:55

codified and no more than that.

However, because we have accepted

4:13:554:14:00

the judgments of the European court

under section three of the European

4:14:004:14:06

Communities Act, which we are going

to repeal, we are saddled with this,

4:14:064:14:09

and that is one of the things we are

going to unshackle. Also, in terms

4:14:094:14:15

of interpretation, it is done in the

European court by what is known as

4:14:154:14:20

the purposive approach. Of course,

there are many different purposes

4:14:204:14:25

which can be in conflict with one

another, and the method of

4:14:254:14:28

interpretation which is applied is

anything but satisfactory. I would

4:14:284:14:32

say to those who want to advocate

the European court, whether in the

4:14:324:14:36

transitional period or in general,

beware what you wish for, because

4:14:364:14:41

the actual European court can create

havoc in relation to our trading

4:14:414:14:46

arrangements.

If the gentleman is so

opposed to the European Court of

4:14:464:14:54

Justice, what is his dispute

resolution mechanism than going to

4:14:544:14:57

be? Independent States need a

dispute resolution mechanism where

4:14:574:15:00

they cede sovereignty. You give some

of your sovereignty, get some of

4:15:004:15:05

somebody else's will stop so what is

it going to be?

4:15:054:15:09

Will the honourable gentleman

4:15:094:15:11

before the honourable gentleman

response, I have been generous in

4:15:154:15:18

letting him range over a number of

subject.

I would like to gently

4:15:184:15:22

remind him there aren't number of

speakers in this debate, so I'm sure

4:15:224:15:25

his list is now a little shorter

than it was before in terms of the

4:15:254:15:29

European Court of Justice. Test

there are a number of speakers.

4:15:294:15:32

On that point, the European court is

seriously deficient in a whole range

4:15:324:15:36

of matters, but on the question that

has just been raised, which I would

4:15:364:15:42

like to deal with before I sit down,

in fact, the idea has been put

4:15:424:15:46

forward by Martin Howard QC, and I

put it forward myself in the house

4:15:464:15:52

with regard to a system of

jurisdiction which would be more in

4:15:524:15:56

the nature of an arbitration, where

there might for example be retired

4:15:564:16:00

European court judges, or for that

matter... Or whatever, who would

4:16:004:16:07

then be able to adjudicate, but it

would be on a bilateral basis, not

4:16:074:16:11

on the basis of a decision that was

taken by the European court itself.

4:16:114:16:15

It is possible to come up with a

solution to this problem, but I

4:16:154:16:20

recognise the problem. On that note,

mad and deputy speed, I would simply

4:16:204:16:25

say that we are now embarked upon a

massive restoration of

4:16:254:16:30

self-government in this country.

This bill is essential to achieve

4:16:304:16:34

it, and in my opinion, it should be

passed without any of the obstacles

4:16:344:16:39

and frustrating tactics that have

been putting its way.

4:16:394:16:41

Yvette Cooper.

Thank you. I want to speak to

4:16:414:16:51

amendment 386, which has cross-party

support and which I tabled late last

4:16:514:16:53

night. The minister who has just

left... I apologise, no, he is

4:16:534:17:02

there. He said in his remarks that

my amendment was somehow introducing

4:17:024:17:06

chaos into this process. Now, with

the greatest of respect, to the

4:17:064:17:12

minister, after a fortnight in which

the government has seen the Foreign

4:17:124:17:16

Secretary, the development

secretary, the former and current

4:17:164:17:18

Defence Secretary and the Cabinet

Secretary also assumed in

4:17:184:17:22

controversies, I think the

government is doing quite well on

4:17:224:17:24

the chaos front without any help

from me. And also, the idea that the

4:17:244:17:31

minister could somehow say that it

introduces chaos into the process to

4:17:314:17:38

take out the date XXXX it day and

put it in a different bill, when

4:17:384:17:42

ministers didn't even want it in any

bill at all, just five days ago,

4:17:424:17:48

makes the government's argument look

rather silly. So to talk about the

4:17:484:17:55

purpose of what this amendment would

do, it would require Parliament to

4:17:554:17:58

vote on the terms of withdrawal

through primary legislation before

4:17:584:18:02

Brexit day. It would mean that exit

date in UK law would be set not in

4:18:024:18:08

this bill, but in a future bill,

either in the withdrawal agreement

4:18:084:18:12

and implementation bill that the

government announced yesterday, or

4:18:124:18:16

if there is no deal at all, through

an alternative bill setting out the

4:18:164:18:19

terms of departure and presumably

whatever implementation plan would

4:18:194:18:25

be needed in those circumstances. So

the focus of the amendment is not to

4:18:254:18:31

dispute the government's intentions

about the timing of accident day, it

4:18:314:18:34

is simply to ensure that there is a

proper parliamentary, democratic

4:18:344:18:38

process before we get to that date.

The central focus is not the date

4:18:384:18:43

itself, but a requirement on the

government to do as it has promised

4:18:434:18:48

and set out a meaningful vote for

Parliament in advance of that date.

4:18:484:18:56

And it also ensures that Parliament

can properly respond, whatever the

4:18:564:19:00

outcome of the government's

negotiations might be, rather than

4:19:004:19:04

being inadvertently timed out if

things go badly wrong. Yesterday, we

4:19:044:19:09

learned from the government that

there would be a second bill

4:19:094:19:13

implementing the withdrawal

agreement, and that is welcome,

4:19:134:19:16

because it was the subject of other

amendments I had put down, the right

4:19:164:19:21

honourable member for Beaconsfield

had put down, because we were

4:19:214:19:25

concerned Parliament should not give

the executive a blank check through

4:19:254:19:27

this bill on the limitation of

withdrawal bill that has not yet

4:19:274:19:30

happened. Rather less welcome was

the government's admission that

4:19:304:19:35

further legislation might not

actually happen before Brexit day

4:19:354:19:38

itself. Even less welcome was the

Brexit Secretary's admission that

4:19:384:19:43

the vote on the withdrawal agreement

itself will simply be a take it or

4:19:434:19:47

leave it vote, and that therefore if

the government negotiates a bad deal

4:19:474:19:53

with no implementation plan in place

or things go the wrong way,

4:19:534:19:57

Parliament simply has too accept it

or choose no deal at all. And

4:19:574:20:04

because Brexit day, another

government's proposals, would be

4:20:044:20:08

embedded in the primary legislation

through this bill, it would become

4:20:084:20:12

legally and constitutionally

possible for ministers to just let

4:20:124:20:15

us drift towards accident day

without Parliament being able to

4:20:154:20:20

insist on any kind of implementation

preparations or any kind of plan at

4:20:204:20:24

all. And that is a concentration of

power in ministers' hands, a

4:20:244:20:31

concentration of power in the hands

of the executive that is simply

4:20:314:20:34

unacceptable, that no legislature

should never accept, and certainly

4:20:344:20:38

not this legislature, certainly not

right now, when we have a hung

4:20:384:20:43

parliament that we were given by the

electorate less than six months ago.

4:20:434:20:48

And certainly not our Parliament,

for whom the sovereignty of this

4:20:484:20:52

Parliament has been such a key issue

throughout the debates on the

4:20:524:20:56

referendum. What this amendment does

is strengthen the democratic process

4:20:564:21:02

around Brexit. It makes sure that

Parliament actually gets to vote on

4:21:024:21:05

the terms of withdrawal, whether

there is a deal or no deal. Before

4:21:054:21:09

we get to exit date. It implements

the government's commitments to a

4:21:094:21:17

meaningful parliamentary vote. If

all goes to the government's plan

4:21:174:21:21

and according to their promises, if

they have the timetable that they

4:21:214:21:25

want around transition agreement

being agreed in the early part of

4:21:254:21:28

next year, around the withdrawal

agreement being agreed by the

4:21:284:21:31

autumn, if all goes to plan and we

get the kind of deal that the

4:21:314:21:35

government has promised in terms of

the benefits that it will bring,

4:21:354:21:40

then all that this amendment does is

simply hold the government to that,

4:21:404:21:45

and it simply implements the

government's intentions and

4:21:454:21:47

timetables. But it does hold the

government to what the Brexit

4:21:474:21:52

secretary said yesterday it was his

primary plan in terms of the

4:21:524:21:56

timetable. It holds ministers to it

on the face of the bill, and it

4:21:564:21:59

would prevent the government from

delaying the legislation beyond a

4:21:594:22:06

withdrawal date. It links the timing

of exit to the terms of Exeter in

4:22:064:22:12

the parliamentary process. -- the

terms of X it. It prevents the

4:22:124:22:17

Parliament from getting time-out,

because it gives Parliament the

4:22:174:22:19

final say. If the government's plans

go wrong, which I hope they will

4:22:194:22:24

not, it also gives Parliament a say

in how the country should respond.

4:22:244:22:29

If, for example, we end up with no

deal at all, or run out of time, I

4:22:294:22:34

hope that will not happen, but in

those circumstances, if the whole

4:22:344:22:37

thing goes belly up, it gives

Parliament a role, allows for a

4:22:374:22:42

debate on whether the government

should go back to the negotiating

4:22:424:22:45

table or should just walk away. It

allows for a debate about the timing

4:22:454:22:49

of Brexit day. It allows Parliament

debates and decide rather than just

4:22:494:22:53

bring up our hands and leaving it to

ministers, rather than just ripping

4:22:534:22:57

along. Let me give you a specific

example. Let's suppose the

4:22:574:23:02

government comes forward with

withdrawal terms which do not

4:23:024:23:05

include a security deal. The Home

Secretary has said that is

4:23:054:23:10

unthinkable, and like her, I expect

the security deal to be done, as it

4:23:104:23:13

is in all of our interests, here and

on the continent. However, the EU

4:23:134:23:19

security commissioner has warned,

just because every body agrees that

4:23:194:23:21

something is the right thing to do,

doesn't mean it is easy. What if we

4:23:214:23:25

get some kind of deal that doesn't

include security deal? Is Parliament

4:23:254:23:31

really going to bind its hands now

and let the UK crash out on March 29

4:23:314:23:38

without any kind of arrangements for

security cooperation, so people

4:23:384:23:41

literally have to be released from

police custody because you cannot

4:23:414:23:45

use the arrest warrant? Or without

an aviation deal, so that claims

4:23:454:23:50

literally have to be stuck on the

ground? I do not expect that to

4:23:504:23:54

happen. But I'll is an that it is

not impossible.

4:23:544:24:00

If it does happen, I want the chance

to argue for urgent action to make

4:24:004:24:04

sure that we don't, to make sure

that we have an urgent contingency

4:24:044:24:08

plan, to make sure action is taken

to protect our security and keep our

4:24:084:24:13

country safe.

It's a very important

point. She heard with me this

4:24:134:24:19

morning the Mayor of London setting

out very clearly the implications of

4:24:194:24:23

not having a security treaty in

place for safety of London, let

4:24:234:24:26

alone the rest of the country. I

would agree with appointees making.

4:24:264:24:32

That was the evidence that we heard

and Parliament itself has a

4:24:324:24:36

responsibility to contingency plan.

Whatever it is we hope might happen

4:24:364:24:40

over the course of the next 12

months, we have a responsibility to

4:24:404:24:44

make sure we have the plans in place

for every eventuality and that

4:24:444:24:49

Parliament can take some

responsibility in responding. Right

4:24:494:24:54

now, with the government's

amendments put in and without my

4:24:544:24:58

amendment, it would theoretically be

possible for us to just drift

4:24:584:25:01

towards exit day without any

substantive opportunity for

4:25:014:25:05

Parliament to step in. Maybe to

amend the Bill on the withdrawal

4:25:054:25:09

terms, to require the government

changes plan, maybe to negotiate

4:25:094:25:15

some more. That would be up to us in

Parliament to decide, but we won't

4:25:154:25:19

get the chance to decide on the

current plan of the government.

I'm

4:25:194:25:23

sure she will have noticed the

sensible comments by the policy

4:25:234:25:29

resources chairman of the City of

London Corporation that whilst an

4:25:294:25:33

orderly Brexit might not be the

desired outcome that she and I would

4:25:334:25:38

have, and orderly Brexit with proper

transitions is manageable flower

4:25:384:25:43

financial services sector. But a

disorderly one, one which for

4:25:434:25:48

example was a result of our

inability to extend negotiations for

4:25:484:25:51

a short period if need be would be a

disaster for this country and is

4:25:514:25:56

regarded as being on the same level

by some firms as the threat to cyber

4:25:564:26:00

security. On that basis isn't it

foolish for the government to put

4:26:004:26:07

alleviate on the face of the Bill.

I

share the concerns of the honourable

4:26:074:26:12

member, a fellow select committee

chair. We've both heard evidence

4:26:124:26:17

around the concerns for Security and

of the wider issues. I share with

4:26:174:26:21

him to my personal views about the

importance of having a transition

4:26:214:26:25

period. The importance of a smooth

process in place. To be honest,

4:26:254:26:30

whatever our member's views are,

whatever views are and whether there

4:26:304:26:35

should be a transition, or they

shouldn't, how we should respond to

4:26:354:26:39

different negotiating outcomes, it

should still come back to Parliament

4:26:394:26:43

to debate and decide before we reach

exit day and not after. That is what

4:26:434:26:49

Parliament should be about, that is

what Parliament should be for. The

4:26:494:26:54

government were irresponsible not to

give Parliament the opportunity to

4:26:544:26:57

debate and to take a view on the

terms and on the timing once those

4:26:574:27:02

are agreed. There is actually a

common in what the ministers said

4:27:024:27:07

earlier. -- a con. Led the

government does recognise there may

4:27:074:27:15

be circumstances in which exit day

has to be changed. The Minister said

4:27:154:27:20

that clause 17 wouldn't apply, that

somehow this wouldn't allow the

4:27:204:27:25

government to change the exit day

through regulations after it had

4:27:254:27:28

been passed through the Bill. That's

not the advice I've had. It's not

4:27:284:27:32

the advice of the House of Commons

library gave me. The combination of

4:27:324:27:38

clause nine and amendment 383 would

still allow ministers to change exit

4:27:384:27:45

day if it so chooses, and if it

thinks it is appropriate. That is

4:27:454:27:50

the impact of the Henry VIII powers

we have. We understand, ministers in

4:27:504:27:56

fact may want to have the provision

to be able to come back and say exit

4:27:564:28:01

day needs to change because we've

reached the 11th hour. Because the

4:28:014:28:06

negotiations may need to be extended

by an extra month, or the process

4:28:064:28:09

may need to be changed. Ministers

have kept that power in the Bill for

4:28:094:28:15

themselves. But why should the power

just be reserved for ministers? Why

4:28:154:28:20

can't Parliament have that power to?

I think that is the floor at the

4:28:204:28:24

heart of their bills. If an

unforeseen or difficult

4:28:244:28:29

circumstances, ministers need to

change the timetable they can. But

4:28:294:28:34

Parliament will have no choice, no

say and no ability to do so.

Does

4:28:344:28:40

the honourable lady agree that if

Parliament does have that

4:28:404:28:44

opportunity it would be taking back

control. It would be returning

4:28:444:28:48

sovereignty, and it would be

returning sovereignty not to the

4:28:484:28:53

executive but to this House.

I think

she is right. We've had all of these

4:28:534:29:00

debates about taking back control,

Parliamentary 70, yet somehow the

4:29:004:29:04

ministers seem to want to rip that

up. What they are trying to do is

4:29:044:29:08

concentrate huge amounts of power in

the hands of ministers rather than

4:29:084:29:11

giving the whole of Parliament a

save. I think ministers have to stop

4:29:114:29:16

infantilising Parliament and

treating it as if it is the enemy.

4:29:164:29:20

The truth is, the sky didn't fall in

because Parliament had a vote on

4:29:204:29:25

Article 50. They told us the whole

process would be stopped, it didn't.

4:29:254:29:31

Each and every one of us understands

that we have obligations and

4:29:314:29:36

responsibilities towards the

referendum result, just as we have

4:29:364:29:41

obligations and responsibilities

towards the negotiation process that

4:29:414:29:43

the government has to conduct on our

behalf, and we cannot directly

4:29:434:29:47

conduct for it. We know that we have

those different responsibilities and

4:29:474:29:52

we know that we have to take mature

and responsible decisions, given the

4:29:524:29:57

complexity of the situation that

every single one of us is faced

4:29:574:30:00

with. We don't think those decisions

should be entirely in the hands of

4:30:004:30:05

ministers. We think the whole of

Parliament should have a say on

4:30:054:30:10

something so important.

I thank you

for giving way. She's making an

4:30:104:30:16

incredibly powerful speech and

argument. Would she not also agree

4:30:164:30:19

with me that to have the vote and

support of Parliament behind the

4:30:194:30:25

government and the action it takes

would also strengthen its hand in

4:30:254:30:29

relation to negotiations in the

European Union?

I do agree with

4:30:294:30:34

that, because I think credit should

be about the whole of Parliament. As

4:30:344:30:40

Parliament did when we had the

Article 50 debate. We know it's

4:30:404:30:44

complex, it is our job and our

responsibility in a democracy to

4:30:444:30:48

deal with that complexity, not to

just abdicate our responsibility,

4:30:484:30:53

and to hand it over to ministers

because somehow it's too difficult

4:30:534:30:57

for us in Parliament to deal with.

Of course it isn't, of course we are

4:30:574:31:02

capable of dealing with the complex

situation we face.

Does she also

4:31:024:31:07

agree with me that in having the

debate, which we haven't had, we

4:31:074:31:13

simply haven't had them, but of

course is not lost on the European

4:31:134:31:17

Union but it's also not lost on the

people of this country. If we had

4:31:174:31:22

those debates and we actually had a

real say in what Brexit was going to

4:31:224:31:26

look like, we would begin to form a

consensus and would begin to bring

4:31:264:31:31

people right across the UK together

in getting that good deal and

4:31:314:31:40

reuniting so many divided

communities, families and friends.

I

4:31:404:31:44

do agree with the honourable member,

because the truth is that the plans

4:31:444:31:49

that our Brexit future have to be

sustainable. They have to come and

4:31:494:31:54

consent. They will have implications

for very many decades to come. They

4:31:544:31:58

have to give us the chance to heal

the Brexit divide across the country

4:31:584:32:03

from the referendum. They have to

give Parliament the chance to debate

4:32:034:32:06

the details, to have that proper

honest debate about what that will

4:32:064:32:10

mean across the country.

Would she

agree that perhaps if things had

4:32:104:32:17

gone differently in last week 's

debate, where the information had

4:32:174:32:21

been laid before the House, and that

the motions might not be running so

4:32:214:32:26

high -- emotions might not be

running so high?

We need more

4:32:264:32:30

transparency. I want to draw my

remarks to a close now. This

4:32:304:32:35

amendment gives Parliament the

opportunity to take back control.

4:32:354:32:40

The honourable member for Stone said

he wants us to debate in this House

4:32:404:32:49

how we are governed. Don't

concentrate power in the hands of

4:32:494:32:52

ministers. At a time when we have

seen democratic values and

4:32:524:32:57

democratic institutions undermined

and under threat across the world,

4:32:574:33:00

we have a greater responsibility to

ensure there is a proper democratic

4:33:004:33:05

process and we follow our

obligations that come with the

4:33:054:33:11

Parliamentary oath that we took. So

much of the debate that we had in

4:33:114:33:15

the referendum was about

Parliamentary sovereignty. What this

4:33:154:33:19

amendment does is make that real.

Dominic Grieve.

4:33:194:33:25

It's a great pleasure to follow the

right honourable lady in this

4:33:294:33:32

debate. Particularly as the matters

on which I wish to touch concern her

4:33:324:33:36

amendments. I hope the House will

forgive me if I start briefly with

4:33:364:33:41

the opening remarks of the

honourable member for Birkenhead. I

4:33:414:33:46

hope you'll forgive me and I'm sorry

if he's not in his place but I hope

4:33:464:33:50

you'll forgive me if I say that the

words he articulated were ones I

4:33:504:33:54

could fully understand and

appreciate, I've heard them often

4:33:544:34:01

enough from right-thinking people

who want the best from our country.

4:34:014:34:04

They also contained with them

simplicity. Those simplicities do

4:34:044:34:11

not match the problems this House

faces in disentangling our

4:34:114:34:18

relationship from the European

Union. This has been an issue that

4:34:184:34:22

has bedevilled the entire debate on

Brexit and Remain, and is one of the

4:34:224:34:30

reasons we find ourselves where we

are today. I happen to believe that

4:34:304:34:34

what we did last year was a great

and historic error. I can't help it,

4:34:344:34:39

nothing that has happened since is

going to alter my view. But I also

4:34:394:34:44

recognise my responsibility as a

member of Parliament to try to give

4:34:444:34:48

effect to what the public asked for

in their response to that

4:34:484:34:52

referendum. In doing so, I am

certainly not willing to suspend my

4:34:524:34:58

own judgment, particularly when I

have to witness what I see as an

4:34:584:35:04

extraordinarily painful process of

national self mutilation which I am

4:35:044:35:09

required to facilitate. I can't

escape that, that's what I feel. I'm

4:35:094:35:13

not going to abandon that because

I'm ordered to do so by anybody

4:35:134:35:17

else. With that in mind, I have to

say to the honourable member for

4:35:174:35:25

Birkenhead that what he's asking for

is the desire perhaps of many people

4:35:254:35:30

in this country which is to go to

bed at night and wake up and find

4:35:304:35:34

the whole being is over and done

with. Unfortunately it's not going

4:35:344:35:37

to be over and done with for a very

long time. The problem we have in

4:35:374:35:42

this Bill on which we have to focus

is how we tried to take this risky,

4:35:424:35:49

dangerous, for our economy, for our

national security, our national

4:35:494:35:55

well-being, difficult and dangerous

process to a reasonable outcome.

4:35:554:36:01

Bear with me one moment and I'll

give way. That is the challenge

4:36:014:36:05

we've got. In doing that, Parliament

cannot simply abdicate its

4:36:054:36:13

responsibility to the executive. Of

course the executive has to get on

4:36:134:36:16

with the business of complex

negotiations. But Parliament is

4:36:164:36:20

entitled to take a check on this at

every conceivable stage. The problem

4:36:204:36:27

is, as the difficulties have piled

up and frankly in my view the

4:36:274:36:31

difficulties were predictable and

predicted, the tendency has been,

4:36:314:36:36

and I have to say this to my

honourable friends on the Treasury

4:36:364:36:41

bench, is that everybody has got

more and more brittle, more and more

4:36:414:36:48

unwilling to listen, more and more

persuaded that every suggestion is a

4:36:484:36:53

form of treason, and finally

culminating last Friday with a mad

4:36:534:37:01

amendment, table I believe actually

without any collective

4:37:014:37:03

decision-making in government at

all, and accompanied by

4:37:034:37:09

bloodcurdling threats that anybody

who might stand in its way was in

4:37:094:37:13

some way betraying the country's

destiny and mission.

4:37:134:37:19

And I am afraid I am just not

prepared to go along with that. I

4:37:194:37:22

will give way.

I thank him for giving way, and then

4:37:224:37:26

I welcome his amendments, to get

through the Alistair the looking

4:37:264:37:32

glass absurdity of different Exeter

St David's were different purposes.

4:37:324:37:35

-- Alice Through The Looking Glass.

All His amendments are eminently

4:37:354:37:42

sensible. The right Honourable

member has a ready describe very

4:37:424:37:45

entertaining reasons for a bill that

allowed ministers to name different

4:37:454:37:53

days to one that named a specific

time. That was a sop to the denizens

4:37:534:37:57

of what he called the rear fourth

gallery under the balcony. But have

4:37:574:38:01

the right honour member reflected on

what such a fundamental change

4:38:014:38:06

signals to our partners in the EU as

to how serious we are and how

4:38:064:38:10

carefully we have thought this

context processed through?

4:38:104:38:16

There is no doubt that some of the

problems that we have are

4:38:164:38:20

undoubtedly not going to be helpful,

I think, in our negotiation.

4:38:204:38:24

Equally, it is right to say that the

more we can have mature, sensible

4:38:244:38:29

and considered debate in this house,

I would have thought the more our

4:38:294:38:32

ability to negotiate with our EU

partners is improved. As far as I am

4:38:324:38:37

concerned, I have tabled a number of

amendments. Like all amendments,

4:38:374:38:40

some are multiple choice. We don't

have to do this in this house. This

4:38:404:38:47

is how we actually go about looking

and examining legislation. Some are

4:38:474:38:50

probing amendments. Some in my view

more important others. The one

4:38:504:38:55

highlighted by the honourable

gentleman is indeed the fact that

4:38:554:38:59

the government did not explain it

wanted to have multiple exit dates.

4:38:594:39:04

I wanted to tease out what that was

four and suggest that perhaps one

4:39:044:39:07

exit date might be better because of

the consequences and using Henry

4:39:074:39:11

VIII powers thereafter. There might

even be a justification for doing

4:39:114:39:14

what the government is doing. So all

that needs to be worked through in

4:39:144:39:18

this legislation, and that is what I

have sought to do, and if I may say

4:39:184:39:22

to my friends on the Treasury bench,

in the course of the last few weeks,

4:39:224:39:27

we have had some really sensible,

constructive discussions on some of

4:39:274:39:31

the areas of the amendments which I

have presented. I hope very much we

4:39:314:39:36

can achieve some degree of

consensus, in which case, some of

4:39:364:39:40

these amendments may not be

required, whether it is the triage,

4:39:404:39:43

whether it is the way we treat

retained EU law. I don't wish to get

4:39:434:39:49

diverted into that. We will come

back to it at this bill goes

4:39:494:39:52

through. The trouble is, and I

repeat this, all this gets marred

4:39:524:39:58

when you get events like last

Friday, and you get these

4:39:584:40:03

extraordinary amendments suddenly

magic out of the blue Ridge simply

4:40:034:40:05

do not make any sense. And I might

add, the other problem which comes,

4:40:054:40:14

when I read the amendments and the

consequentials, which I must say, I

4:40:144:40:19

only saw this morning, one of the

consequentials that has already been

4:40:194:40:22

highlighted seems to me to totally

undermine the purpose of the main

4:40:224:40:26

amendment to the point where the

conspiracy theorist in me maybe

4:40:264:40:29

thought it was a sort of double

deceit, double bluff, that it was

4:40:294:40:33

intended in some way to give the

impression to some of my honourable

4:40:334:40:37

friends, who really worry about

this, that they were being offered

4:40:374:40:39

this stone tablet of our departure,

but in fact, it was teasingly

4:40:394:40:44

capable of being shifted. My

honourable friend the Solicitor

4:40:444:40:49

General sent me a text earlier

saying I am mistaken about this,

4:40:494:40:52

that it was not the intention, it

was the very reverse. I have to say,

4:40:524:40:57

these are one of those matters

where, I am not a parliamentary

4:40:574:41:03

draughtsman, and I certainly know

that there are always different ways

4:41:034:41:06

in which you can read and amendments

to a statute. But I remain of the

4:41:064:41:11

view that it is very peculiar

wording indeed, if the intention is

4:41:114:41:16

to exclude the possibility of

playing around with the except date,

4:41:164:41:20

which is being offered as this

talisman. -- the except date. I must

4:41:204:41:25

say, I did not really begin to

wonder whether or not the

4:41:254:41:28

parliamentary draughtsman was so

appalled at the folly of what the

4:41:284:41:32

government was doing that here had

sneakily altered this clause to try

4:41:324:41:38

to offer them a lifeline in case

they came to regret what they had

4:41:384:41:42

done! But I'm sure that is being

very unfair to the parliamentary

4:41:424:41:51

draughtsman, who, I know, always

does what is requested of him or

4:41:514:41:54

her. I will give way.

Isn't the

tendency of any government,

4:41:544:41:59

specially when it has a major

project on its hands such as this,

4:41:594:42:02

to try to manage the project and try

to manage Parliament? But has he

4:42:024:42:08

discovered over recent weeks, the

truth of the matter is, in this

4:42:084:42:12

House, there is a consensus. It

embraces all of these benches, a

4:42:124:42:17

significant number of the

backbenchers on that side, and

4:42:174:42:20

actually, half the government. I can

see at least three, possibly four

4:42:204:42:24

government ministers on the front

bench now who would be signing up to

4:42:244:42:27

his amendments. Would be far more

rational for the governments in the

4:42:274:42:31

to calm down about this process and

try to establish a consensus that

4:42:314:42:36

can carry the country forward?

Iron doors what the honourable

4:42:364:42:43

gentleman says, and that's precisely

what I wanted to start suggesting

4:42:434:42:46

the front bench. It seems to me

there are a number of key areas in

4:42:464:42:53

this debate this afternoon. The

first is the recognition, belated,

4:42:534:42:57

but I am grateful for it

nonetheless, that leaving the EU

4:42:574:43:01

requires statutory authority from

this house to make it part of the

4:43:014:43:04

rule of law of our land. It is a

very important principle. Indeed, I

4:43:044:43:11

begin to detect that the government

also recognises at some point in the

4:43:114:43:15

future, if we get beyond transition,

we will probably need another

4:43:154:43:18

statute to alter the law of our land

for any final agreement that we have

4:43:184:43:21

with our EU partners. And we are

going to have to take it in a

4:43:214:43:28

measured way, and the government is

going to have to accept that

4:43:284:43:31

parliament being sovereign, must at

the end of the day, have the ability

4:43:314:43:37

to support or reject this. There is

no way around it. Of course, we can

4:43:374:43:42

have hypothetical questions about,

well, there might be nothing to

4:43:424:43:44

reject because we might be falling

out of the EU with no agreement.

4:43:444:43:48

Indeed, yes. But we will discover

that when the time comes. In the

4:43:484:43:53

meantime, the government should get

on with his negotiation, and we can

4:43:534:43:56

continue scrutinising them about

that, and at the end, we want a

4:43:564:44:00

statute. And that statute, and I

think it has been acknowledged by

4:44:004:44:03

the Right or gentleman and that

member for whole Tim Price and

4:44:034:44:06

Howden, has got to come, obviously,

before we leave. -- Holton price.

4:44:064:44:14

That brings one to a critical issue

in this debate. The best point made

4:44:164:44:21

by the Right Honourable gentleman

yesterday, and I will be questioning

4:44:214:44:28

him, was whereas moving into a

transition is a qualified decision,

4:44:284:44:33

actually getting extension, for

example, to Article 50, requires

4:44:334:44:35

unanimity. So the government may be

dealing with legitimate anxiety that

4:44:354:44:40

there could be circumstances where

the whole thing running up to the

4:44:404:44:47

wire, it could be in difficulty

implementing by statute. I

4:44:474:44:53

personally think this seems

inherently implausible, because on

4:44:534:44:56

the face of it, if our parliaments

agree a deal with this, why they

4:44:564:44:59

should then turn around and talk

about perfidious Albion, and we'd

4:44:594:45:03

probably think they are all sort of

garlic eaters, but on the whole, I

4:45:034:45:07

can't really see why, at the end of

the day, if they want to do a deal

4:45:074:45:12

with us, they should decide to pull

the rug from under our feet in such

4:45:124:45:16

an extraordinary fashion in order to

tell us that we can't have an

4:45:164:45:20

extension to article 54 the

necessary two or three months to

4:45:204:45:23

take through our statutory processes

while, of course, they have to take

4:45:234:45:28

their processes to the EU parliament

as well. I will give way.

I am

4:45:284:45:33

grateful for him giving way. Was he

alarmed yesterday as I was when I

4:45:334:45:38

asked the honourable member, the

Secretary of State, that given the

4:45:384:45:43

Prime Minister had asked in

September for this extension, six

4:45:434:45:46

months after she trickled Article

50, this to a three-month extension,

4:45:464:45:50

he did not have any clue when the EU

27 might agree? I know a number of

4:45:504:45:55

the media think this is

automatically coming, but there is

4:45:554:45:57

no guarantee as we speak. Would he

find that alarming that the EU might

4:45:574:46:01

indeed find itself out because of

his own actions and marched? -- in

4:46:014:46:06

March.

There are massive

uncertainties in this, and I don't

4:46:064:46:11

want to pile gloom and the Treasury

bench. All I would say is, there are

4:46:114:46:18

risks, and the government has got an

important point on this. But if that

4:46:184:46:21

is the case, the proper dialogue

that should be taking place between

4:46:214:46:27

the Treasury bench and the house is

how we craft and alter this

4:46:274:46:30

legislation, both to emphasise the

statutory processes that are going

4:46:304:46:36

to be followed, and to make sure

that the only circumstances in which

4:46:364:46:40

they are not followed and Clause

nine has to be used as an example,

4:46:404:46:47

is where in fact, it would be

impossible to get an Article 50

4:46:474:46:52

extension to enable the statutory

process to take place before we go.

4:46:524:46:57

If we start doing that, then if I

may beg the suggestion, we are going

4:46:574:47:02

to start talking sense and this has

rather than ending up where we have

4:47:024:47:05

been in the last three days, which

is talking polemical nonsense. I

4:47:054:47:09

give way.

I am very grateful. When

4:47:094:47:16

Czechoslovakia decided to form two

countries with two governments, a

4:47:164:47:19

very complicated task, it took six

months' planning and was implemented

4:47:194:47:24

over a weekend. Why does my right

honourable friend think that the 16

4:47:244:47:28

months that remains is not enough to

reach an agreement or to reach the

4:47:284:47:33

sad conclusion that an agreement is

not possible in the mutual interests

4:47:334:47:36

of both sides at, and do all that in

an orderly way? Surely 16 months is

4:47:364:47:43

more than enough time to sort this

out.

4:47:434:47:48

I can't help the fact that the

reality is, we entered into a

4:47:484:47:52

partnership which now includes 27

other member states. And you know,

4:47:524:47:56

you can't just magic that away.

They'll have their interests, and

4:47:564:47:59

they are all going to have to be

taken into consideration at the end.

4:47:594:48:03

As we have seen with trade

agreements reached with the EU and

4:48:034:48:06

other states, they take time.

Indeed, I have to say, I think my

4:48:064:48:11

right honourable friend and some

friends on the side of the house are

4:48:114:48:14

frankly delusional in the belief of

the speed with which these wonderful

4:48:144:48:18

new trade agreements are going to be

concluded with third countries once

4:48:184:48:22

we leave the EU. The main anxiety I

have that topic is that there are

4:48:224:48:27

759 external treaties which come

throughout membership of the EU,

4:48:274:48:33

which we are in danger of losing via

the amendment 381, tabled by the

4:48:334:48:40

government in respect to putting a

written in stone date on when we

4:48:404:48:47

have to leave, and that is what

should be worrying us just as much

4:48:474:48:51

as any other aspect of leaving the

EU. I give way.

I am grateful for

4:48:514:48:57

him giving way on that specific

point. Isn't the real ludicrousness

4:48:574:49:02

of amendment 381 that it is

unenforceable, and that there is no

4:49:024:49:05

punishment if that law is actually

broken? As a former Attorney

4:49:054:49:09

General, could he just say what is

the point of having a law for which

4:49:094:49:12

if the data is extended or broken,

there is absolutely no consequence,

4:49:124:49:18

and the minister will not be sent to

prison for breaking it? It is a

4:49:184:49:21

worthless political gesture.

I hope the honourable gentleman

4:49:214:49:26

would forgive me, but I don't think

I entirely agree with him. If this

4:49:264:49:30

stays on the statute book, the

consequences that at 11pm on March

4:49:304:49:36

29, even though the agreements and

transitional arrangements and

4:49:364:49:39

everything else have not been worked

out, we would drop out of the EU,

4:49:394:49:44

potentially, into the void which so

much of this legislation is

4:49:444:49:47

apparently designed to present. And

all the benefits possible benefits

4:49:474:49:51

of continuing transition would not

be available, so I do think it

4:49:514:49:55

actually matters very much indeed.

And so that brings me, and I do not

4:49:554:50:01

want to take up the house's time, to

this famous point from this

4:50:014:50:05

amendment, 381. Sprung on the house,

sprung on the Conservative Party,

4:50:054:50:10

certainly sprung on me after weeks

of talking generally to my

4:50:104:50:14

ministerial colleagues and trying to

find a sensible way through, which I

4:50:144:50:18

continue to want to do. And suddenly

landed on us as being diktat. It is

4:50:184:50:26

simply unacceptable become, because

what it does is cast doubt upon the

4:50:264:50:39

government's own ability, and makes

me cast doubt on their confidence.

4:50:394:50:42

Prevents the house from being able

to exercise its scrutiny role

4:50:424:50:45

properly, to the extent that it is

almost invitation to run into the

4:50:454:50:50

buffers. And while I do not believe

this is what the government wants to

4:50:504:50:53

do, certainly appears to play into

the hands of those who seem to be so

4:50:534:50:56

eager that we should leave the EU

and absolutely no agreement

4:50:564:50:59

whatsoever. I seriously worry that I

go to audiences of the kind that

4:50:594:51:06

seem to extol the virtues of some of

my colleagues on the side of the

4:51:064:51:09

house, and I am told that only a

departure from the EU without any

4:51:094:51:13

agreement at all can detoxify us of

the taint of our participation, the

4:51:134:51:18

very words that were used to be a

big Conservative Party conference.

4:51:184:51:24

-- used to me at the Conservative

Party conference. I think the

4:51:244:51:28

individuals who are saying these

things are utterly misguided, do not

4:51:284:51:33

understand how a parliamentary

democracy nor an international

4:51:334:51:35

community operates, and whatever

their grievances may be, they are

4:51:354:51:39

the people to whom we have to

sensibly articulate an alternative

4:51:394:51:42

approach. And so for that reason,

what I would urge, I really pleased

4:51:424:51:50

that amendment 381 does not have to

be put to the vote and cannot be

4:51:504:51:55

this afternoon, because I have to

say to my honourable and right

4:51:554:51:58

honourable friend, I will vote

against it. Now ifs, no buts, no

4:51:584:52:05

maybes about this, no arm-twisting,

nothing that can be done to me in

4:52:054:52:09

the intervening period. It is

unacceptable, and I will not vote

4:52:094:52:13

for it. I will not vote for it if I

am the only person to go through the

4:52:134:52:18

lobby to vote against it.

4:52:184:52:21

So, the sensible thing is for them

to go away, have several cups of

4:52:264:52:31

tea, think again, continue talking

to me about all those other sensible

4:52:314:52:34

things we have been talking about

and where we are likely to reach

4:52:344:52:38

agreement, and just focus for a

moment on where I think there is

4:52:384:52:42

unanimity in this house about how we

should proceed. A recognition of the

4:52:424:52:49

government's problem. I should go

away and try to craft an amendment

4:52:494:52:53

myself as an alternative to my

amendment number seven. See if I can

4:52:534:52:58

do something that enables the

government to have that backstop,

4:52:584:53:02

but at the same time, ensure that

that backstop cannot be used under

4:53:024:53:06

any other circumstances than article

15 not being extendable, which is

4:53:064:53:12

the obvious way of resolving this

problem and not these barmy sort of

4:53:124:53:16

cut-off dates and insistence on some

magical formula to which we all have

4:53:164:53:25

too subscribed and bow down to. I

will not do so, the government wants

4:53:254:53:30

my support, it will have it in

spades. If we just get on with

4:53:304:53:35

focusing on how we can carry out

this difficult and frankly dangerous

4:53:354:53:38

task, sensibly and in the national

interest.

4:53:384:53:46

I remind the House what Dame Rosie

said earlier. There are a long list

4:53:464:53:52

of colleagues still waiting to

speak. So unless we have brief

4:53:524:53:58

contributions, many colleagues would

be disappointed because the first

4:53:584:54:02

votes come at 6:51pm.

4:54:024:54:12

This amendment would require the UK

Government to gain the consent of

4:54:164:54:21

the devolved parliaments and

assemblies before it revealed the

4:54:214:54:26

European act 1972. It would require

proper consideration, consistence

4:54:264:54:31

with constitutional settlements

within these islands. For the Prime

4:54:314:54:35

Minister have all four parts of the

UK in agreement before the European

4:54:354:54:39

Union Withdrawal Bill could come

into force. The civil convention

4:54:394:54:52

requires it would not normally do so

without the consent of the devolved

4:54:524:54:57

legislature.

4:54:574:55:07

To proceed without the available

agreement of at least two parts of

4:55:084:55:13

the UK, Scotland and Wales, and the

agreement of the other parts, which

4:55:134:55:20

currently are obscured to me, would

in my judgment be for Hardy and

4:55:204:55:28

outrageous. As far as I can see, and

I hope the Minister can perhaps

4:55:284:55:33

correct me, the government has

launched us into this process

4:55:334:55:37

without properly considering how the

views of the four parts of the UK

4:55:374:55:41

could be ascertained, without proper

consideration of the views of the

4:55:414:55:44

Scottish and Welsh governments, with

the means of ascertaining the views

4:55:444:55:50

of Northern Ireland, and of course

the elephant in the room, explaining

4:55:504:55:55

precisely who speaks the England.

Something which I think is always

4:55:554:56:00

either unconsidered or unspoken in

this place. What we do know from the

4:56:004:56:06

following publication of the EU

Withdrawal Bill, the Scottish SNP

4:56:064:56:10

and Welsh Labour governments issued

a joint statement calling it a naked

4:56:104:56:13

power grab. But the worst government

and the Scottish Government have

4:56:134:56:19

since made this clear that the Bill

as it stands would be rejected by

4:56:194:56:24

the respective devolved governments

-- both of the Welsh governments and

4:56:244:56:28

the Scottish Government. Governments

in Westminster are compelled

4:56:284:56:33

unwillingly to take the powers to

itself and the dispute in Northern

4:56:334:56:39

Ireland between the parties, it is

unclear to me at least how opinion

4:56:394:56:44

in Northern Ireland is to be gauged.

Lastly,... I will stop

4:56:444:56:52

There is not a Northern Ireland

Assembly in place to grant a

4:56:574:57:00

resolution. Whilst we hope there to

be one soon, surely we have decanted

4:57:004:57:05

as a possibility that we could get

to March 2019 without that.

As I

4:57:054:57:15

said earlier it is unclear to me

what the situation is in Northern

4:57:154:57:19

Ireland. There are rumours one way

or the other that they are extremely

4:57:194:57:22

close to resolution. Anything could

happen. It is a principle of our

4:57:224:57:36

amendment that democratically

elected Assembly in Wales, Northern

4:57:364:57:39

Ireland and in the Parliament of

Scotland should have its say.

I'm

4:57:394:57:42

very grateful for allowing me to

intervene. It is a constitutional

4:57:424:57:48

convention of the utmost importance

that the consent is given by all of

4:57:484:57:55

the devolved institutions.

Particularly with such a major

4:57:554:57:59

constitutional change. In Northern

Ireland we have no Northern Ireland

4:57:594:58:02

Assembly. And we have no expectation

of having one in the future. Even if

4:58:024:58:08

I were to be surprised that the main

parties could agree an Assembly, the

4:58:084:58:15

figures such within the of 19 that

the majority of them are anti-Brexit

4:58:154:58:22

and will not give legislative

consent. This Bill is going nowhere

4:58:224:58:27

without the consent of Northern

Ireland.

I thank the honourable lady

4:58:274:58:34

for that point. I'm loathe to stray

into Northern Ireland politics for

4:58:344:58:38

clear reasons. Only to say that it

has been mentioned to me that some

4:58:384:58:47

in Northern Ireland would surely see

the government actually taking its

4:58:474:58:53

decision with no Assembly in place.

But lastly, the elephant in the

4:58:534:59:03

room, who speaks the England? This

is the last constitutional conundrum

4:59:034:59:12

that successive governments have

failed to address. Clearly on this

4:59:124:59:16

matter it appears that this

Conservative government does. Is the

4:59:164:59:22

Labour opposition sanguine about

this? I do not know how they will

4:59:224:59:29

vote on this but I wish to remind

them that for Labour colleagues in

4:59:294:59:33

Cardiff, they are certainly not

sanguine. The Minister points to the

4:59:334:59:38

resurrected joint ministerial

committee as a cover for that...

I'm

4:59:384:59:43

grateful. The House will of course

be aware that the joint ministerial

4:59:434:59:48

committee on EU negotiations has

only met twice in the last year.

4:59:484:59:52

Would my honourable friend agree

that this committee fails to give a

4:59:524:59:59

real voice in these negotiations and

in its current form it is wholly

4:59:595:00:02

inadequate for facilitating

discussion and agreement?

I thank

5:00:025:00:10

him for his points. The government

might wish to use the joint

5:00:105:00:17

ministerial committee as a cover for

proceeding with this matter but I

5:00:175:00:20

have to tell the House that this

committee so far hasn't proved

5:00:205:00:24

itself to be a substitute for proper

agreements obtained directly with

5:00:245:00:28

the Welsh Assembly and Scottish

Parliament. This committee, as

5:00:285:00:33

obscure to many members of this

place as it is to the press and the

5:00:335:00:38

population at large, this JNC met in

February and didn't meet again until

5:00:385:00:42

October. The most important and

momentous events were taking place

5:00:425:00:50

and important decisions were being

taken. The government sought to

5:00:505:00:53

gloss over the real concerns of the

Scottish and Welsh governments. As I

5:00:535:00:58

said earlier, these have now been

made clear. Lastly, as for the JMC

5:00:585:01:04

itself, in the Brexit select

committee of the 23rd of October I

5:01:045:01:08

asked the Brexit Secretary what was

the formal relationship between

5:01:085:01:12

himself and the first Secretary of

State who is handling the JMC. I

5:01:125:01:18

asked him what is the formal

relationship between your department

5:01:185:01:22

and his and the specific issue. He

replied, there is none at all. He is

5:01:225:01:27

one of my oldest friends. To which I

replied, he's a fine man I'm sure

5:01:275:01:32

but I've been in this place long

enough to know the ways of working

5:01:325:01:38

and there are two conditions I

believe. Whether it's a former

5:01:385:01:42

relationship between departments

there is accountability, and where

5:01:425:01:47

there is no formal relationship and

there is no accountability. No

5:01:475:01:53

formal JMC report back but perhaps a

chat between old friends. I have a

5:01:535:01:58

large number of old friends, find

people. I respect them but I

5:01:585:02:03

certainly wouldn't base my decision

about the future of my children and

5:02:035:02:07

my grandchildren on them...

Would he

agree with me that the crucial issue

5:02:075:02:16

is less the issue he is pressing in

his amendment today but whether the

5:02:165:02:19

government responds to the

amendments put down a cross party

5:02:195:02:22

bases about the Scotland and Wales

act, other important matters in line

5:02:225:02:26

with what the Scottish and Welsh

governments have said? Responding to

5:02:265:02:30

those in a positive way would show

true respect for the constitutional

5:02:305:02:34

settlement.

I accept the force of

the words of the honourable

5:02:345:02:39

gentleman and as he knows we have

supported a number of Labour

5:02:395:02:43

amendments including this one. Plaid

Cymru who have been warning of these

5:02:435:02:47

problems for some time. We pray to

the Welsh Secretary over the summer

5:02:475:02:51

outlining positions for the

Withdrawal Bill and asking for

5:02:515:02:56

answers -- we wrote to the Welsh

Secretary. The response was an

5:02:565:03:01

aspiration received in September.

Wholly inadequate. We raised it in a

5:03:015:03:12

general debate on Brexit and foreign

affairs on the 26th of June. We

5:03:125:03:17

raised it during Brexit ministerial

drop-in sessions on July the 19th.

5:03:175:03:20

We raised it during the Queen's

Speech on the 26th of July. We

5:03:205:03:25

raised it in Welsh questions in

September. We raised it on the 17th

5:03:255:03:34

of October in the Brexit Committee.

Not once have they told us how they

5:03:345:03:42

plan to proceed if all legislatures

do not support the Bill. The only

5:03:425:03:45

conclusion we can draw is that they

will press ahead regardless. It is

5:03:455:03:50

after all within their legal right

to do so, for the time being. The

5:03:505:03:55

final step in...

It would be

fascinating if they did press on

5:03:555:04:00

regardless. Three of the four

Assembly or polymers were against

5:04:005:04:08

and would show we weren't in a union

but in a superstate which is what

5:04:085:04:12

many in here say we are trying to

get away from. That is the point

5:04:125:04:19

with this amendment might elucidate

and it's very well put by the

5:04:195:04:23

honourable gentleman. The final step

in trying to prise an answer out of

5:04:235:04:26

the UK Government as to how they

will act of the devolved parliaments

5:04:265:04:30

reject this Bill is by gauging its

reaction to this amendment. Calling

5:04:305:04:37

for this Bill to be legally binding.

That is why I will be pressing

5:04:375:04:41

amendment 79 to a vote. It already

has the support of the SNP, Lib

5:04:415:04:47

Dems, Green Party and at least one

Labour MP. In my view it would be

5:04:475:04:53

unthinkable for Labour, the largest

party in Wales, to oppose Wales

5:04:535:04:56

having a say on a country to the

stance of their colleagues in

5:04:565:05:01

Cardiff. If the UK Government is

deadly serious about having all four

5:05:015:05:05

nations on board, if it is

determined to respect the agenda, it

5:05:055:05:11

will accept this amendment. If not

we must assume the Prime Minister

5:05:115:05:14

intends to ignore the clearly

expressed will of the National

5:05:145:05:19

Assembly for Wales and the Scottish

Parliament, to deliver an approach

5:05:195:05:25

that works for the whole of the UK,

I urge everyone in this House to

5:05:255:05:30

support our amendment 70 nine.

Mr

John Redwood.

Clause one of this

5:05:305:05:40

historic Bill is the most important

constitutional matter to come before

5:05:405:05:45

the House of Commons since the

passage of the 1972 act itself. I

5:05:455:05:51

have read some of those debates that

Parliament then conducted. Indeed,

5:05:515:05:55

you could say that today the repeal

is more significant than the House

5:05:555:06:02

believed the passage of the original

act to be. When the original act was

5:06:025:06:08

passed, the government reassured the

House. The government told the House

5:06:085:06:12

that this was no passage or

surrender of sovereignty to a

5:06:125:06:20

supranational body. This was no

major transfer of power. It was

5:06:205:06:26

instead a measured development of a

Common Market that the areas in

5:06:265:06:30

which the European Economic

Community would have competence,

5:06:305:06:33

would be very narrow and limited,

and that the UK would preserve a

5:06:335:06:39

veto so that if the EEC wish to

propose anything, that the UK did

5:06:395:06:42

not like, the UK would be able to

exercise its veto and show that

5:06:425:06:49

Parliament was still sovereign. That

was a long time ago. Over the years

5:06:495:06:54

we've seen that what appeared to be

a modest measure to form a Common

5:06:545:07:01

Market transformed itself into a

mighty set of treaties through

5:07:015:07:05

endless amendment and new treaty

provision, into a very large and

5:07:055:07:11

complex legal machine which became

the true sovereign of our country.

5:07:115:07:16

It exercised its sovereignty through

the European Court of Justice, the

5:07:165:07:19

one supreme body in our country all

the time we remain in the EEC, and

5:07:195:07:25

now the EU, and we have seen how

that body can strike down Act of

5:07:255:07:29

Parliament, can prevent ministers

from taking any action they wish,

5:07:295:07:34

can prevent this Parliament

expressing a view and turning it

5:07:345:07:37

into action.

5:07:375:07:41

We were told EU would be unable to

control our tax system, but there

5:07:425:07:47

are items today which members of all

sides of the house would like to

5:07:475:07:51

abolish, but we are not allowed to

bind European legal requirement. The

5:07:515:07:55

two main parties which tried the

route rid renegotiation of our

5:07:555:08:04

relationship both agree that they

wanted certain modest benefit

5:08:045:08:07

changes to our welfare system, but

both had to accept that they were

5:08:075:08:10

quite illegal, and therefore it

would have been inappropriate and

5:08:105:08:15

impossible for this house to have

taken action, which would have

5:08:155:08:21

withstood the ECJ challenges. I will

not take interventions. I am

5:08:215:08:24

conscious we have very little time,

and I wish other colleagues to be

5:08:245:08:27

able to speak in this debate. We

were unable all the time we were in

5:08:275:08:32

the EU to have our own migration

policy and decide who we wish to

5:08:325:08:35

welcome them to our country. We

can't have our own fishing policy,

5:08:355:08:39

aren't farming policy, we have seen

how we have moved into massive

5:08:395:08:44

deficit both on fishing and farming,

where we used to be in good trading

5:08:445:08:49

surplus on fish before we joined the

European Economic Community, and we

5:08:495:08:53

used to produce most of the

temperate food we needed before the

5:08:535:08:57

Common Agricultural Policy started

to bite. The British people decided

5:08:575:09:01

in their wisdom that which take that

control -- that we should take back

5:09:015:09:07

control, and we should do that by

this very important piece of

5:09:075:09:11

legislation. And it is above all

clause one which takes back that

5:09:115:09:15

control, and the great news for

colleagues on all sides of the house

5:09:155:09:21

who have different views on whether

we should leave or me is that

5:09:215:09:26

they're genuine passion for

democracy, which many happenings

5:09:265:09:29

pressing from both sides of the

argument today, can be satisfied by

5:09:295:09:33

the passage of that clause one by

the repeal of that piece of

5:09:335:09:37

legislation. Once that has happened,

when the repeal has taken place,

5:09:375:09:42

then this parliament once again can

hear the wishes of the British

5:09:425:09:49

people and can change VAT, can

change our fishing policy, can

5:09:495:09:53

change our agriculture policy, can

change our borders policy, can

5:09:535:09:56

change our welfare policy in the

ways I have already explained there

5:09:565:10:01

are many colleagues wishing to join

in. I am just hoping that the

5:10:015:10:09

honourable and right honourable

gentleman opposite will recognise

5:10:095:10:11

that far from being a denial of

democracy, as some seem to fear,

5:10:115:10:15

they seem to think it is some

ministerial power grab, this piece

5:10:155:10:19

of legislation does the exact

opposite. It means that once it has

5:10:195:10:23

gone through, any minister of the

Crown, no matter how grand, will not

5:10:235:10:29

be able to use the excuse that they

have to do something to satisfy the

5:10:295:10:33

ECJ and the EU. They will have to

answer to this House of Commons, and

5:10:335:10:36

if they cannot command a majority

for what they wish to do, then it

5:10:365:10:40

will be changed. And that is the

system that I and many opposition

5:10:405:10:45

members believe in and that is the

system which we are seeking to

5:10:455:10:49

reintroduce into our country after

many years ' absence, with this

5:10:495:10:58

piece of legislation. There are also

concerns about whether the date of

5:10:585:11:01

exit should be included on the face

of the bill. I think it is good

5:11:015:11:07

parliamentary practice to put

something of that importance on the

5:11:075:11:09

face of the bill and to allow us

extensive debate as they are having

5:11:095:11:13

to date and doubtless which we will

have more before the completion of

5:11:135:11:16

this piece of legislation by both

houses, so that the public can see

5:11:165:11:21

we have considered it fully and come

to review. I listen carefully to the

5:11:215:11:25

right honourable member for

Birkenhead, and was very sympathetic

5:11:255:11:28

to what he was trying to do. But I

will take the advice of ministers

5:11:285:11:32

and support their particular version

of the amendment, for the reasons

5:11:325:11:36

which the minister set out very

well. You need complete certainty,

5:11:365:11:40

and that requires a precise time of

transfer so that people know which

5:11:405:11:45

law they are obeying and which

caught they are ultimately

5:11:455:11:49

answerable, minute by minute, as you

approach the transfer of power on

5:11:495:11:54

the day in question. That is a very

important part of the process. I

5:11:545:11:59

would also say to the house, those

who have genuine fears that we will

5:11:595:12:03

not have enough time to negotiate, I

hope, are wrong. I think 16 months

5:12:035:12:07

is a very long time to allow to see

whether we can reach a really good

5:12:075:12:11

agreement or not, and of course, we

all hope we can reach a good

5:12:115:12:16

agreement. Some of us know that if

there is no agreement, it will be

5:12:165:12:19

fine. We can trade in the WTO terms,

we can put in place over the next 16

5:12:195:12:25

months all the things you need to do

on a contingency basis to make sure

5:12:255:12:29

that if we just leave without an

agreement, things will work. And

5:12:295:12:34

again, I would appeal to all members

in the house to understand that it

5:12:345:12:39

may be a contingency members don't

want, but it is a possible outcome.

5:12:395:12:43

We cannot make the EU offer a

sensible agreement which is in our

5:12:435:12:48

mutual interest, and so surely this

house has a duty to the public to

5:12:485:12:52

plan intelligently and to scrutinise

ministers as they go about putting

5:12:525:12:54

in place the necessary devices to

make sure it all works. The right or

5:12:545:13:02

the Lady who leads the Home Affairs

Select Committee should relax. She

5:13:025:13:05

is talented, she is quite capable of

leading her committee, I'm sure she

5:13:055:13:08

can make it quite valuable

contribution. Nobody is stopping

5:13:085:13:11

hair or her committee is

criticising, asking, producing

5:13:115:13:15

ideas, helping the government,

making sure there is that smooth

5:13:155:13:19

transition. She and I both believe

parliamentary democracy. She has an

5:13:195:13:25

important position for this house

and I wish you every success in

5:13:255:13:29

pursuing it in the national interest

so that ministers can be held to

5:13:295:13:33

account. So, Sir David, the task

before us should be one that brings

5:13:335:13:37

Parliament together. We should not

still be disputing whether we are

5:13:375:13:39

leaving or not. We let the British

people decide that, and then this

5:13:395:13:44

has voted overwhelmingly to send in

our notice. I explained at the time

5:13:445:13:49

when we sent in the note is that

that would be the decision point.

5:13:495:13:52

Most members took it relatively

willingly, some very willingly, and

5:13:525:13:59

we now need to make sure that it

works in the best interests of the

5:13:595:14:03

British people. I would urge the

house to come together to work on

5:14:035:14:07

all those details to make sure that

we can have a successful Brexit even

5:14:075:14:09

if there is no agreement on offer

after a suitable time of

5:14:095:14:16

negotiating, and would urge the EU

to understand that it is greatly in

5:14:165:14:20

their interests to discuss as soon

as the a future relationship,

5:14:205:14:26

because if they don't do it soon, we

will simply have to plan for no

5:14:265:14:30

agreement, because it is our duty to

make sure that everything works very

5:14:305:14:36

smoothly at the end of March 20 19.

Mr George Howarth.

5:14:365:14:42

Thank you, Sir David. It is, I

think, a pleasure to follow the

5:14:425:14:50

right honourable gentleman, the

member for Wokingham, who invited

5:14:505:14:53

the house to come together and sort

these problems out between us. The

5:14:535:14:59

problem with his invitation,

however, was exposed in the rest of

5:14:595:15:03

his speech, whereby he was arguing

that if we do come together, it has

5:15:035:15:10

to be on his terms. There was no

scope for those of us who believe

5:15:105:15:15

there is a different way of doing

this. We only can do it in the way

5:15:155:15:19

that The Right Honourable gentleman

and those who are agreed with him

5:15:195:15:22

over many years think that it can be

done, and certainly, it is an

5:15:225:15:29

invitation that I am more than

prepared to resist. I have written

5:15:295:15:35

to speak in favour of my right

honourable friend, the member for

5:15:355:15:44

Pontefract and Castleford's

amendment, which I think is very

5:15:445:15:47

helpful, and also to speak in favour

of the amendment in the right

5:15:475:15:53

honourable member for Beaconsfield's

name,

5:15:535:15:58

honourable member for Beaconsfield's

name,. Before I get on to that

5:15:585:16:00

argument, I would like to say a word

about the speech of my right

5:16:005:16:05

honourable friend, the member for

Birkenhead, who is a good friend of

5:16:055:16:08

mine, and I have known for many

years, and always respected. And my

5:16:085:16:14

right honourable friend, the member

for Birkenhead, compare this process

5:16:145:16:17

to buying a house. And it was, you

know, Sir David, quite seductive as

5:16:175:16:26

a way of looking at it. But what my

right honourable friend, the member

5:16:265:16:32

for Birkenhead, neglected to realise

is that in the process of buying a

5:16:325:16:37

house, there is a thing called sold

subject to contract. Now, Article 50

5:16:375:16:47

might have represented sold subject

to contract. We have yet to see what

5:16:475:16:52

the contract is. And so my right

honourable friend's analogy was

5:16:525:16:58

perhaps more apposite than he

realised, because we are in fact in

5:16:585:17:02

that sort of process, but in a

completely different stage to the

5:17:025:17:07

one that he said. I will return

directly to The Right Honourable

5:17:075:17:14

member for Wokingham's argument

about why the house should come

5:17:145:17:16

together and white many of us -- why

many of us believe that that might

5:17:165:17:23

be possible, but we are not at that

point yet. I have two yardsticks

5:17:235:17:27

which I will apply before I decide,

if I get the opportunity, provided

5:17:275:17:33

by the amendments I have referred

to, I which I will decide whether or

5:17:335:17:38

not it is the right thing to do. The

first one, everyone has rightly said

5:17:385:17:43

that the people of this country

voted to leave, and it is true. They

5:17:435:17:50

did, by a smallish margin, but

nevertheless, in my constituency,

5:17:505:17:55

they voted exactly the same as the

national results. So there is an

5:17:555:17:58

obligation on us to recognise, as

knowledge, and deal with the

5:17:585:18:03

implications of that referendum

vote. But what they didn't vote for

5:18:035:18:10

was for an agreement, the dimensions

of which we don't even understand.

5:18:105:18:20

And that is where we are at the

moment. So the yardsticks I will

5:18:205:18:25

judge them by our, first of all,

those that my constituents on the

5:18:255:18:29

doorstep raised with me. First of

all, they said they were going to

5:18:295:18:33

vote to leave because they did not

like the amount of immigration that

5:18:335:18:36

was happening in this country. I

argued with them, but that was the

5:18:365:18:41

argument that was put to me. The

second thing they argued for was

5:18:415:18:47

parliamentary sovereignty. Quite

often, I did try to explore that

5:18:475:18:53

more fully with people, but it

didn't often end up in a very

5:18:535:18:57

productive conversation. And the

third thing they argued for was

5:18:575:19:02

greater economic freedom. There were

other arguments that had been

5:19:025:19:08

discussed and will be debated, no

doubt. But they were the three main

5:19:085:19:12

issues that were raised on the

doorsteps. And so, I can directly

5:19:125:19:18

back to the right honourable

gentleman for Wokingham and his

5:19:185:19:20

question. What are we as a house

supposed to unite and? At this

5:19:205:19:28

stage, I don't know whether any of

the reasons that my constituents

5:19:285:19:31

voted the way they did will be

addressed not by this, but why the

5:19:315:19:39

final deal the government comes to.

I don't know, the government doesn't

5:19:395:19:43

know, my constituents don't know,

the house doesn't know, and yet,

5:19:435:19:46

somehow or other, we're asked to

take it on trust that at some point,

5:19:465:19:50

all will be revealed and there will

be nothing that we need to worry

5:19:505:19:55

about. Well, forgive me, I have been

in this house a number of years in

5:19:555:20:00

opposition and government, and I

know that there is always something

5:20:005:20:04

to worry about! Particularly when a

government is in a position where

5:20:045:20:08

they don't need to -- where they

don't even know what the end of the

5:20:085:20:13

process is likely to bring. I will

give way, but only this once,

5:20:135:20:16

because I do want to conclude.

Is

the integration of what he is saying

5:20:165:20:20

that unless he is satisfied with an

agreement, he will not allow us to

5:20:205:20:26

leave the European Union?

I will

come... I will answer before I

5:20:265:20:33

finished precisely that point. If he

will forgive me, I will do it on my

5:20:335:20:41

own particular way. The second test

I would reply, Sir David, is a

5:20:415:20:49

fairly straightforward one. Are we

heading into economic disaster?

5:20:495:20:56

Because at this stage, we are unable

to say. We don't know what the trade

5:20:565:21:01

terms will be, we don't know how it

will affect businesses in this

5:21:015:21:07

country, we don't know how will

affect workforces, and all of that

5:21:075:21:10

is to be negotiated. Now, if at the

end of this process, all of those

5:21:105:21:19

things have been answered to the

satisfaction of my constituents, I

5:21:195:21:25

could vote at the end of it,

provided I have the opportunity,

5:21:255:21:29

still to leave the European Union.

But at this stage, there is so much

5:21:295:21:38

lack of clarity about where we stand

and where we are going to get to

5:21:385:21:43

that any commitment to say I would

definitely do so, any commitment to

5:21:435:21:47

say to my constituents, everything

you have voted for isn't going to

5:21:475:21:52

happen, on top of which, it will be

economic or disastrous for us, I am

5:21:525:21:57

not prepared to give that out. So I

say this to the government, get on

5:21:575:22:03

with the negotiation, or we want the

opportunity to say, this is not

5:22:035:22:09

right for our constituents. And I

will vote with The Right Honourable

5:22:095:22:12

gentleman for Beaconsfield and my

right honourable friend with their

5:22:125:22:16

amendments, just to make sure that

we have exactly that opportunity to

5:22:165:22:19

do so.

Mr Bernard Jenkin.

5:22:195:22:25

Thank you. I reflect on this debate,

having often taken part in such

5:22:255:22:29

debates and feeling in the minority

when opposing a new European treaty.

5:22:295:22:34

I wonder whether I am still in the

minority in this house, that this

5:22:345:22:37

has actually probably has more

Remainer is that lever is in it, and

5:22:375:22:42

that probably rather colours the

judgment of many people taking part

5:22:425:22:47

in this debate. -- more Remainers

than Leavers. Let me finish the

5:22:475:22:55

point. I believe as passionately in

my case as she does in his, and I am

5:22:555:23:02

sympathising, I understand. But the

truth is, we have to accept the

5:23:025:23:07

country voted leave, and the one

thing we know about what the people

5:23:075:23:14

voted for, whether they voted for

this deal that the law they believe

5:23:145:23:17

that bit of or disbelieve that bit,

the one thing it said on the ballot

5:23:175:23:21

paper was that they will voting to

leave the European Union. That they

5:23:215:23:24

were voting to leave. And I cannot

understand how anyone, and he just

5:23:245:23:30

did, can come to this house and say,

there might be circumstances where

5:23:305:23:33

riots city not going to respect that

decision, because that is what it

5:23:335:23:37

amounts to. -- where I am not going

to respect that decision. I am going

5:23:375:23:40

to give way very little, but I will

give way.

5:23:405:23:46

So Winston Churchill said the role

of an MP was to pick country first,

5:23:465:23:50

constituency and then party. If the

government comes back with a bad

5:23:505:23:54

deal, does he not accept that

allowing it to go forward would be

5:23:545:23:59

putting none of those three first?

That brings me to my next point. I

5:23:595:24:03

feel a lot of this debate is

re-running many of the arguments

5:24:035:24:06

that took place during the

referendum. The Remain case was

5:24:065:24:11

premised on the idea that it's a

horrible cruel world and you can't

5:24:115:24:15

survive outside the EU, it's going

to be completely disastrous, and

5:24:155:24:18

unless they give us lots of help and

support and agree to a lot of stuff

5:24:185:24:22

but we would like, then we are going

to be out on our own in the cold. Do

5:24:225:24:29

you know what? It's not true. Most

countries aren't in the EU and they

5:24:295:24:32

are fine. Sometimes this debate

loses sight of that. I want to speak

5:24:325:24:36

in favour of clause stand part. This

is a very important Bill. The most

5:24:365:24:50

important joint. It's so much more

significant than it was after 45

5:24:505:24:55

years of membership. The principle

of democracy is this the Parliament

5:24:555:25:01

legislates and ministers have to

obey the law and implement the law.

5:25:015:25:04

The problem with the European Union

is it turned out ministers into

5:25:045:25:08

legislators. They go to Brussels,

they sit in Council, they legislate,

5:25:085:25:16

and then they bring back faked a

company legislation which is imposed

5:25:165:25:20

on this House. -- fait accompli

legislation. There is something a

5:25:205:25:31

bit inconsistent, and I understand

why they are saying it, but a bit

5:25:315:25:35

inconsistent in people complaining

about this Parliament not being

5:25:355:25:39

treated properly when the whole

principle of our membership of the

5:25:395:25:42

EU was to take away the of right

this House to make the laws of this

5:25:425:25:45

country.

I note the honourable

member just said it was wholly

5:25:455:25:51

inappropriate for ministers to go to

Brussels and bring back a fait

5:25:515:25:55

accompli. Would it not therefore, in

relation to this negotiation, be

5:25:555:26:01

wholly inappropriate for ministers

to go to Brussels and bring back a

5:26:015:26:05

fait accompli, and not give

Parliament it proper opportunity to

5:26:055:26:08

say you've got this wrong, you've

got to renegotiate?

Completely

5:26:085:26:13

agree, which is why this House

should have the right to accept or

5:26:135:26:17

reject the deal. And it will. It

will have the right to accept or

5:26:175:26:23

reject the withdrawal Act. But it

will not change the decision whether

5:26:235:26:27

or not we leave the European Union.

That decision has been taken. That's

5:26:275:26:32

why I want to come to the main

point... I will give way in a

5:26:325:26:38

moment. I want to come to the whole

point about the date. The referendum

5:26:385:26:44

said leave. We were all told we had

to use Article 50. Article 50 says

5:26:445:26:50

on the outside of the tin it takes

two years maximum. So the date is

5:26:505:26:56

already fixed. There is no choice

about the date. The date has got to

5:26:565:27:00

be in the Bill otherwise we are

actually weakening our negotiating

5:27:005:27:05

position. We are putting

ourselves... Let me make the point

5:27:055:27:10

and then I will give way. We can't

go into the negotiations saying

5:27:105:27:15

we've signed up to Article 50 but we

don't accept we might have to leave

5:27:155:27:19

after two years. We might come

begging asking for a bit more time.

5:27:195:27:23

That will not put us in a strong

negotiating position.

And most

5:27:235:27:30

grateful. In my view there is

absolutely no evidence at the moment

5:27:305:27:34

that public opinion on this issue

has shifted at all. Let's suppose as

5:27:345:27:41

a hypothesis that by the end of next

year it becomes clear from opinion

5:27:415:27:46

polls that 90% of the population

believe a mistake has been made in

5:27:465:27:51

triggering Article 50. Is it

seriously his position that as a

5:27:515:27:57

house we would in those

circumstances entirely ignore that?

5:27:575:28:02

If that was in fact the evidence

being presented repeatedly?

He's a

5:28:025:28:08

very able barrister and present his

case extremely well but we are into

5:28:085:28:15

hypotheticals.

LAUGHTER

He used the

word hypotheticals. The fact is,

5:28:155:28:23

Article 50 was passed by an Act of

Parliament by this House by 498

5:28:235:28:28

votes to 114 at the second reading.

All that these three amendments do

5:28:285:28:35

is simply a line this Bill with what

this House voted for so

5:28:355:28:40

overwhelmingly. I will give way

but...

I'm very interested in the

5:28:405:28:48

point my honourable friend makes

about the fact that the date should

5:28:485:28:50

have been on the Bill. That was a

really important thing. Can he tell

5:28:505:28:54

us why it was he didn't put down an

amendment to the Bill to put the

5:28:545:28:58

date into this Bill?

Would I be

telling tales out of school if I

5:28:585:29:03

said I thought about it? And I

discussed it, and there was plenty

5:29:035:29:09

of friendly discussion about it. In

the end of the government has

5:29:095:29:14

decided this for itself and I am

supporting the government. Given

5:29:145:29:18

that we are in a slightly minority

situation in this Parliament, and we

5:29:185:29:24

have to deliver a very difficult

Brexit, negotiations, I think it's

5:29:245:29:31

incumbent on all of us on this side

of the House to support the

5:29:315:29:34

government whenever we can.

I

completely agree with the vast

5:29:345:29:39

amount of what he has said. Article

50 sets the date. Article 50 also

5:29:395:29:44

sets the process. The last part of

the process is a vote in the

5:29:445:29:51

European Parliament. As I recall

from my time in that Parliament,

5:29:515:29:56

that Parliament often asks for a

little bit extra at the last minute.

5:29:565:30:02

My concern with hard-wiring this

date is it makes it more difficult

5:30:025:30:06

for our government and the other 27

national governments to give that

5:30:065:30:13

little bit of extra time should they

need it, and therefore it loses our

5:30:135:30:18

flexibility, it doesn't give more.

That's my only concern.

5:30:185:30:23

Unfortunately, even the European

Parliament can't change the exit

5:30:235:30:27

date. It would have to be agreed by

all the other member states. To

5:30:275:30:31

premise our negotiating position, on

our ability to persuade 27 member

5:30:315:30:38

states and the commissioner and the

negotiating team in Brussels that we

5:30:385:30:41

want to extend the date is a

completely wrong thing to do.

5:30:415:30:49

Anybody who's going to vote against

this date really has to have

5:30:495:30:52

confidence that they can change the

date that has already been set. The

5:30:525:31:02

whole point about this deal, no deal

scenario, is, as I've already said,

5:31:025:31:13

is that we either accept the deal

and this House either plates on the

5:31:135:31:17

deal, or there is no deal. That is

the choice available to this House.

5:31:175:31:23

This House cannot veto Brexit.

Anybody... I wish to conclude.

5:31:235:31:32

Anyone who voted for the Article 50

notification of Withdrawal Bill

5:31:325:31:37

really is obliged to support this

amendment, because that is the date

5:31:375:31:44

that they implicitly voted for when

they voted for that Bill, the

5:31:445:31:47

two-year period. Anyone who voted

for Article 50 but then do not wish

5:31:475:31:55

to fix the date, they are open to

the charge that they do not actually

5:31:555:31:59

want us to leave the European Union.

Absolutely disgraceful.

The idea

5:31:595:32:08

that if we don't have the deal,

we're jumping into a "Void"

5:32:085:32:16

that if we don't have the deal,

we're jumping into a "Void", putting

5:32:165:32:18

this in is going to constrain our

negotiations, putting this date

5:32:185:32:24

disenfranchises Parliament. I

respect the sincerity of my right

5:32:245:32:27

honourable friend's passion but to

call this a balmy cut-off date when

5:32:275:32:32

he voted for this date, when he

voted for the Article 50 Bill. What

5:32:325:32:41

this amendment does is it rumbles

those who have not really accepted

5:32:415:32:45

that we are leaving the European

Union.

My honourable friend knows

5:32:455:32:53

that I share his fundamental beliefs

about the need for us to leave the

5:32:535:32:56

European Union. But reflecting on

what he has said, is there not merit

5:32:565:33:02

in his suggestion that we needn't

have a fixed date? Suppose our own

5:33:025:33:10

negotiators wish an extension. It is

curtailing the flexibility of room

5:33:105:33:16

for manoeuvre. Mike Leonard friend

has proposed an ingenious and what I

5:33:165:33:19

would suggest commendable solution,

which is that we write into the Bill

5:33:195:33:24

the debate but we create exceptions

or circumstances in which the

5:33:245:33:28

negotiators might need it. I would

urge all my friends who shared the

5:33:285:33:36

views I do to reflect carefully and

the suggestions made by the Right

5:33:365:33:42

honourable member for Beaconsfield.

It requires careful reflection.

If

5:33:425:33:50

we are begging the European Union to

extend the time because they have

5:33:505:33:54

runners up against the timetable,

and let's face it, it's the European

5:33:545:33:57

Union that is refusing to negotiate

on substantive issues at the moment,

5:33:575:34:01

not us. We should be clear, we

should be strong, but if they do not

5:34:015:34:09

reach an agreement with us by a

certain date we are leaving without

5:34:095:34:12

a deal, and that would put us in a

stronger negotiating position than

5:34:125:34:18

ever.

While I'm pleased to start by

saying that irrespective of what

5:34:185:34:22

might or might not be in this

particular Bill, of course I would

5:34:225:34:27

not want us to leave the European

Union. I must say there have been

5:34:275:34:31

some rational speeches from the

Conservative benches opposite, in

5:34:315:34:37

particular those from the Right

honourable member for Rushcliffe and

5:34:375:34:40

Beaconsfield. I've also seen a

significant level of rational

5:34:405:34:44

nodding off heads during their

speeches as well. What I hope is

5:34:445:34:54

that as this debate develops, many

more of those rational Conservatives

5:34:545:34:57

are willing to speak out. Of course,

I think that they as I do believe

5:34:575:35:08

that leaving the EU was going to

cause significant damage before the

5:35:085:35:12

referendum, but they continue to

believe that to this day. And as

5:35:125:35:17

they see the Brexit negotiations

proceeding I suspect their view has

5:35:175:35:21

been reinforced. I hope we will see

many more outspoken speeches from

5:35:215:35:25

Conservatives opposite. The debate

has inevitably been peppered from

5:35:255:35:34

the government benches, the fourth

row which has been referred to

5:35:345:35:39

frequently, with the usual cliches

from the usual suspects about the

5:35:395:35:42

impact of the European Union. The

European bureaucrats plundering our

5:35:425:35:48

fish, the secrecy that implies. The

Right honourable member of the Stone

5:35:485:35:55

is no longer in his place but I

don't know if he's ever participated

5:35:555:35:59

in a Cabinet committee meeting. If

he's worried about secrecy he can

5:35:595:36:03

perhaps participate in some of those

and see how clear that

5:36:035:36:07

decision-making process is. And of

course, there have been many

5:36:075:36:13

references to the importance of

sovereignty in this Parliament,

5:36:135:36:17

which of course is important and

drawing unfavourable comparisons

5:36:175:36:23

with the European Union but also

completely disregarding the way that

5:36:235:36:28

that body conducts itself through

the Council of ministers and the

5:36:285:36:33

role of members of the European

Parliament. I think the only thing

5:36:335:36:37

that has been missing from the

debate today has been a reference to

5:36:375:36:41

the European Union requiring, or in

fact stopping children blowing up

5:36:415:36:49

balloons, and no doubt of the

Foreign Secretary had been here he

5:36:495:36:51

would have been able to add to that

list of cliches about the impact of

5:36:515:36:57

the European Union. It is a shame

he's not here to add to that, to

5:36:575:37:01

reheat that particular one. I'm

going to make no apologies for

5:37:015:37:07

seeking to amend this Bill and

supporting a large number of

5:37:075:37:12

amendments proposed by others on

both sides, although I don't have

5:37:125:37:15

much confidence that this Bill is

one which can in fact been knocked

5:37:155:37:19

into shape. I will give way at a

later stage, particularly from

5:37:195:37:25

people who haven't perhaps had an

opportunity to intervene. I don't

5:37:255:37:29

know whether the right honourable

gentleman for Birkenhead who is no

5:37:295:37:35

longer in his place... He's over

there. I don't know whether his new

5:37:355:37:40

clause was in fact a politically

inspired amendment, but it's very

5:37:405:37:46

clear the Prime Minister's, and

there's been many reference to it,

5:37:465:37:52

was very much a political

initiative.

5:37:525:37:57

I will give way once.

As I think you should, given what

5:37:575:38:02

you are imputing. It was politically

inspired, of course, because I

5:38:025:38:07

wanted to see a date in the bill. If

one was suggesting that somebody

5:38:075:38:11

else was actually directing what I

should table, I might have a word

5:38:115:38:19

with the whips her and see how easy

a job that is. -- here.

Well, I

5:38:195:38:25

thank him for that intervention, but

I am a little bit perplexed, because

5:38:255:38:29

I was not suggesting that anyone had

been pulling his strings. I just

5:38:295:38:32

wondered whether his own political

inspiration had led him to put this

5:38:325:38:36

forward. But I think what he has

done, and what a government

5:38:365:38:43

amendment has done the same, is

point out that these amendments are

5:38:435:38:46

both damaging and irresponsible, and

that the government could of their

5:38:465:38:54

own volition choose to change this

at any date. One must wonder whether

5:38:545:38:59

if, in fact, we were very close to a

deal just a matter of days or hours

5:38:595:39:02

away, whether the government would

seek to do that. I will give way to

5:39:025:39:10

be honourable lady.

I am grateful. Thank you. Does he

5:39:105:39:14

accept, though, that we are actually

coming out of the EU, and this is

5:39:145:39:18

not a game of Okey Kirtley with one

foot in and one foot out?

5:39:185:39:24

Well, I don't think we often play

games of okey cokey in this chamber,

5:39:245:39:28

and I do not think I would want us

to do that today. In fact, what we

5:39:285:39:31

are debating is something that is

without a doubt the most serious

5:39:315:39:35

issue the UK has faced in the last

50 years, and one which I'm afraid

5:39:355:39:39

the government are not conducting

terribly efficiently, and we have

5:39:395:39:43

seen from the Prime

Ministersamendment that what she

5:39:435:39:45

secured from that was perhaps one or

two newspaper headlines. What it did

5:39:455:39:50

not succeed in doing, I'm very

pleased to see, is stemming the Tory

5:39:505:39:55

resistance. I do perhaps encourage

the use of the word resistance. I

5:39:555:40:00

don't know whether many members have

read Matthew Parris' article where

5:40:005:40:05

he has suggested we should use

resistance as the way of describing

5:40:055:40:08

us in the way that perhaps some of

the people opposite would prefer to

5:40:085:40:13

describe us as we moaners or indeed

traitorous. On that point, I am

5:40:135:40:17

happy to give way.

Call the honourable member a Remon,

5:40:175:40:24

but he is a Democrat, a Liberal

Democrat, and I wonder if he -- I

5:40:245:40:29

wonder what kind of Democrat he is,

when he does not accept the result

5:40:295:40:33

of the referendum, he does not

accept the 52% of people voted to

5:40:335:40:37

leave, and that the Prime Minister

made it clear we would accept the

5:40:375:40:41

result. 41% of his constituents

voted for him. 52% voted to leave

5:40:415:40:47

the European Union. When Healy going

to ask a rerun in his own seat?

5:40:475:40:51

I'm sure whatever about to say to

him will reassure him that I am

5:40:515:40:54

Democrat, because he will be very

aware what the Liberal Democrats are

5:40:545:40:57

saying is that the only way in which

the vote on June 23 last year could

5:40:575:41:01

be undone as by means of a

referendum, if everybody in the

5:41:015:41:05

country who might have changed their

minds, and I would like perhaps him

5:41:055:41:09

to explain why it is that on this

particular one issue, that the

5:41:095:41:14

people have the right to express

their will, but only once, and never

5:41:145:41:19

again. That is not what we are

arguing democratically. We are I

5:41:195:41:24

doing there should be another

opportunity. I am not going to give

5:41:245:41:26

way. I am going to give way to my

honourable friend.

5:41:265:41:32

Would he agree that there is a

fundamental lack of understanding of

5:41:325:41:37

our democracy? Democracy is not a

thing fixed in stone. A decision

5:41:375:41:41

that has been made once is not a

decision that is there forever on

5:41:415:41:45

the day, and indeed, our

parliamentary democracy is based on

5:41:455:41:50

every five years, that people can

change their vote and vote for

5:41:505:41:54

something else. And indeed,

referendum should not be seen as

5:41:545:41:57

something that is ever fixed in

stone.

5:41:575:42:01

Indeed, of course, there are, and

the honourable member for Stone as

5:42:015:42:07

someone who thinks our democracy is

set in stone and decision. It is

5:42:075:42:10

interesting that when there was an

intervention for the honourable

5:42:105:42:14

member for Harrow and North Essex,

when he was asked the question if 12

5:42:145:42:19

months from now, 90% of the

population felt that this was in

5:42:195:42:21

fact a mistake that had been made

the 23rd of June, it seemed to me as

5:42:215:42:25

if was saying we're still going to

proceed with this regardless,

5:42:255:42:29

completely overlooking the change in

public opinion. In relation to new

5:42:295:42:36

clause 49, clearly we will be

opposing it. I did learn one thing

5:42:365:42:39

during that debate, that is

apparently that the honourable

5:42:395:42:44

member for Birkenhead is not an

ardent Brexiteer. Well, I am

5:42:445:42:51

surprised to learn that, but I

welcome that for him it was evenly

5:42:515:42:55

balanced, although I was a bit

worried that he did at one point say

5:42:555:43:00

that we did not need more facts.

Actually, I think it is important to

5:43:005:43:05

our fact, not necessarily always to

act on one's. Field. I said would

5:43:055:43:09

give way.

I think you completely

misrepresented what I said. They

5:43:095:43:14

said was hypothetical. Does he

really believe the British people

5:43:145:43:17

are going to change their minds

about this? It may be a pious hope,

5:43:175:43:21

but if anything, if there was

another referendum, Leave would win

5:43:215:43:24

by a far bigger majority next time.

How indeed he has answered a

5:43:245:43:30

hypothetical with a hypothetical, so

I think we should better leave it

5:43:305:43:33

there. So no, I will not be

supporting the new clause 49, as the

5:43:335:43:37

member for Birkenhead has

articulated. I think the difficulty

5:43:375:43:41

with his amendment on the government

amendment is that actually, we are

5:43:415:43:47

making our negotiating position much

worse by having a fixed deadline and

5:43:475:43:50

not leaving the scope to allow

Article 50 to be extended if the

5:43:505:43:55

negotiations were close to a

conclusion but were there. I think

5:43:555:43:58

that is constraining us

unnecessarily. In relation to the

5:43:585:44:04

government's position, I think they

have been fairly comprehensive that

5:44:045:44:09

their amendments have been

demolished by others during this

5:44:095:44:11

debate, and my concern in the

intervention that was made is that

5:44:115:44:14

the government seem to still be

arguing that no deal is something

5:44:145:44:19

that they will happily pursue or

they are considering as an option,

5:44:195:44:26

notwithstanding the huge level of

concern expressed by all sectors and

5:44:265:44:31

all the businesses I have met about

the impact of no deal, and I would

5:44:315:44:37

recommend the members present, if

they haven't already bent, to go to

5:44:375:44:40

the Port of Dover and watch the

process of trucks arriving at the

5:44:405:44:44

port, getting on a ferry, the ferry

leaving, and on the ferry coming in

5:44:445:44:49

on the other direction, trucks

getting up and leaving the port.

5:44:495:44:55

That is a seamless process that does

not stop. The lorry is barely slowed

5:44:555:44:59

down as it approaches Dover, as they

get onto the ferry and leave.

5:44:595:45:03

Anything that gets in the way of

that process, even if it is an extra

5:45:035:45:07

minute's processing time, we'll lock

that port down, and I think that

5:45:075:45:14

members who think that no deal is a

happy, easy option need to go and

5:45:145:45:18

talk to them and see where the

outcome would be. Amendment 79, I am

5:45:185:45:23

very happy to be supporting that,

because that is about ensuring that

5:45:235:45:27

the devolved assemblies have some

say in this. So far, that is

5:45:275:45:30

something that has been very

significantly denied. And if we have

5:45:305:45:35

a vote on clause one to stand apart,

certainly, I will be ensuring

5:45:355:45:41

that... I am happy to give way.

I am very grateful to him for giving

5:45:415:45:45

way. Like him, I am sceptical about

clause one, because it is asking

5:45:455:45:56

Parliament to agree to sweep away

the whole body of the 1972 European

5:45:565:46:03

Communities Act without knowing what

on earth will replace it. It is

5:46:035:46:09

asking us to embark upon a journey

without knowing the destination. I

5:46:095:46:13

think conditions should be placed on

the repeal of the 1972 act, for

5:46:135:46:18

instance, we should have a treaty

with the European Union before that

5:46:185:46:21

repeal is allowed to take place.

I thank you very much for that

5:46:215:46:26

intervention, and I think there may

be an opportunity to put that to the

5:46:265:46:31

test shortly. And with that, I

conclude my remarks, but just to say

5:46:315:46:35

that I think unfortunately again,

this debate has revealed some of

5:46:355:46:40

the, I think, the obsession that

Europe holds in the hearts of some

5:46:405:46:45

of those opposite, who I think, I'm

afraid, when it comes to Europe, our

5:46:455:46:51

membership of the EU, have left

their rationality at the door of

5:46:515:46:54

this chamber and a leading the

country down a path which I think,

5:46:545:47:00

if we proceed and we exit the

European Union, will in my view, in

5:47:005:47:04

the view of many Cabinet members

sitting there on the front bench,

5:47:045:47:09

many Conservative members of

Parliament, and indeed, many members

5:47:095:47:12

on this site, will do us

long-lasting damage as the country.

5:47:125:47:16

My concern here is related to the

typing issues, which apply to the

5:47:195:47:24

phase one X it period and by

implication the transition period,

5:47:245:47:27

and also by extension, how those

periods linking to the proposed

5:47:275:47:33

timing of the phase two deal on a

future relationship with the EU

5:47:335:47:37

following Brexit. This is the

subject of a number of

5:47:375:47:40

interconnected amendments. In terms

of timing, the key point is that we

5:47:405:47:43

rightly or on wrongly, have cropped

our insistence that the terms of

5:47:435:47:51

withdrawal for what is known as

phase one should be negotiated at

5:47:515:47:54

the same time per the terms of our

future relationship known as phase

5:47:545:47:58

two. As things stand, the EU are

saying we should get phase one

5:47:585:48:03

sorted out, Northern Ireland,

citizens rights, the amount of

5:48:035:48:06

money, before we start phase two

discussions. The government says

5:48:065:48:09

pays to discussions should start in

December, but the EU says it with

5:48:095:48:13

your move forward with the next

couple of weeks, clearly from the

5:48:135:48:19

EU's commission's perspective and

some business perspective, timelines

5:48:195:48:22

are moving from tight to critical in

terms of the need for transitional

5:48:225:48:27

arrangement and the phase two

outcome. I separate the two because

5:48:275:48:30

the transitional period is legally

derived from and relates to the

5:48:305:48:34

phase one X it to withdraw exit date

set out in Article 50. This would

5:48:345:48:40

provide time to change over

regulators and allow company systems

5:48:405:48:44

to be changeover as well, and then

incidentally, it would also be used

5:48:445:48:49

as a standstill period during which

time the government could conduct

5:48:495:48:52

its negotiations in respect of phase

two. Having heard the debate so far

5:48:525:48:57

today in this place and indeed

elsewhere, I am still unsure as to

5:48:575:49:00

why we should fix an accident date.

It would thereby fix the date of the

5:49:005:49:06

transitional agreement. I can only

see a downside in terms of the

5:49:065:49:09

government losing control of one of

the levers that it could use to

5:49:095:49:13

control the negotiations. Briefings

I have just received indicate also

5:49:135:49:17

that removing the flexibility of

having different exit date is the

5:49:175:49:22

different issues could undermine the

banking and insurance sectors'

5:49:225:49:27

abilities to amend their systems in

time, risking financial instability.

5:49:275:49:31

This proposal to fix a date also

possibly pushes us into a corner and

5:49:315:49:36

increases the EU team's Loveridge,

absolutely unnecessarily in my view.

5:49:365:49:41

As has been said today, when

ministers came to the Brexit select

5:49:415:49:44

committee, the flexibility to set

multiple exit dates was described to

5:49:445:49:49

us as a tool for setting different

commencement dates for different

5:49:495:49:55

provisions, and providing for

possible transitional arrangements.

5:49:555:49:58

So I ask, what has changed in the

government's approach over the last

5:49:585:50:02

few weeks. This is really something

I think ministers have to address.

5:50:025:50:05

It is now seemingly the government's

intention to have this bill followed

5:50:055:50:11

by further primary legislation which

will provide Fernand lamentation up

5:50:115:50:14

there with period -- provide for an

implementation period.

5:50:145:50:21

This receives a lot of cross-party

support. We are debating at a later

5:50:235:50:28

debate, of course. But I have to

say, this initiative is welcome. It

5:50:285:50:32

will not in itself protect us from

the dead-end option of fixing the

5:50:325:50:37

exit date, which seems to me to

pander to those who would welcome a

5:50:375:50:40

no deal Brexit. I note also, my

right honourable friend, the member

5:50:405:50:46

for Rushcliffe tabled an amendment

which provides securing a

5:50:465:50:51

transitional arrangement a period of

two years. While this will be

5:50:515:50:55

debated later, for the purposes of

this debate, I think this is very

5:50:555:51:00

conservatively worded. When the

Brexit select committee went to

5:51:005:51:04

Brussels recently, Mr Barnier did

talk of the adequacy of two years'

5:51:045:51:08

negotiations, as did our own

Secretary of State, but nearly

5:51:085:51:12

everyone else, including the

European Parliament representative

5:51:125:51:15

and the French CBI representative,

thought that three years would be

5:51:155:51:18

needed or up to five years. In terms

of settling the provisions of phase

5:51:185:51:22

12 years from the accident date may

be enough time, before negotiating

5:51:225:51:26

an FTA, most experts have said two

years is widely overoptimistic. We

5:51:265:51:33

do need to consider what would

happen if the government does not

5:51:335:51:35

reach certain targets by certain

dates. For Brexiteers, it may simply

5:51:355:51:40

be that we going to hard Brexit

mode. I think this would be

5:51:405:51:47

extremely damaging to British

business, but it is of course the

5:51:475:51:50

default position under Article 50.

So for those of us who want a

5:51:505:51:54

negotiated phase two settlement,

more attention is needed in this

5:51:545:51:57

area by the government. Looking

through the moment, I saw a very

5:51:575:52:00

thoughtful one tabled by the

Honourable Lady for Feltham and

5:52:005:52:03

Heston, which asked what would

happen if the government is not so

5:52:035:52:08

core and withdrawal deal or if

Parliament is not approved one by

5:52:085:52:13

2018, rather than jumping off the

proverbial no deal hard Brexit

5:52:135:52:16

cliff, there is a suggestion of

ending the two-year period or

5:52:165:52:21

agreeing a new transition period.

But for this approach to work, we

5:52:215:52:25

would have to ensure that we do not

have a fixed exit date. It would in

5:52:255:52:29

effect involve taking up the offer

previously made by the honourable

5:52:295:52:36

member for Sheffield Central, for

the government to start talking to

5:52:365:52:39

the opposition. Given where we are,

I think that will have to happen one

5:52:395:52:43

another, and we should face up to it

now.

5:52:435:52:45

Thank you. It has been a pleasure to

listen to this wide-ranging debate.

5:52:455:52:49

I do not intend, nor do I have the

time, to summarise the debate. What

5:52:495:52:53

I wanted to do, which my honourable

friend would not allow him to do,

5:52:535:53:00

was respond to the amendment in the

name of the honourable member who is

5:53:005:53:03

not in his place at the moment.

5:53:035:53:08

He rightly spoke about how the spill

was about continuity, certainty and

5:53:085:53:13

control. That matters to every part

of the UK -- this Bill. We are

5:53:135:53:19

committed to securing a deal that

works for the entire UK. For Wales,

5:53:195:53:24

Scotland, Northern Ireland and all

parts of England. There is

5:53:245:53:28

considerable common ground between

the UK Government and devolved

5:53:285:53:31

administrations and what we want to

get out of the process. We expect

5:53:315:53:35

the outcome to be a significant

increase in power for each devolved

5:53:355:53:40

administration. No part of the UK

has a veto over leaving the EU. We

5:53:405:53:45

voted as one UK and we will leave as

one UK. This government has already

5:53:455:53:49

shown its commitment...

Thank you. I

think what he said is important. But

5:53:495:53:59

has the Minister said a signal this

evening that he is prepared to rip

5:53:595:54:06

ignored the requirement of the

legislative consent of the Northern

5:54:065:54:10

Ireland Assembly, the Scottish

Parliament and the Welsh Assembly?

5:54:105:54:16

The honourable lady pre-empts my

next point. What I would say before

5:54:165:54:20

making this point is of course we

all want to see a Northern Ireland

5:54:205:54:25

Assembly in place and functioning.

So that they can give assent to this

5:54:255:54:31

Bill. The government has already

shown its commitment to the

5:54:315:54:35

convention. We are seeking

legislative consent for this Bill in

5:54:355:54:43

the usual way. We want to make the

positive case for legislative

5:54:435:54:49

consent and work closely with them

to achieve this. Crucial to

5:54:495:54:53

understanding this Bill is the

ongoing work on common frameworks

5:54:535:54:57

which the honourable gentleman

referred to. Determining areas where

5:54:575:55:00

frameworks will and will not be

required, which will reduce the

5:55:005:55:04

scope and effect of clause 11. We

acknowledge that will be crucial to

5:55:045:55:10

a consideration of legislative

consent.

The position of the UK

5:55:105:55:14

Government is that three of the four

UK legislators oppose this he will

5:55:145:55:20

ride roughshod over it. This is not

a union it is a superstate 's.

The

5:55:205:55:30

honourable gentleman doesn't serve

the interests of this -- his own

5:55:305:55:37

argument. There has not been a vote

in the Scottish Parliament or the

5:55:375:55:40

Welsh Assembly on this and we remain

confident we will reach a position

5:55:405:55:44

which can attract support. I want to

stress this Bill takes no

5:55:445:55:49

decision-making away from devolved

administrations or legislatures. We

5:55:495:55:53

will return in more detail on day

four and day five of the committee.

5:55:535:55:58

We are pressing on with our

engagement with the Scottish and

5:55:585:56:01

Welsh governments. The Secretary of

State for Exiting the EU in union

5:56:015:56:06

has been in contact with them to

progress discussions. In addition at

5:56:065:56:13

the recent committee meeting the

principles that underpin those

5:56:135:56:21

frameworks were agreed with the

Welsh and Scottish governments. We

5:56:215:56:24

are now moving into the next phase

of this work with detailed analysis

5:56:245:56:28

of the policy areas. This is a clear

sign of progress. I reiterate the

5:56:285:56:33

point I made earlier, we would like

to see a Northern Irish executive,

5:56:335:56:39

power-sharing back in place so they

can engage further. In tandem

5:56:395:56:44

officials met yesterday for

technical discussions on the

5:56:445:56:46

amendments of the Scottish and Welsh

governments. I have spoken to no

5:56:465:56:53

less than four committees with

colleagues from across government. I

5:56:535:56:58

welcome their detailed scrutiny. We

will continue disengagement and we

5:56:585:57:02

had to make the case for this Bill

in every part of the UK. This

5:57:025:57:06

amendment would do is provide scope

for individual vetoes on our exit

5:57:065:57:10

from the EU. We've already held it

referendum that gave us a clear

5:57:105:57:14

answer on the question of leaving

the EU which Parliament subsequently

5:57:145:57:18

endorsed. If this amendment goes

against the grain of our

5:57:185:57:24

constitutional settlement and the

referendum.

Order, order. Mr Frank

5:57:245:57:31

Field.

In this debate many have

expressed worries about democracy.

5:57:315:57:38

Although the member for North East

Fife totally opposed to the position

5:57:385:57:44

I was putting, it was a stunning

speech. If people can be returned to

5:57:445:57:48

this House with those abilities I

don't think we can worry too much on

5:57:485:57:52

that front. The member for

Beaconsfield accused me of

5:57:525:57:55

simplicity. I hold his abilities

higher than he does his own

5:57:555:58:02

abilities. Sometimes choices are

clear. It is a clear how do we

5:58:025:58:12

negotiate the group that we are

facing in Europe. I think these

5:58:125:58:16

amendments are necessary. As the

government, without any fingerprints

5:58:165:58:23

of anybody else have tabled the

amendment strengthening the one type

5:58:235:58:30

it, I wish withdraw the amendment.

Is it your pleasure at the new

5:58:305:58:38

clause be withdrawn?

Ay.

We now come

to amendment 79 to clause one. The

5:58:385:58:52

question is that amendment 79 be

made.

Ay.

To the contrary know.

No.

5:58:525:59:01

Division.

5:59:015:59:13

The question is that amendment 79 be

made. As many as are of the opinion,

6:01:046:01:09

say aye. To the contrary, no. The

tellers for the ayes and the tellers

6:01:096:01:18

for the noes.

6:01:186:01:30

Lock the doors.

6:07:056:07:13

The ayes to the right, 52, the nos

to the right, 315. The question is

6:13:226:13:33

that

6:13:336:13:43

clause one, of that opinion, say

ayes, to the contrary, say nos.

6:13:446:13:50

Order! The question is that clause

one stand part of the Bill. As many

6:16:246:16:31

of that opinion say aye. On the

contrary, no. Tell us the ayes. Tell

6:16:316:16:44

us of the noes.

6:16:446:16:46

Lock the doors!

6:21:566:21:58

Order!

The ayes to the right 318.

The noes to the left 68.

The ayes to

6:27:166:27:35

the right 318. The noes to the left

68. The ayes have it, the ayes have

6:27:356:27:43

it. Unlock. We now continue with new

clause 14 with which it will be

6:27:436:27:54

convenient to consider the

amendments listed on the order paper

6:27:546:27:57

and clause six stand part. Mr Chris

Leslie.

Thank you. If we don't have

6:27:576:28:09

a transitional period after exit

date, if we find ourselves moving to

6:28:096:28:16

a substantially different

arrangement, we could find great

6:28:166:28:27

turmoil in our economy, significant

jobs moving to different

6:28:276:28:31

jurisdictions, and most people now

in this debate apart from the fabled

6:28:316:28:36

hardliners on the fourth row back

access that a transition is needed.

6:28:366:28:44

The Prime Minister made this point

in her foreign speech remarks.

6:28:446:28:50

However, I can see many honourable

members looking closely at the Bill

6:28:506:28:54

that they have before them. They

will see there isn't much in this

6:28:546:28:58

piece of legislation about the

transitional arrangement. It's left

6:28:586:29:03

very much up in the air exactly how

that will take place. New clause 14

6:29:036:29:11

seeks to get some clarity from the

government about how a transition

6:29:116:29:15

would operate. How that transition

would be put in place. New clause 14

6:29:156:29:21

simply calls for a report from

ministers one month after the Royal

6:29:216:29:26

assent for this Act to clarify a

number of things, but principally

6:29:266:29:31

the question of how retained

European law would be interpreted

6:29:316:29:39

during that transition period. And

by extension, how the European Court

6:29:396:29:44

of Justice and many of those other

aspects would apply during that

6:29:446:29:47

transition period.

Does he share my

incredulity that the government

6:29:476:29:55

hasn't just simply said yes of

course we need to inform businesses

6:29:556:30:00

and regulators are retained EU law

will be interpreted during the

6:30:006:30:03

transition? It is odd they aren't

recognising this is a basic thing

6:30:036:30:07

that needs to be done.

I suspect

it's because the government a

6:30:076:30:12

struggling with getting the

transition. They've admitted that

6:30:126:30:15

one is necessary which is a good

step. In the Florence speech the

6:30:156:30:21

Prime Minister made that concession.

In fact it was probably the biggest

6:30:216:30:26

single negotiating input we've seen

from the government since the

6:30:266:30:30

triggering of Article 50. If we

don't have that transition and I've

6:30:306:30:35

been talking to businesses, they are

hearing that by January - February,

6:30:356:30:40

if we haven't got some clarity, they

will have no choice but to put in

6:30:406:30:45

place contingency plans if no deal

happens. If we have that fabled

6:30:456:30:49

cliff edge at the end of March 20

19. This goes beyond the financial

6:30:496:30:58

services issues, it applies to a

number of sectors of the economy. We

6:30:586:31:01

need to make sure we have some

certainty which is why so much is on

6:31:016:31:05

the shoulders of the Prime Minister

in the December European Council

6:31:056:31:11

meeting, when we are told that

potentially we may get some movement

6:31:116:31:15

from the European Union and this

particular issue.

An excellent point

6:31:156:31:21

about transition. There are a series

of amendments on this issue. Has he

6:31:216:31:27

not also spoken to businesses that

are already having to make difficult

6:31:276:31:32

and costly decisions because of the

uncertainty that's been caused by

6:31:326:31:35

the government and the fact they see

this siren call from a first small

6:31:356:31:39

number who want us to go off that

cliff into a no deal catastrophic

6:31:396:31:44

Brexit? I don't know whether it's

sadism or masochism from a small

6:31:446:31:49

number of honourable members who

relish the idea of that no deals

6:31:496:31:53

scenario. WTO is a fantastic set of

circumstances, let's just dive in.

6:31:536:32:02

There is a consensus in this House

that a transition is necessary.

6:32:026:32:06

We've got to work together across

the party to make sure we put in

6:32:066:32:10

place the right legislative

framework for that. The point the

6:32:106:32:16

Prime Minister made herself in her

Florence speech was that the

6:32:166:32:22

European Court of Justice would

"Still govern the roles we are part

6:32:226:32:25

of during the transition". The Prime

Minister is right. The European

6:32:256:32:28

Union have said, the entirety needs

to apply during that transitional

6:32:286:32:38

period. But it is the equivalent of

the single market, the customs union

6:32:386:32:43

and the four freedoms that are

within that. That has to include the

6:32:436:32:48

European Court of Justice, if you're

going to sign up to that particular

6:32:486:32:52

set of arrangements. By the way that

is also the policy of the front

6:32:526:32:58

bench of the Labour Party. My

honourable friends will want to

6:32:586:33:06

envisage how that transition takes

place very shortly. It is worth

6:33:066:33:10

reminding ourselves wide during a

transition we would still need to

6:33:106:33:16

have a resolution mechanism through

the European Court of Justice. The

6:33:166:33:19

honourable member for Rushcliffe

mentioned earlier during an

6:33:196:33:24

intervention how we saw the UK take

the European Central Bank to the

6:33:246:33:29

European Court when there was some

question about whether euro

6:33:296:33:34

clearance arrangements might not be

feasible in the City of London. From

6:33:346:33:36

time to time we have benefited from

having that resolution arrangement.

6:33:366:33:44

What would happen for instance if

during a transition other

6:33:446:33:50

circumstances arise? For instance if

UK citizens needed some redress

6:33:506:33:53

because they lived abroad and wanted

to get pension payments, but perhaps

6:33:536:33:58

there was some obstacle. They would

need, during that transition, and

6:33:586:34:02

ability to get some redress for that

and the European Court could provide

6:34:026:34:06

it. If there was a breach of

competition rules adversely

6:34:066:34:10

affecting a UK firm, those firms

might seek to get redress during

6:34:106:34:15

that transition period. If the

European Union started parsing rules

6:34:156:34:19

in conflict with the transition

agreement that we had, you would

6:34:196:34:24

want that sort of circumstances to

resolve in our favour. If UK firms

6:34:246:34:30

were denied market access within the

European Union, you would need some

6:34:306:34:34

sort of resolution arrangement

during that transition period. The

6:34:346:34:38

application of the European Court of

Justice is quite integral. The Prime

6:34:386:34:42

Minister was right to accept that.

The legislation we have before us

6:34:426:34:46

today presents a problem.

He's

listed a whole series of issues,

6:34:466:34:57

each one of which is a legal issue.

How does he suppose that we could

6:34:576:35:02

delegate to the government by

prerogative power to decide how

6:35:026:35:06

courts would decide those issues?

My

amendment seeks to elicit from the

6:35:066:35:12

government how they are going to

deal with this. The Prime Minister

6:35:126:35:16

has said she accepts the European

Court of Justice would need to

6:35:166:35:20

continue to have jurisdiction during

the transition. But if you look at

6:35:206:35:24

the Bill, there are problems. I

would invite honourable members to

6:35:246:35:27

turn to Page three where they will

see clause five, sub clause one

6:35:276:35:31

states clearly the principle of the

supremacy of EU law doesn't apply to

6:35:316:35:38

any enactment or all of law passed

or made on or after exit day. The

6:35:386:35:42

ECJ arrangements in the Bill, as it

is framed, do not apply beyond exit

6:35:426:35:47

day. If you look further down on

page three at clause six, honourable

6:35:476:35:53

members will also see similarly no

regard made to the European Court

6:35:536:36:00

after exit date.

The honourable

gentleman is absolutely right, the

6:36:006:36:05

way in which this Bill is framed

takes no account of the possibility

6:36:056:36:11

of a transitional arrangement

whatsoever. My honourable friend

6:36:116:36:16

says it's not meant to but I can't

criticise the honourable gentleman

6:36:166:36:21

from raising this point because we

hear more and more about

6:36:216:36:26

transitional arrangements. That

highlights the fact that this Bill

6:36:266:36:29

can only do part of the task that we

have to do altogether. I think it's

6:36:296:36:34

right that we can seek in vain to

amend this Bill because we aren't

6:36:346:36:38

going to be able to make it do

something which deals with

6:36:386:36:42

transitional arrangements which

currently we know nothing about.

He

6:36:426:36:47

isn't entirely correct. The whole

purpose of the scrutiny at Committee

6:36:476:36:51

Stage is to try and get some sense

out of what is a very complicated

6:36:516:36:55

set of arrangements. In some ways

the Bill was drafted in an era

6:36:556:37:00

pre-Florence speech were you moved

from state aid to state B. The Prime

6:37:006:37:09

Minister has now accepted there is a

transition. The interim period has

6:37:096:37:13

been floated but of course there is

no legal architecture proposed

6:37:136:37:17

around that at this stage. The

government yesterday, the Secretary

6:37:176:37:26

of State for Exiting the EU European

Union floated the idea there might

6:37:266:37:28

be an Act of Parliament which would

also include details about

6:37:286:37:31

implementation after some

indeterminate point, potentially

6:37:316:37:35

after exit day. This amendment seeks

clarity from ministers. They must

6:37:356:37:42

set out in more detail precisely

what would be happening to the legal

6:37:426:37:48

framework within that transitional

period.

6:37:486:37:55

Does my honourable friend share with

media establishment at the answer

6:37:556:37:58

that we got earlier this afternoon

to my question as to how the

6:37:586:38:02

transition period, what the legal

base would be, and does he agree

6:38:026:38:08

with me that what the government has

succeeded in doing is minimising

6:38:086:38:14

their room for negotiation by fixing

the exit date but maximising the

6:38:146:38:19

legal uncertainty, which was the one

thing that business were calling for

6:38:196:38:22

before Christmas.

As my honourable

friend has said, my mind started to

6:38:226:38:30

wonder whether the government will

reverse a little bit on this fixed

6:38:306:38:33

date within the legislation. We will

wait and see. I think it is quite

6:38:336:38:39

obvious that it has not been as

thought through as it should have

6:38:396:38:42

been.

He is making some excellent

points. Various businesses in Maicon

6:38:426:38:50

Slough constituency and the unions

have pointed out the need for a

6:38:506:38:54

transitional period and the benefits

of that. Does he, like me, because

6:38:546:39:00

the actions of the government, that

we are sleepwalking towards a no

6:39:006:39:04

deal scenario which would have a

catastrophic impact on our economy?

6:39:046:39:09

I fear that is a scenario that is

beginning to loom on the horizon. We

6:39:096:39:14

know that the Prime Minister doesn't

want that because she says she wants

6:39:146:39:19

a transitional arrangement, but more

flesh needs to be put on the bones,

6:39:196:39:22

both in how the UK envisages that

transition but also the European

6:39:226:39:26

Council. If we don't get that deal

on the transition signalled and

6:39:266:39:31

perhaps more flesh put on the bone

in December, a lot of those firms

6:39:316:39:36

not unreasonably are going to start

to say, well, we have to plan for a

6:39:366:39:41

scenario where perhaps we will be

able to sell our services legally to

6:39:416:39:47

the other 500 million customers we

have across those other 27

6:39:476:39:55

countries, or we have been hearing a

situation where American banking

6:39:556:39:59

corporations that currently have

their place within London looking at

6:39:596:40:03

all sorts of convoluted branch back

arrangements so that they subsidiary

6:40:036:40:07

eyes back into the UK. It is getting

terribly collocated and expensive.

6:40:076:40:12

Ultimately these are all issues that

will hit consumers in the UK,

6:40:126:40:18

workers in the UK, and I did promise

I would give way.

I share his hope

6:40:186:40:27

and the Prime Minister's hope that

there will be a sensible in

6:40:276:40:31

fermentation period. Though it is a

diminishing asset as the Secretary

6:40:316:40:35

of State has said unless, if it is

left later and later. But I welcome

6:40:356:40:42

the enquiring way that he has put

forward his amendment. But I think

6:40:426:40:46

he has made his own point, that if

there are to be any enforceable

6:40:466:40:50

legal obligations arising from a

withdrawal agreement or any

6:40:506:40:55

agreement after we have left, they

should be done through the act of

6:40:556:41:00

Parliament that was announced

yesterday and not incorporated into

6:41:006:41:04

this Bill. That is why it is safe to

put in this build the exit date

6:41:046:41:07

because the exit date ends the

jurisdiction of the European Court

6:41:076:41:12

of Justice.

Imagine the

circumstances when the exit date

6:41:126:41:17

falls on that fateful 11pm on the

29th of March, 2019, and there is no

6:41:176:41:26

legislative architecture in place

for that transitional period, from

6:41:266:41:31

11:01pm and thereafter. There is no

guarantee at present from the

6:41:316:41:36

government that that legislation

will be put in place, will be

6:41:366:41:41

published, consulted upon, that

businesses will know what that

6:41:416:41:44

transitional legal framework is

going to be from that time on the

6:41:446:41:50

29th of March onwards. The

government have said that it might

6:41:506:41:53

be the case that we don't get this

latest offer of an act of Parliament

6:41:536:41:56

until not only after a withdrawal

treaty has been signed and sealed by

6:41:566:42:03

ministers but also after Exit day.

So there is a hiatus. What is the

6:42:036:42:08

legal architecture that fills that

gap within that particular

6:42:086:42:10

transition? I will give way.

This

Bill as it stands seems to me to say

6:42:106:42:21

that upon Exit day, thereafter, all

European law and legal obligations

6:42:216:42:28

goes. So if we have the transition

period as proposed by the Florence

6:42:286:42:36

speech, this subsequent Bill will

presumably have to amend this Bill

6:42:366:42:40

and change the government's position

and suddenly start producing new

6:42:406:42:46

provisions that qualified. As the

Florence speech seems to be the only

6:42:466:42:49

policy we can cling to, agreed by

both front in theory, wouldn't it be

6:42:496:42:55

logical just above the substance of

the Florence speech into this Bill

6:42:556:42:59

and adjust it so it complies with

it?

He and I have shared inspiration

6:42:596:43:04

in the form of an amendment that

will also come up on day eight of

6:43:046:43:08

the committee stage and of course

the Labour front bench, my front

6:43:086:43:14

bench, we'll be talking to their own

amendment 278 very shortly that

6:43:146:43:19

seeks to deal with this problem by

dithering exit date until after the

6:43:196:43:25

transition has been completed

because essentially you would keep

6:43:256:43:27

the existing legal framework in

place, not just for this period,

6:43:276:43:31

until Exit day, but also for the

period of transition. That would be

6:43:316:43:36

one way to solve this particular

arrangement. This Bill blow cannot

6:43:366:43:39

adequately deal with transition, not

just of the contradictions in clause

6:43:396:43:46

five and six, but even if you try to

sort of stand on one leg and squint

6:43:466:43:50

a little bit at the transitional,

the order making powers in clause

6:43:506:43:55

seven, sub clause three, or clause

nine, none of those rule-making

6:43:556:44:01

regulatory changes are capable of

dealing with the implementation of a

6:44:016:44:07

transitional period. So it's clear

that we do need some answers from

6:44:076:44:11

ministers. They have said they are

going to bring forward an act but

6:44:116:44:14

they have to make sure that we have

certainty for business for that

6:44:146:44:18

period of transition. It could be a

two year plus transition period. I

6:44:186:44:23

think two years is too short a

period for the transition, but if it

6:44:236:44:29

is two years, that is a long period

of time for businesses to operate

6:44:296:44:32

without legal certainty. And new

clause 14 simply says that ministers

6:44:326:44:38

must give details within one month

of Royal assent for how that

6:44:386:44:42

European Court of Justice

arrangement will apply during the

6:44:426:44:45

transition.

Is it not clear, looking

at what is being said in Europe and

6:44:456:44:53

what is being set by business, that

what they actually want is the

6:44:536:44:57

transition deal to be the same as

what we have now with all the same

6:44:576:45:02

obligations so they don't have to go

through two sets of changes?

That is

6:45:026:45:08

absolutely deep reference that I

think most sensible observers to

6:45:086:45:11

this arrangement would want to see.

The reason you need the transition

6:45:116:45:18

is that the trade deal arrangements

can't possibly be made adequately by

6:45:186:45:21

the time we get to Exit day, unless

the Secretary of State for

6:45:216:45:28

international trade is going to pull

a rabbit out of a hat but I doubt

6:45:286:45:32

very much we are going to get that

and so that period of transition is

6:45:326:45:36

absolutely vital. So the UK can

salvage and stitched together some

6:45:366:45:45

talk of -- some sort of trade

arrangements. Those have got to be

6:45:456:45:56

copied and pasted into UK

arrangements. The honourable member

6:45:566:46:03

for Beaconsfield talked about the

759 different international

6:46:036:46:06

treaties. We don't know how those

are going to apply. And in law, we

6:46:066:46:11

have to not just think about the

circumstances after the transition

6:46:116:46:14

but during the transition. This is a

massively complex read -- legal step

6:46:146:46:20

that we have to make and we have no

clarity from ministers apart from

6:46:206:46:26

this concession yesterday that there

might be an act, possibly after Exit

6:46:266:46:30

day, maybe with a vacuum. I will

give way to the Minister. If he is

6:46:306:46:37

saying no, he will enact this

legislation well ahead of Exit day?

6:46:376:46:44

It proves my point, we need to get a

report from the government quickly

6:46:446:46:48

after Royal assent to answer this

particular question. It's a very

6:46:486:46:53

gentle, soft amendment that I've

tabled. Hopefully, it would merge

6:46:536:46:58

the government to answer this

particular question.

A transition

6:46:586:47:04

implies moving from one place to

another. If we write into statute on

6:47:046:47:09

this Bill the date we leave and

industry and our economy except the

6:47:096:47:15

next day and we're out of the

jurisdiction of of the European

6:47:156:47:20

Court of Justice, the customs union,

the single market, that is not a

6:47:206:47:24

transition, that is an overnight

crash from which the government is

6:47:246:47:28

then saying we will transition to

something else and we will pick up

6:47:286:47:32

the pieces. This is like Roadrunner

hitting the ground and then having

6:47:326:47:36

to pick himself up afterwards. This

is not an orderly transition, this

6:47:366:47:40

is a car crash by any definition.

Does he not agree?

There are massive

6:47:406:47:46

risks to this happening and if we

don't have an ordinary transition,

6:47:466:47:50

big consequences will flow from

that. But in a way we have been

6:47:506:47:54

talking about this day, the 29th of

March, 2019, as a key date. There is

6:47:546:48:00

another critical date. We have got

to have certainty about what is

6:48:006:48:07

going to be the shape of this

transition by that particular time.

6:48:076:48:11

The clock is ticking much more

swiftly than ministers may have

6:48:116:48:15

appreciated. So we need to know that

ministers are rolling up their

6:48:156:48:20

sleeves ahead of the European

Council in December. We may just

6:48:206:48:25

complete the committee stage of this

Bill in the week, I think it is the

6:48:256:48:30

14th of December. But it is vital

that businesses get that certainty

6:48:306:48:34

and it's also vital that ministers

set out how aspects of that

6:48:346:48:38

transition are going to take place.

In a way it would be disloyal to the

6:48:386:48:43

Prime Minister for them not to do

so.

He has mentioned the concerns of

6:48:436:48:49

business and that is widespread. It

is from the CBI, the Federation of

6:48:496:48:56

Small Businesses, right across. And

it also is a concern of the workers

6:48:566:49:01

and their representatives, the TUC

and many trade unions have also

6:49:016:49:06

pointed to this issue. So why on

earth is the government being so

6:49:066:49:09

stubborn?

We can only speculate.

There was even a suggestion at one

6:49:096:49:15

point that ministers haven't even

yet broached the topic of transition

6:49:156:49:20

with their counterparts in the EU.

But thankfully the Prime Minister

6:49:206:49:26

raised it in the Florence speech so

I hope that her ministers are now

6:49:266:49:30

getting that underway. We need more

certainty, more clarity. There is a

6:49:306:49:39

serious two year plus period of time

when legal arrangements need to be

6:49:396:49:43

put in place. It is not unreasonable

for this House to ask ministers to

6:49:436:49:48

clarify that at the earliest

opportunity, especially at the end

6:49:486:49:53

of Royal assent for this particular

act. I commend clause 14 to the

6:49:536:49:56

House.

The interpretation of retained EU

6:49:566:50:04

law during transitional period.

The

question is that new law 14B read a

6:50:046:50:08

second time. Cheryl Gillan.

I rise to my feet to move amendments

6:50:086:50:17

303 and 304 that stand in my name.

To return to a matter that I raised

6:50:176:50:21

at second reading, I would hasten to

add that these particular amendments

6:50:216:50:29

relate to a specific constituency

case of mine, but I don't want to

6:50:296:50:34

aid the details, I want to state the

principles, because I think the case

6:50:346:50:38

in itself raises a problem which I

would like government to have a look

6:50:386:50:43

at. This Bill transfers all EU law

into UK law, effective on the day of

6:50:436:50:51

exit, ensuring that all rights

enjoyed by British citizens as they

6:50:516:50:54

stand today will be available to

them after Brexit. But due to some

6:50:546:51:01

practical things, there are some

rights that cannot be transferred

6:51:016:51:03

easily. They are entirely reliant on

the European Court. The right of an

6:51:036:51:11

individual to sue a member state for

damages with the law has been

6:51:116:51:15

incorrectly applied and has cause

them harm is a right that is

6:51:156:51:20

ultimately reliant upon the rulings

of the European Court and a legal

6:51:206:51:24

precedent that I think many of the

lawyers I am surrounded by her no.

6:51:246:51:29

Although I am sure the UK courts

will deal with this kind of case,

6:51:296:51:35

they must refer questions on

interpretation or application of EU

6:51:356:51:39

law or EU equal principles to the

European Court, particularly when

6:51:396:51:43

that interpretation is unclear and

applies to every member state. This

6:51:436:51:48

reference to the European Court will

occur, for example, when the

6:51:486:51:52

interpretation of rules in relation

to VAT is required. After Brexit,

6:51:526:52:01

the UK court will determine all law

and there will be no references to

6:52:016:52:04

the European Court. I want to give

the government an opportunity to

6:52:046:52:10

ensure that the principle

underlying, the protection of

6:52:106:52:16

individuals against malfeasance by

the state, will develop within the

6:52:166:52:21

British legal system. In the

meantime, however, there is a

6:52:216:52:24

transitional issue arising from

changes in the law that impacts

6:52:246:52:27

individuals who have already

commenced such legal action prior to

6:52:276:52:32

Brexit or who may wish to commence

such an action after Brexit in

6:52:326:52:36

relation to an issue that occurred

in the period prior to Brexit. I

6:52:366:52:39

give way to my right honourable

friend.

6:52:396:52:45

Shirov 's is a really important

issue and it's not just a

6:52:456:52:49

transitional issue it is a rule of

law issue. It's about legal

6:52:496:52:54

certainty and I have to say she's

absolutely right to raise and she

6:52:546:52:57

may agree with me that the

government is going to have to deal

6:52:576:53:00

with this. Ultimately, it's a

fundamental principle of law that

6:53:006:53:05

people should be able to have that

certainty when they commence action.

6:53:056:53:11

He is also my neighbour in

Buckinghamshire and knows I have

6:53:116:53:15

been preoccupied with this for some

time and of course there is that

6:53:156:53:20

principle of UK law called

legitimate expectation, which is

6:53:206:53:24

based on principles of natural

justice and fairness and seeks to

6:53:246:53:28

prevent authorities from abusing

power and I think that is most

6:53:286:53:30

important. Essentially, this

principle ensures that rules cannot

6:53:306:53:35

be changed halfway through the game

if an individual had a reasonable

6:53:356:53:41

expectation they would continue.

Changes to UK law can only happen,

6:53:416:53:46

they can only apply from a point in

the future onwards, they cannot be

6:53:466:53:51

applied in the past so anyone

lodging court proceedings can do so

6:53:516:53:55

knowing that the rules that applied

at the time they lodged those

6:53:556:53:58

proceedings will apply to their

case. If that was not so, then the

6:53:586:54:04

law could be retrospectively changed

in favour of the state. I give way.

6:54:046:54:11

She is making a powerful case and I

agree with her about the need to

6:54:116:54:16

deal with the Francovich issue. As

she served as the member of the

6:54:166:54:21

Parliamentary assembly Council of

Europe, which we agree with me that

6:54:216:54:24

to leave people without law in these

cases and to bridge that more of

6:54:246:54:30

expectation would not be consistent

without people being given their

6:54:306:54:33

full entitlement under our

commitments as part of the Council

6:54:336:54:37

of Europe will stop

he served with

great distinction on the Council of

6:54:376:54:45

Europe and I am thrilled to have

input on the Council of Europe today

6:54:456:54:49

and I think it is, with several

colleagues across the benches, and I

6:54:496:54:55

happen to think that this is

extremely important, as is our

6:54:556:55:00

membership of the Council of Europe

and I think my honourable friend is

6:55:006:55:04

right, it will be looked at with

some suspicion by the other 46

6:55:046:55:10

members of the Council of Europe.

For that reason I think it's

6:55:106:55:18

important that if we change the law

with this Bill, changes that result

6:55:186:55:22

from this Bill only apply from a

point in the future, so that

6:55:226:55:28

individuals can rely on the law as

it has stood up to the point that

6:55:286:55:33

the law changed. I give way.

I am

sympathetic to the arguments she is

6:55:336:55:39

putting forward. Following on the

intervention from the member for

6:55:396:55:45

Bromley and Chislehurst, does she

not agree with me that if people's

6:55:456:55:48

legitimate expectations and right to

effective remedy is withdrawn as a

6:55:486:55:53

result of government action then

those individuals might have caused

6:55:536:55:57

for action against the government

under the EEC HR?

--

EEC HR.

What I

6:55:576:56:09

am trying to do here is to give the

government and opportunity to

6:56:096:56:12

examine this because I think it is

so serious and I also think that no

6:56:126:56:15

British government would want the

sort of unfairness thrown up by this

6:56:156:56:20

anomaly if you like that has arisen

from the way the bill is drafted.

6:56:206:56:24

The repeal bill already states in

schedule eight, part four, 23, that

6:56:246:56:34

Francovich can continue and rely on

principles however I think there is

6:56:346:56:38

an error in the bill in that the

bill does not allow anyone who has

6:56:386:56:42

commenced an action prior to the day

of exit the right of a reference to

6:56:426:56:46

the European Court which they could

have reasonably expected when

6:56:466:56:51

lodging their claim in court prior

to Brexit.

I'm grateful to her. That

6:56:516:56:59

must be wrong as well. In the past

when we have had references to the

6:56:596:57:04

Privy Council, for example, and the

country has terminated those

6:57:046:57:07

references, the references have

continued after the date of

6:57:076:57:12

termination until all the cases

going through the system are

6:57:126:57:15

completed so it must follow that

references to the ECJ, CJ you

6:57:156:57:19

perhaps to give it its full title,

must be able to continue after the

6:57:196:57:24

date of exit.

He is making the same

point as I am trying to make with my

6:57:246:57:31

intervention at this stage because

the bill does not allow anyone who

6:57:316:57:35

has suffered harm calls an act of

the state in the period prior to the

6:57:356:57:40

day of exit the right to lodge a

claim under the rules as they stood

6:57:406:57:44

at the time.

I am grateful to you

for giving way. This is incredibly

6:57:446:57:53

important for people such as those

in my constituency who are

6:57:536:57:58

potentially facing issues

surrounding HS two where there may

6:57:586:58:03

be a right of claim that arises

between now and exit day, whenever

6:58:036:58:09

that is set and it is absolutely

vital that in that period their

6:58:096:58:12

rights are not changed.

She is

leading me down a path I would don't

6:58:126:58:18

wish to go. I was hoping I could

make my contribution today without

6:58:186:58:27

mentioning HST but the problem is if

I don't mention it, then someone

6:58:276:58:30

else does but I agree with him

entirely and I think to deny people

6:58:306:58:33

these rights would be an abuse.

Retrospective removal of rights

6:58:336:58:38

which is leaked principles of

legitimate expectation because

6:58:386:58:45

people have and expect taking at

their grievances should be heard at

6:58:456:58:47

the time they were affected so it's

for this reason I am proposing these

6:58:476:58:52

minor amendments to the bill that I

believe don't undermine the overall

6:58:526:58:57

effect of the bill but give some

legal certainty to those who are

6:58:576:59:01

caught in this transitionary period.

Anyone who has a claim originating

6:59:016:59:06

within the period prior to Brexit

should be able to have their claim

6:59:066:59:09

heard under the walls as they stood

prior to Brexit, including a right

6:59:096:59:14

to a reference to the European

Court. The British people voted to

6:59:146:59:19

Brexit to improve their rights and

the rights of their fellow citizens,

6:59:196:59:22

they didn't vote to cause legal

confusion or harm or frustrate the

6:59:226:59:25

rights of those in the courts during

this transitionary phrase. And the

6:59:256:59:29

bill already states that cases

occurring during the transition

6:59:296:59:38

period can continue, I think my

amendments do nothing other than

6:59:386:59:42

ensure that that happens fairly and

I really hope that the government

6:59:426:59:46

will respond positively to these

amendments and just remember that

6:59:466:59:49

justice delayed or denied is justice

denied.

It's a pleasure to follow

6:59:497:00:02

the Right Honourable member who made

very thoughtful and sensible points

7:00:027:00:08

in the moving amendments which we

would support.

But I rise to move

7:00:087:00:15

amendment on hundred 78 and the

consequential amendments to 79

7:00:157:00:19

through two to 84-macro, which allow

for transitional arrangements within

7:00:197:00:23

the existing structure of rules and

regulations and I will be moving

7:00:237:00:29

amendments 306 but returned to their

separate issues later. Starting with

7:00:297:00:35

Amendment 278, this follows on from

our earlier debate around clause one

7:00:357:00:42

but it brings into even sharper

focus the issue of the court of

7:00:427:00:46

justice of the European Union's

jurisdiction during a transition

7:00:467:00:49

period. As I said in the previous

bait and my honourable friend the

7:00:497:00:54

member for Nottingham East has

highlighted in this debate there can

7:00:547:00:59

be no transitional period on current

terms as the Prime Minister wishes

7:00:597:01:03

without that jurisdiction. The

foreign speech has been much quoted

7:01:037:01:12

already -- the Florence speech has

been much credibility refer to it

7:01:127:01:14

one more time, briefly. The Prime

Minister made the speech after the

7:01:147:01:22

bill was published and so perhaps in

its early drafting it didn't have

7:01:227:01:28

the opportunity to accommodate the

emphasis that she put in it on, and

7:01:287:01:32

I quote, the "Important steps that

have added an impetus to the

7:01:327:01:38

process." And she said to the second

of those steps, "I propose a

7:01:387:01:44

time-limited in meditation period

based on current terms, which is in

7:01:447:01:48

interest of both the UK the EU."

Except in the case made by business

7:01:487:01:53

and trade unions and crucially,

game, making the point that it is on

7:01:537:01:58

current terms. As I said in the

earlier debates, we were pleased she

7:01:587:02:03

caught up with Labour on this

position but seven weeks on from the

7:02:037:02:10

Florence speech, the government have

failed to reflect the ambition of

7:02:107:02:16

her minister had them in any

amendments to the Bill. They have

7:02:167:02:19

come up with the bizarre amendments

we debated around clause one but

7:02:197:02:25

they failed to address that ambition

and so we have helped police stepped

7:02:257:02:33

in with Amendment 278 to 284 to fill

that gap. These amendments mean in

7:02:337:02:39

relation to the jurisdiction of the

court of justice, exit day should

7:02:397:02:43

come at the end of the transitional

period and for a simple reason.

7:02:437:02:47

Without acceptance of the continuing

role of the course of justice during

7:02:477:02:50

the transition, the idea that the

meditation period based on current

7:02:507:02:56

terms could it happen in the way the

Prime Minister described is,

7:02:567:02:59

frankly, delusional. The government

have a choice.

I get the feeling

7:02:597:03:06

there is a bit of cart before the

horse here. No transitional

7:03:067:03:12

implementation has yet been agreed.

It has got to be part of the deal

7:03:127:03:17

and it would be a mistake for this

House to start putting things into

7:03:177:03:21

this bill in the expectation of

certain things, which may may not

7:03:217:03:25

happen and that is why my right

honourable friend has announced a

7:03:257:03:30

separate act of Parliament to

implement any agreement when these

7:03:307:03:33

things are dealt with. This bill is

a much simpler bill than the

7:03:337:03:37

opposition would like be.

There are

some strands of fair comment in that

7:03:377:03:48

intervention, which is precisely why

we are moving our amendments because

7:03:487:03:52

we don't want the government in

relation to the debate we had

7:03:527:03:57

previously, we didn't want to see

the government closing down options

7:03:577:04:00

and without clear jurisdiction of

the Court of justice during a

7:04:007:04:07

transitional period, options would

be closed down. I won't, I have... I

7:04:077:04:19

gave way many, many times during the

previous debate and I'm conscious

7:04:197:04:23

that there are many more amendments

to this clause. I've said no. I want

7:04:237:04:31

to give others the opportunity. I

took every single intervention, I

7:04:317:04:35

think with the exception of one of

my honourable friends, towards the

7:04:357:04:38

end of the last debate so I just

want to make some progress. The

7:04:387:04:45

government have a choice to make

today and... I wish honourable

7:04:457:04:55

members would stop chuntering. The

government have a choice to make

7:04:557:04:58

today and they have to make it on

our amendments to hundred 78. For

7:04:587:05:03

goodness' sake, the honourable

member could do better than that,

7:05:037:05:07

even from a sedentary position. We

are...

Go on, just ignore him.

I

7:05:077:05:20

have explained why, in interest of

other members, having taken every

7:05:207:05:26

single intervention, of which came

from government benches in the last

7:05:267:05:30

debate, I'm not going to on this

occasion. He can chant on...

Ignore

7:05:307:05:35

him.

The government have a choice to

make today and it is a choice on

7:05:357:05:40

Amendment 200 78. Are they serious

about pursuing a transitional period

7:05:407:05:45

and ensuring the economy does not

fall off a cliff edge in March 2019

7:05:457:05:50

when we leave the U or does the

ideological breadline on the cause

7:05:507:05:53

of justice take greater priority

than jobs and livelihoods of people

7:05:537:05:57

in this country? But there are other

issues to be addressed on this

7:05:577:06:03

clause, too, and our amendments 306

seeks to do that. It makes provision

7:06:037:06:07

for UK courts to take account of

court of justice sessions on

7:06:077:06:14

entitlements, rights and

protections, employment equality and

7:06:147:06:16

health and safety and the intention

of the amendment is to help to

7:06:167:06:20

ensure we maintain and keep up with

the social standards within the EU,

7:06:207:06:26

not simply holding our workers and

equality writes in status but to

7:06:267:06:34

keep up as the EU 27 move forward.

The EU have made it very clear that

7:06:347:06:40

they will want a level playing field

in all of these areas if we are to

7:06:407:06:44

strike an effective trade deal. We

are regularly told that the

7:06:447:06:49

government doesn't want to erode

rights and protections but we have a

7:06:497:06:57

Prime Minister who has repeatedly

criticised the social chapter and a

7:06:577:07:01

Foreign Secretary who decried the

back breaking weight of EU

7:07:017:07:05

employment legislation so we do have

two ensure that we secure the clear

7:07:057:07:09

guarantees in this bill. Our

Amendment 306 addresses the concerns

7:07:097:07:15

of the former president of the UK

supreme court. On the 8th of August

7:07:157:07:21

he raised concerns about clause six,

section two and the position in

7:07:217:07:26

which left the judiciary on the

interpretation of EU retained law

7:07:267:07:30

saying that a court or tribunal need

not have regard to anything done on

7:07:307:07:35

or after exit today by the European

Court, another EU entity or the EU

7:07:357:07:41

but may do so if it considers it

appropriate to do so. He has said in

7:07:417:07:47

relation to that clause if the

government doesn't express clearly

7:07:477:07:50

what the judges should do about

decisions that the ECJ after Brexit

7:07:507:07:54

or about any topic after Brexit then

the judges will have to do their

7:07:547:07:59

best.

7:07:597:08:05

Our amendment 306 six to address

those concerns by removing the vague

7:08:057:08:12

reference to, if it considers it

appropriate to do so, and requires

7:08:127:08:16

UK courts to take account of, to

take account of, Court of Justice

7:08:167:08:22

decisions in relation to employment,

equality and health and save the

7:08:227:08:24

right. We do need to resolve this.

Isn't part of the problem that this

7:08:247:08:43

is an area of law which has quite a

political aspect to it because in

7:08:437:08:51

reality, this law has been in trench

when it has come from the EU and

7:08:517:08:55

also represents a number of areas

that have been treated by some as

7:08:557:09:01

being fundamental rights. The

difficulty therefore the judiciary

7:09:017:09:04

is that they are going to be asked

to continue into Britain and this

7:09:047:09:07

law without, and I think this is the

nub of it, a real political guidance

7:09:077:09:13

as to what emphasis they should a

tribute to it. In light of the

7:09:137:09:23

emphasis it has been given in the

past. So it is not just any old law

7:09:237:09:27

but something rather more complex

and more sensitive for the

7:09:277:09:30

interpretation.

The right honourable

member is right and it's that which

7:09:307:09:37

we are seeking to address with our

amendment 306. Let me come briefly

7:09:377:09:42

to some of the other amendments that

are to be discussed. We very much

7:09:427:09:50

support new clause 14 in the name of

the right honourable member for

7:09:507:09:56

Nottingham East, which sensibly

calls for a report to be laid before

7:09:567:09:59

Parliament on the interpretation of

EU law during a transitional period.

7:09:597:10:04

We also support amendment 137 which

seeks to have UK courts pay due

7:10:047:10:14

regard to decisions when discussing

new categories of retained EU law.

7:10:147:10:27

And matters pending on exit date to

be referred, which is clearly common

7:10:277:10:33

sense. We think that amendment 357,

moved by the Right honourable member

7:10:337:10:48

for Bromley and Chislehurst raises

important issues and looking forward

7:10:487:10:51

to the Minister's clarification on

those and would support 358, which

7:10:517:10:57

helps, in our view, with the

interpretation of EU retained law.

7:10:577:11:02

But I would end on the same note I

began and urged the government to

7:11:027:11:06

accept our amendment 278 and its

consequential amendments and, in

7:11:067:11:13

doing so, to put aside their

obsession with the ECJ so that we

7:11:137:11:18

can ensure an effective transitional

deal with the EU, which they, we,

7:11:187:11:23

business and trade unions want to

achieve.

7:11:237:11:27

Minister, Mr Dominic Raab.

I rise to move that clause six

7:11:277:11:34

stands part of the Bill. It is a

great privilege as well as a

7:11:347:11:39

pleasure to speak on behalf of of

the government on this essential

7:11:397:11:42

Bill, and in particular on this

particular clause and the varied

7:11:427:11:45

amendments to it. The Bill is

complex but, at root, it boils down

7:11:457:11:54

to achieving two Basic but

fundamental objectives and I think

7:11:547:11:56

it's worth bearing those in mind as

we proceed through both the clause

7:11:567:12:02

and the amendments. First we are

delivering on the referendum by

7:12:027:12:05

taking back control over our laws.

The number one reason people voted

7:12:057:12:10

to leave the EU in the referendum.

And the second thing that this Bill

7:12:107:12:15

does is make sure there is legal

certainty, a smooth transition for

7:12:157:12:21

citizens and businesses, mitigating

one of the key risks of Brexit that

7:12:217:12:25

I think is felt whether you voted

leave or remain. I give way.

On the

7:12:257:12:31

issue of certainty, I think it is

essential that the Supreme Court

7:12:317:12:35

does have certainty. The first part

of subsection two is admirably

7:12:357:12:42

clear. A court or tribunal need not

have regard for anything done or or

7:12:427:12:47

after exit date. I think Lord

Newberg has got a point and I give

7:12:477:12:57

it Minister and opportunity now to

make clear the government's

7:12:577:13:00

position.

I thank my honourable

friend and I am going to come onto

7:13:007:13:07

that one later on but the basic

point I make at the outset is the

7:13:077:13:10

various clauses and the amendment

should respectively be judged

7:13:107:13:18

accordingly to those two basic

strategic objectives, taking control

7:13:187:13:21

of our laws and making sure there is

a smooth transition. Clause six sets

7:13:217:13:26

out how once we have taken back

control over EU law, retained EU

7:13:267:13:32

law, should be interpreted on or

after exit date. It makes clear that

7:13:327:13:36

once the UK leaves the EU, domestic

courts will not be able to refer

7:13:367:13:40

cases to the European Court. An

affirmation of the supremacy of our

7:13:407:13:46

comb courts and our own legal order.

He is making a very powerful case.

7:13:467:13:55

The Select Committee that I'd share

has looked at the applications for

7:13:557:14:02

equality law. At the moment,

individuals can take cases to the

7:14:027:14:07

Court of justice for the EU and gain

decisions there that may have a

7:14:077:14:13

great impact on their lives. They

will not be able to do that in

7:14:137:14:17

future. What will my honourable

friend say to the government looking

7:14:177:14:20

further at this at how domestic

ports might be able to assess the

7:14:207:14:26

compatibility of UK law with

equality law to make sure that in

7:14:267:14:32

the future we don't have any

problems with the way our law

7:14:327:14:36

develops in this area?

Can I first

of all thank my right honourable

7:14:367:14:42

friend, the member for Basingstoke,

for her intervention and for

7:14:427:14:47

highlighting what I except is an

important issue in the very

7:14:477:14:49

constructive way that she has done.

I look carefully at her report, and

7:14:497:14:56

I had discussions with the

equalities minister is on the points

7:14:567:14:59

she has made today I can tell the

House that we have now commissioned

7:14:597:15:04

work to be done on an amendment that

the government table before report

7:15:047:15:09

stage and it will require ministers

to make a statement before the House

7:15:097:15:12

in the presentation of any Brexit

related primary or secondary

7:15:127:15:18

legislation on whether or how it is

consistent with the equalities act,

7:15:187:15:21

and I hope that gives my right

honourable friend the reassurance

7:15:217:15:24

she needs that the government is

serious about addressing the very

7:15:247:15:27

legitimate point that she has

raised. The point I was making

7:15:277:15:31

before the intervention was that

once the UK leaves the EU, domestic

7:15:317:15:37

courts will be able to refer cases

to the European Court of Justice. It

7:15:377:15:43

also provides that domestic courts

and tribunals will not be bound or

7:15:437:15:48

required to have regard to ECJ

decisions made after Brexit.

7:15:487:15:53

Instead, could I just finished my

Trail because I am at risk of

7:15:537:16:00

answering the question before he

puts it. Instead, UK courts will be

7:16:007:16:04

able to take those post-Brexit

judgments into account when they

7:16:047:16:07

make decisions, if they consider it

appropriate to do so. As they can

7:16:077:16:15

with the judgments of courts on

other jurisdictions, common law

7:16:157:16:18

around the Commonwealth and

elsewhere. I give way to my right

7:16:187:16:22

honourable friend.

I am most

grateful to my honourable friend for

7:16:227:16:26

giving way. The point I think, there

are number of different points that

7:16:267:16:32

feature in all this, but clearly one

of the points about the legal that

7:16:327:16:35

was raised earlier is that it is one

thing to be able to take a case to

7:16:357:16:41

the Supreme Court but, if under a

previous sector regime you could

7:16:417:16:44

take it as a reference to the ECJ,

then has the government considered

7:16:447:16:51

the propriety issues surrounding

removing that right for a case which

7:16:517:16:55

is currently... Which is current.

The government may be able to

7:16:557:17:02

provide President and justification

for what it is doing but it does

7:17:027:17:07

trouble me, and simply for the sake

of trying to get rid of the ECJ in

7:17:077:17:11

one fell swoop, which I think is

going to be rather difficult anyway

7:17:117:17:15

for other reasons, it just strikes

me as an odd way of going about it.

7:17:157:17:21

I thank my right honourable and

learned friend. I am hoping I can

7:17:217:17:25

give him some reassurance as we

progress through committee stage.

7:17:257:17:29

Some of what he is talking about

pledges on clause five as much as

7:17:297:17:33

clause six, but let me have a go at

it today. For as long as retained EU

7:17:337:17:37

law... I will give way to the

chairman of the Select Committee.

7:17:377:17:42

Since the Prime Minister has

accepted that in a transitional

7:17:427:17:49

period the European Court of Justice

would govern the rules we are part

7:17:497:17:55

of, could he explain to the House

how that is compatible with clauses

7:17:557:18:00

five and six as currently drafted,

which say that it would have no

7:18:007:18:05

further sway after Exit day? And in

that case, could you tell us whether

7:18:057:18:14

the government intends to amend this

Bill as it proceeds through

7:18:147:18:19

committee, to recognise those two

things, or does he propose to do it

7:18:197:18:25

in the new Bill that the Secretary

of State announced house yesterday?

7:18:257:18:30

I think he has answered his own

question. The point is that we will

7:18:307:18:35

be producing separate primary

legislation to deal with the

7:18:357:18:37

withdrawal agreement and the terms

of any transition. We shouldn't be

7:18:377:18:41

putting the cart before the horse.

What this is about is making sure

7:18:417:18:45

that we have all the means at our

disposal to make sure we can

7:18:457:18:48

implement in UK law any deal and the

terms of that deal as and when it is

7:18:487:18:53

struck. If he could allow me, I am

going to make a little bit of

7:18:537:18:59

progress because I suspect some of

these queries will be raised and

7:18:597:19:05

addressed in relation to the

specific amendments that others have

7:19:057:19:10

tabled. The point is, in relation to

clause six, that for as long as

7:19:107:19:15

retained EU law remains in force in

the UK, it is essential that there

7:19:157:19:19

is a common understanding of what

that law means. That is critical for

7:19:197:19:23

legal certainty and, in real terms,

the very predictability of law that

7:19:237:19:28

businesses and individuals rely on

everyday as they go about their

7:19:287:19:31

lives. We want to provide the

greatest possible certainty. I

7:19:317:19:39

suspect it is a shared objective.

The question is how we achieve it.

7:19:397:19:43

Clause six ensures that UK law

must...

7:19:437:19:57

I am going to make a little bit more

progress and then I will give way to

7:19:587:20:02

my right honourable friend. The

intention, and this is the crucial

7:20:027:20:07

point, reflected in clause six is

not a fossilised past decisions of

7:20:077:20:11

the ECJ for ever and a day. Clause

six provides that our Supreme Court

7:20:117:20:15

and the High Court of judiciary in

Scotland will be able to depart from

7:20:157:20:21

pre-exit caselaw and in doing so

they will apply the same test they

7:20:217:20:27

do from their own caselaw in the

ordinary way. We have, in my view,

7:20:277:20:34

the finest judiciary in the world.

Our courts are fiercely independent

7:20:347:20:38

of government. They have proof that

during the Brexit process already.

7:20:387:20:43

Clause six provides them with

clarity about how they should

7:20:437:20:47

interpret the change to EU law after

Brexit and as we take back control

7:20:477:20:51

over our laws it must be right that

the UK Supreme Court, not the

7:20:517:20:55

European Court of Justice in

Luxembourg, has the last word on the

7:20:557:20:58

laws of the land. It is of paramount

importance therefore that this

7:20:587:21:03

clause stands part of the Bill. I

give way to my right honourable

7:21:037:21:10

friend.

The minister is being very

helpful on one aspect of the Bill,

7:21:107:21:15

which is how government thinks ECJ

should be interpreted once we have

7:21:157:21:20

finally exited but he is

sidestepping the key point put to

7:21:207:21:23

him by the honourable member for

Leeds opposite. Clause six as it

7:21:237:21:29

stands does not reflect current

government policy. It is not putting

7:21:297:21:33

the cart before the horse to say,

shouldn't current government policy,

7:21:337:21:40

as represented in the Florence

speech, be reflected in this Bill?

7:21:407:21:46

The fact is, the government is

seeking, expecting, contemplating,

7:21:467:21:52

the real possibility of a transition

period during which we will say in

7:21:527:21:57

the single market and the customs

union and the jurisdiction of the

7:21:577:22:02

courts. Why is a Bill being

presented and urged by the

7:22:027:22:05

government which is totally... It is

government policy supported by the

7:22:057:22:15

official opposition, why isn't it in

the government Bill?

I am going to

7:22:157:22:20

turn to that precise point in the

context of new clause 14, tabled by

7:22:207:22:26

the honourable gentleman and member

for Nottingham East. This amendment

7:22:267:22:31

refers to the transitional period

after the UK exits from the EU and I

7:22:317:22:36

thought he put these points in a

perfectly reasonable way. From the

7:22:367:22:41

government's perspective, and I

think this is widely shared, we will

7:22:417:22:44

need to build a bridge from our exit

a future partnership to allow

7:22:447:22:48

businesses and people time to adjust

and to allow new systems to be put

7:22:487:22:51

in place. It makes sense for there

to be only one set of changes, that

7:22:517:22:56

is a point I have heard from the

other side of the House this

7:22:567:22:59

afternoon. We therefore propose a

time-limited implementation period

7:22:597:23:03

during which access to one another's

markets should continue on current

7:23:037:23:07

terms and Britain should continue to

take part in existing security

7:23:077:23:10

measures. We are aiming to agree the

detailed arrangements of this

7:23:107:23:15

implementation period as early as

possible to provide that certainty

7:23:157:23:19

for citizens and businesses. This

must not mean some form of

7:23:197:23:24

indefinite transitional status. That

would not be good for Britain, that

7:23:247:23:29

wouldn't be good for the EU. We need

some finality in the interests of

7:23:297:23:34

legal certainty. The amendment from

the honourable gentleman... Would

7:23:347:23:41

procedurally oblige the government

to set out how it retained EU law is

7:23:417:23:48

implemented.

7:23:487:23:53

Such a report would have to be

labelled within one month of the

7:23:537:23:57

bill. This House is quite rightly

concerned to understand the details

7:23:577:24:02

of any in the meditation period and

Howard would function however the

7:24:027:24:06

points of detail are a matter for

the diplomacy and the negotiations.

7:24:067:24:11

Imposing a fixed timescale for such

in this area would be unnecessary

7:24:117:24:17

and arbitrary. They risks running

out of sync with the actual process

7:24:177:24:21

of the negotiations. It puts the

cart before the horse and I hope the

7:24:217:24:29

honourable gentleman will agree and

I sensed in his speech he recognised

7:24:297:24:31

that his amendment has also now been

rendered redundant by the statement

7:24:317:24:37

made to the House yet they buy my

right honourable friend the

7:24:377:24:43

Secretary of State for Exiting the

EU new Mac and making it clear

7:24:437:24:45

governance will introduce

legislation in fermenting a

7:24:457:24:47

withdrawal agreement and the terms

of any fermentation period. There

7:24:477:24:51

will be full transparency and

accountability to this House on the

7:24:517:24:57

issue the honourable gentleman feels

strongly about and I would urge to

7:24:577:24:59

withdraw his amendment.

He is

suggesting that this detail, the

7:24:597:25:11

legal architectural framework for

the transitional period would be set

7:25:117:25:14

out in the bill that he brings

forward for the meditation period

7:25:147:25:20

but it's -- the implementation

period but it's only possible to

7:25:207:25:24

agree with that plan if he is

guaranteeing that Royal assent for

7:25:247:25:29

that implementation act will come in

ample time before exits day because

7:25:297:25:33

it would clearly be a nonsense to

have an implementation piece of

7:25:337:25:41

legislation that leaves a vacuum

between exit day and then some later

7:25:417:25:46

date during the transition already

having been started so can he

7:25:467:25:50

guarantee that that act will be

enacted and enshrined in law well

7:25:507:25:54

before exits day?

Since he

recognises that he is putting the

7:25:547:26:00

legislative cart before the

diplomatic course the implementing

7:26:007:26:05

legislation relates to the agreement

and you need to have one in place so

7:26:057:26:11

you can comply with any terms

whether they are under the

7:26:117:26:15

withdrawal arrangement, the

implementation period for the future

7:26:157:26:17

partnership deal. I will now turn

with respect to Amendment 357 from

7:26:177:26:24

my honourable friend the member for

Bromley and Chislehurst chair of the

7:26:247:26:28

Justice select committee and I will

give way.

I agree with what he was

7:26:287:26:36

saying about New Clause 14. Can I

take him back to 604A. Is he saying

7:26:367:26:40

the Supreme Court is not bound to

the extent that this would enable

7:26:407:26:46

the Supreme Court to look at the

plain words of the treaties and not

7:26:467:26:50

to look at the previous expansive

the theological jurisprudence of the

7:26:507:26:54

ECJ? -- the expansive jurisprudence

of the ECJ.

I'm not sure I

7:26:547:27:03

understood the forensic point he is

making but can I say this, the UK

7:27:037:27:07

courts already, it is a common

feature of the common law, take into

7:27:077:27:11

account and consider principles,

precedents from other jurisdictions

7:27:117:27:16

but they do so with full autonomy as

to how they might, where they have

7:27:167:27:23

discretion under the normal canons

of interpretation, apply it. What we

7:27:237:27:27

are seeking affectively to do is

apply the same basic principles

7:27:277:27:29

through this bill. I want to make

progress. To retained EU law and

7:27:297:27:36

interpretation of it. I want to

return to some other amendments

7:27:367:27:40

cause otherwise I will give them the

attention they deserve. I returned

7:27:407:27:46

to amendment 357 from the chair of

the select committee. He is tempting

7:27:467:27:52

but not at this moment in time! I

understand the point of 357, which

7:27:527:27:57

is there to provide a mechanism for

transposing EU law where regulations

7:27:577:28:04

have not been made under clause

seven. I can equally the key is

7:28:047:28:08

seeking to make default provision

for any gaps in the law that may

7:28:087:28:14

exist to avoid creating not just

legal uncertainty but any potential

7:28:147:28:17

legal potholes that may strew the

road that lies ahead. I hope he does

7:28:177:28:22

not mind me saying that he has

inadvertently reinforced the case of

7:28:227:28:27

clause seven because his concern

appears to be within not being used

7:28:277:28:32

comprehensively enough or the risk

that that might be the case. I share

7:28:327:28:37

his concern to avoid legal cliff

edges but also legal potholes which

7:28:377:28:42

I think he is trying to cater for.

On the issue of potholes I give way

7:28:427:28:48

to the honourable member.

I

mentioned to the Prime Minister a

7:28:487:28:52

few days ago about the ad trap which

I could see coming up in the

7:28:527:28:57

transitional period if we were not

careful. -- the hair trap. Because

7:28:577:29:02

of the manner in which the European

Court operates by the European rule

7:29:027:29:06

which I know he will understand and

when you are faced with a court in

7:29:067:29:11

the transitional period operating

under that rule and not by precedent

7:29:117:29:15

we could act the end up with then

dictating to us the basis upon which

7:29:157:29:20

we would then be operating within

that transitional period. Does he

7:29:207:29:25

not agree?

He makes the powerful

point in his eloquent way and let me

7:29:257:29:31

say we need to avoid traps, cliff

edges and potholes and that is what

7:29:317:29:35

this bill does. I think on all sides

of the House and whether you voted

7:29:357:29:45

Remain Leave that is what you should

all be pursuing and that is what

7:29:457:29:48

this bill does. I am not convinced I

have to say with respect to the

7:29:487:29:53

chair of the select committee that

his amendment would achieve that

7:29:537:29:55

aim. I fear despite his best

intentions and his rather ingenious

7:29:557:30:01

drafting that the amendment would

create considerably more legal

7:30:017:30:06

uncertainty, not less.

I won't claim

credit for the ingenuity of the

7:30:067:30:19

drafting but if I tell him that it

comes based upon the work done by

7:30:197:30:25

the international regulatory

strategy group, one of the most

7:30:257:30:29

distinguished groups in this field,

will he think again in being totally

7:30:297:30:32

dismissing the thing and recognise

it was a serious point that needs to

7:30:327:30:35

be addressed and engage with it.

I

won't dismiss it and I'm happy to

7:30:357:30:42

think as many times he wants to talk

about it at let me make a couple of

7:30:427:30:48

points to illustrate what I think

the risk of uncertainty would be.

7:30:487:30:51

His subparagraph three a four

example begs the question of whether

7:30:517:30:57

retained EU law restrains omissions

that start within the UK but may

7:30:577:31:01

have effect outside of it.

Subparagraph five a conflates

7:31:017:31:06

functions conferred on public bodies

with those of the secretary they are

7:31:067:31:09

not the same thing. I sent

underpinning this he is trying to

7:31:097:31:14

legislate in advance for unknown

unknowns and I understand that

7:31:147:31:18

temptation but there is a

countervailing but very real risk of

7:31:187:31:22

increasing rather than mitigating

the legal uncertainty if we go down

7:31:227:31:28

that path so I hope, respectively,

he can be persuaded to withdraw his

7:31:287:31:31

amendment. I will give way one more

time.

In order that I might reflect

7:31:317:31:39

upon as the debate goes forth

perhaps he would like to give an

7:31:397:31:42

example of the circumstances in

which he thinks that these

7:31:427:31:47

amendments might increase legal

uncertainty rather than assisted.

I

7:31:477:31:52

have just told him, I have given two

in relation to sub paragraph three a

7:31:527:31:57

and five A but I am happy to give

him some initiative examples of how

7:31:577:32:02

impractical -- in practical terms

this is not the avenue he wants to

7:32:027:32:09

go down into a legal cul-de-sac but

if he will forgive me I want to turn

7:32:097:32:14

to some other amendments to give

them due consideration in this

7:32:147:32:17

debate and in particular I want to

turn the amendment 278 and the

7:32:177:32:22

linked amendments to hundred 79 to

284 from the Leader of the

7:32:227:32:28

Opposition -- to 279 to 274

concerning exit day. The primers to

7:32:287:32:34

has made clear in her Florence

speech the UK will cease to be a

7:32:347:32:37

member of the EU on the 29th of

March 20 19. It's clear the UK will

7:32:377:32:43

leave the EU at the end of the

Article 50 process. The suggestions

7:32:437:32:46

around the caveat are wildly

unrealistic. The government has

7:32:467:32:51

itself tabled an amendment to make

sure the drafting of the bill is

7:32:517:32:54

crystal clear on this point and give

the country businesses, citizens

7:32:547:32:59

alike, certainty and a measure of

finality on this point. These

7:32:597:33:03

amendments would replace that

clarity and finality would

7:33:037:33:05

uncertainty and confusion. They

would alter the meaning of the term

7:33:057:33:10

exit day within the bill but only

for the purposes of the provisions

7:33:107:33:13

of clause six. But for those

purposes alone in the UK would not

7:33:137:33:20

leave the EU until the transitional

period. I'm afraid that would create

7:33:207:33:26

damaging legal uncertainty and they

are flawed amendments. They would

7:33:267:33:30

have the effect that for the

duration of any implementation

7:33:307:33:35

period that may be agreed and we

hope it will be and sooner rather

7:33:357:33:38

than later, all of the important

provisions on interpretation of

7:33:387:33:43

retained EU law which are set out in

this clause could not apply. They

7:33:437:33:46

could only take effect from the end

of that period. Since we have not

7:33:467:33:53

agreed yet and implementation period

with our EU partners the effect of

7:33:537:33:56

the amendment would need to create

an indefinite and indeterminate

7:33:567:33:59

transitional period and that rather

begs the question where the Labour

7:33:597:34:04

Party are serious about facilitating

the process of a smooth Brexit at

7:34:047:34:07

all. I will give way.

While the

issue would be helpful if the

7:34:077:34:14

Minister could clarify is the

intention of the government to

7:34:147:34:18

accept the jurisdiction of the Court

of European Union during the

7:34:187:34:22

transitional period, yes or no?

He

has the chance in his speech to make

7:34:227:34:28

his points, I am dealing with his

amendment and the very real... The

7:34:287:34:34

very real risk that with the

greatest will in the world, what Her

7:34:347:34:38

Majesty's opposition are proposing

will add rather than mitigate the

7:34:387:34:42

uncertainty that actually when we go

away from the fireworks of this

7:34:427:34:46

debate ought to be a common

endeavour of minimising apples of

7:34:467:34:50

the Secretary of State for Exiting

the EU EU made clear that there will

7:34:507:34:53

be separate primary legislation and

in any in fermentation phase so this

7:34:537:35:00

is -- and in any implementatiobn

phase. We have also been clear that

7:35:007:35:03

in leaving the EU we will bring an

end to the direct jurisdiction of

7:35:037:35:09

the European Court in the UK. Our

priority must be getting the right

7:35:097:35:14

arrangements for Britain's

relationship with the EU for the

7:35:147:35:17

long-term, which means... I am going

to make progress, I have given way

7:35:177:35:22

before, a close economic partnership

but art - regret out of the direct

7:35:227:35:29

jurisdiction of the European Court.

We want to get to that end game in a

7:35:297:35:34

smooth and orderly way. I will give

way in a second. That is why we want

7:35:347:35:39

early agreement on the

implementation period stop on that

7:35:397:35:42

much we are agreed. It may mean we

start off with the European Court

7:35:427:35:47

governing some of the rules we are

part of inner period but the

7:35:477:35:49

government is also clear that if we

can bring through a new dispute

7:35:497:35:53

mechanism we can do so. These

amendments do not allow for that.

7:35:537:35:57

They preach judge and they pre-empt

the outcome of the negotiations and

7:35:577:36:02

they introduced legislative

inflexibility by saying we must keep

7:36:027:36:07

domestic law which binds us to the

jurisdiction of the European Court

7:36:077:36:10

after we leave for the full duration

of any implementation period without

7:36:107:36:14

knowing for a second how long that

might be. The government has make in

7:36:147:36:19

the case for legal certainty, the

Labour Party is proposing a legal

7:36:197:36:23

limbo. We cannot accept that. I am

now going to turn to... I will give

7:36:237:36:30

way.

I actually agree, I should make

this clear, with my honourable

7:36:307:36:39

friend about the issue of

transition. I find it difficult to

7:36:397:36:43

see how we can approach transition

in the course of this bill but there

7:36:437:36:49

is an important underlying issue

here because ultimately our future

7:36:497:36:55

relations with the EU are going to

have a very powerful bearing whether

7:36:557:37:01

it's in transition or even after

transition as to what we want EU law

7:37:017:37:07

to do and how we want it to be

interpreted, depending either on

7:37:077:37:12

transition or indeed when we have

completely gone, on the extent to

7:37:127:37:16

which we wish to be in committee

with EU law and this is the elephant

7:37:167:37:22

in the room and it's going to have

to be debated at some point as this

7:37:227:37:25

bill goes through because some of it

doesn't have to do with transition,

7:37:257:37:30

it really has to do with an entire

future relationship and it marries

7:37:307:37:35

with great difficulty with this

constant reiteration that the ECJ is

7:37:357:37:38

somehow going to disappear out of

the window.

I'm grateful to my right

7:37:387:37:45

honourable friend. I agree with him

that the scope and parameters of the

7:37:457:37:49

different options is something that

will need to be settled but I think

7:37:497:37:54

he is implicitly accepting and

recognising that that is the subject

7:37:547:37:57

of the diplomacy and again as has

been said already, we cannot put the

7:37:577:38:03

legislative cart before the

diplomatic course and I fear that's

7:38:037:38:07

what the previous amendment would

do. I'm going to turn to amendment

7:38:077:38:11

to hundred and two, which is tabled

by the Honourable member for Ross

7:38:117:38:17

and sky -- amendment to hundred and

two. In leaving the EU we will bring

7:38:177:38:23

an end to the jurisdiction of the

European Court of Justice and this

7:38:237:38:29

is essential to the sovereignty of

our Parliament as we take back

7:38:297:38:31

democratic control. We understand

the desire to ensure a smooth and

7:38:317:38:36

orderly exit and continuity for

those who have commenced matters

7:38:367:38:40

before the courts before exit and

the member for Amersham made this

7:38:407:38:47

point. That is why we set out in our

July paper, which was entitled

7:38:477:38:52

ongoing judicial proceedings that we

believe the UK cases before the ECJ

7:38:527:38:58

on exit day should not be

interrupted but should be allowed to

7:38:587:39:03

continue to binding judgment. We

recognise the parties involved in

7:39:037:39:06

such cases before the ECJ will have

already gone through various stages

7:39:067:39:11

of the process, potentially

including Britain and oral

7:39:117:39:15

submissions. We don't think we

should to repeat those stages before

7:39:157:39:18

the UK courts again.

7:39:187:39:30

The amendment would provide more

uncertainty than mitigate it. This

7:39:307:39:38

Bill will convert directly

applicable EU law into domestic law

7:39:387:39:42

so our domestic courts will then

apply to those matters. And it is in

7:39:427:39:47

this way that we will have certainty

about how the jurisdiction of the

7:39:477:39:51

ECJ in the UK will be brought to an

end. But permitting the European

7:39:517:39:56

Court to continue ruling on cases

which were not before Rick

7:39:567:40:01

procedurally on the day of

withdrawal as the amendment proposes

7:40:017:40:04

would give rise to considerable

uncertainty. It would extend the

7:40:047:40:08

period under which the European

Court would continue to issue

7:40:087:40:12

judgments in respect of the UK and

it is actually impossible to predict

7:40:127:40:15

how long that may last. I am going

to make a slight bit of progress and

7:40:157:40:20

then I will give way to the

honourable lady. After exit date,

7:40:207:40:26

the UK will no longer be a member

state of the EU. Under the EU

7:40:267:40:33

treaty, the European Court itself

can only act on references made by

7:40:337:40:38

member state courts. The references

in visit by this amendment would not

7:40:387:40:44

in any event be possible. I give

way.

I am sure the honourable

7:40:447:40:49

gentleman is aware of the

arrangements that were made in

7:40:497:40:52

relation to the Privvy Council when

New Zealand chose to have its own

7:40:527:40:58

Supreme Court and cases from New

Zealand are still going to the

7:40:587:41:00

Privvy Council. All we are

contemplating with these amendments

7:41:007:41:04

is a similar arrangement.

I accept

the point but it is not the same

7:41:047:41:11

mechanism. I don't think it is

desirable. But I want to turn out to

7:41:117:41:18

amendment 203 by the honourable

gentleman. I will give way.

I just

7:41:187:41:25

wanted clarification on that point.

If a right of action has arisen

7:41:257:41:31

before Brexit day that would have

attracted at the time that right of

7:41:317:41:38

action arose the full protections

and right to referral to the ECJ, is

7:41:387:41:44

the minister now saying that that

right will not be taken forward and

7:41:447:41:49

those rights will in effect have

been retrospectively changed?

I do

7:41:497:41:56

understand the point she is making.

I don't think I would accept the

7:41:567:42:00

characterisation though. It is

absolutely right that cases that are

7:42:007:42:04

procedurally before the dock of the

court that have been lodged before

7:42:047:42:08

Exit day will continue to

conclusion. But in relation to facts

7:42:087:42:12

that may or may not give rise to a

course of action at some point in

7:42:127:42:16

the future, we would end up with a

long tail of uncertainty if we went

7:42:167:42:20

down the path Sears suggesting and

what I would say is that those cases

7:42:207:42:25

can continue good for the UK courts

because of the way we are going to

7:42:257:42:29

retain EU law, but we would have

more not less uncertainty for

7:42:297:42:33

citizens and businesses if we

allowed the access to the court that

7:42:337:42:38

she is suggesting. I will give way.

But surely the minister here is

7:42:387:42:47

ignoring the legitimate expectation

that I was talking about earlier on

7:42:477:42:50

and, quite frankly, if the

government doesn't look at this

7:42:507:42:55

again, it is going to be an abuse of

power because it removes rights from

7:42:557:43:00

individuals that actually they would

have legitimately expected to carry

7:43:007:43:03

them through to the end of the case.

She makes an interesting point about

7:43:037:43:09

legitimate expectations but I think

there's an equally legitimate

7:43:097:43:14

expectation and demand and need to

have some finality to the legal

7:43:147:43:19

arrangements and the institutional

arrangements that would give rise to

7:43:197:43:21

cases before the European Court. But

I'm going to come on if I may, I

7:43:217:43:33

would like to return to amendment

203 by the honourable gentleman and

7:43:337:43:39

related amendments 353 and 354,

which remove sub section seven of

7:43:397:43:45

clause six and then partially

reinsert the sub-clause back into

7:43:457:43:47

clause 14. Clause six, subparagraph

seven, provides for key definitions

7:43:477:43:57

of terms within the Bill which are

absolutely crucial to the proper

7:43:577:44:02

interpretation and a full

understanding of the content. The

7:44:027:44:06

sub-clause aims to leave you any

potential confusion and ensure there

7:44:067:44:09

is no vagueness or ambiguity with

the different types of retained law

7:44:097:44:14

mentioned within the Bill. That is

vital for those reading,

7:44:147:44:18

implementing and interpreting the

Bill due to the different effect

7:44:187:44:22

that each type of retained law will

have. The definitions placement

7:44:227:44:27

within clause six is specifically

designed to make the Bill easier to

7:44:277:44:30

navigate and more user-friendly by

placing the specific definitions

7:44:307:44:35

closer to where they are used and

deployed in the text. Why the

7:44:357:44:40

general definitions are set out in

clause 14 and clause 15 provides an

7:44:407:44:48

index of all the defined terms to

make the Bill easier as a reference

7:44:487:44:53

tool. To remove these definitions

from clause six and only partially

7:44:537:44:57

reinsert them into clause 14 as the

amendment suggests would undermine

7:44:577:45:02

the certainty and clarity we are

aiming to provide in this Bill.

7:45:027:45:06

Without statutory definitions of the

different types of retained law, we

7:45:067:45:10

would be creating a situation which

undermines the stability of our

7:45:107:45:14

domestic legal issues after Brexit

and exacerbate the burdens on the

7:45:147:45:19

court system. Reinserting the

definition of retained a domestic

7:45:197:45:22

case law in clause 15 does not

alleviate this is because it would

7:45:227:45:26

raise the question of why this

particular definition has been

7:45:267:45:29

included while others have not. Its

placement in the general body of

7:45:297:45:35

clause 14 away from its original use

in clause six would also make it far

7:45:357:45:38

less easy to navigate the text,

which is something we are very keen

7:45:387:45:42

to avoid. There needed to amendment

137 which is a culmination of the

7:45:427:45:50

SNP and Liberal Democrats. Clause

six, subsection two of the Bill will

7:45:507:45:57

allow for our domestic courts and

tribunal is to take into account any

7:45:577:46:00

decisions made by the European Court

on and after Exit day. This ensures

7:46:007:46:11

that our courts are not bound by the

decision of the European Court

7:46:117:46:16

whilst enabling them to consider in

subsequent case law if they believe

7:46:167:46:19

it is appropriate to do so. This is

the kind of exercise that our

7:46:197:46:24

domestic courts currently already

do. There is widespread practice

7:46:247:46:27

with judgments of cause and other

jurisdictions, particularly the

7:46:277:46:32

Commonwealth, so in principle there

is nothing new or different here.

7:46:327:46:34

The UK has always been an open and

outward looking country and our

7:46:347:46:39

legal traditions are no different.

They are a reflection of that. We

7:46:397:46:45

pay attention to the developments in

other jurisdictions. We pay

7:46:457:46:49

attention to, law jurisdictions. We

embrace these. But it is done on our

7:46:497:46:57

terms, under our control, decided by

our courts and ultimately subject to

7:46:577:47:00

the legislative will and sovereignty

of this House. So amendment 137 is

7:47:007:47:06

unnecessary as the Bill already

provides the post exit decisions of

7:47:067:47:11

the European Court can be considered

by the domestic courts. The

7:47:117:47:15

amendment would go further than

that. It would require our courts

7:47:157:47:19

and tribunals to pay would do regard

to any relevant decision of the

7:47:197:47:22

European Court. But what is due

regard mean? It is not defined.

7:47:227:47:28

Indeed, it is far from clear. It is

evidently intended to go further

7:47:287:47:33

than clause six and tacitly urge our

courts to heed or follow or Shadow

7:47:337:47:38

the Luxembourg court but there is no

parity -- clarity as to what would

7:47:387:47:42

count as due consideration. It seeks

to apply to the European Court a

7:47:427:47:56

procedural requirement that is

stronger but so vain that is likely

7:47:567:47:59

to create more not less confusion.

So I hope I have tackled or at least

7:47:597:48:07

addressed members' concerns and I

would urge them to withdraw them. I

7:48:077:48:12

now want to turn to the amendment

303, which is in the name of my

7:48:127:48:20

right honourable friend the member

for Chesham and Amersham. I want to

7:48:207:48:23

start by thanking her for moving

this amendment and explaining it in

7:48:237:48:29

a very constructive spirit which I

think she has. I recognise that she

7:48:297:48:33

is representing the interests of her

constituency with her customary

7:48:337:48:38

tenacity and at the same time I need

to take a few moments to set up why

7:48:387:48:42

we have taken the approach we have

on these issues and also the

7:48:427:48:45

difficulties that I see with the

particular amendment that she has

7:48:457:48:51

put forward. Clause six supports the

Bill's or aim of maximising

7:48:517:48:54

certainty. It is in no one's

interest for there to be a Cliffe

7:48:547:48:59

edge. That is why the Bill will mean

that the laws and rules that we have

7:48:597:49:02

now will as far as possible continue

to apply. The Bill is seeking to

7:49:027:49:08

take a slap shot of EU law and

immediately before Exit day. The

7:49:087:49:13

government has also been clear that

in leaving the EU we will be

7:49:137:49:16

bringing an end to the direct

jurisdiction of the European Court

7:49:167:49:19

of Justice in the UK. In order to

maximise

7:49:197:49:31

certainty,... Our domestic courts

and tribunals will no longer be

7:49:337:49:41

bound by or required to have regard

to any decisions of the European

7:49:417:49:44

Court after that point but they can

do so if they consider it

7:49:447:49:48

appropriate. These clear rules of

interpretation are set out in clause

7:49:487:49:51

six.

I wonder whether I could try

again to asking the question. He

7:49:517:50:02

just said that the courts would be

bound by retained, by judgments by

7:50:027:50:08

the European Court about retained

law. I asked him about clause four a

7:50:087:50:15

in which it says quite specifically

the Supreme Court is not bound by

7:50:157:50:21

any retained EU case book. It seems

to us that he can have it one way or

7:50:217:50:26

the other. Which is the governing

clause? The one that says the clause

7:50:267:50:33

-- courts are bound in accordance

with previous judgments of the ECJ

7:50:337:50:37

or the one that says the Supreme

Court is not bound by that?

I thank

7:50:377:50:45

my right honourable friend. The

point is that we take a snapshot of

7:50:457:50:48

EU law at the point of exit but

after that the normal rules of

7:50:487:50:51

precedent will apply which allowed

departure from any precedents that

7:50:517:50:59

apply which then comes back to the

point of how you achieve a smooth

7:50:597:51:02

and orderly transition from retained

EU law to making sure that when push

7:51:027:51:07

comes to shove, as that case law

evolves, the UK Supreme Court has

7:51:077:51:13

the last word. That is the balance

struck in this Bill. I give way.

I

7:51:137:51:20

can understand that issue but there

is also another issue, which is

7:51:207:51:25

quite... Assume for a moment no

transition, no relation with the EU

7:51:257:51:29

at all, is the courts opposed to

apply EU law as currently applied or

7:51:297:51:35

are they supposed to ignore the

underlying purpose by which it is

7:51:357:51:40

constantly been applied her and in

which case what are the rules which

7:51:407:51:46

they are supposed to apply? That is

why the judiciary have expressed

7:51:467:51:52

this is real concern about what they

are supposed to do with this. It is

7:51:527:51:55

quite unclear what Parliament

intends. Forget about transition,

7:51:557:52:01

forget about a future relationship,

what are they supposed to do? They

7:52:017:52:07

have rules for interpreting this law

at the moment. Are they supposed to

7:52:077:52:10

stick to those rules when the

underlying purpose is no longer

7:52:107:52:13

there?

I would be quite careful

about not prejudging or prejudicing

7:52:137:52:19

what the courts decide to do,

particularly given the thrust of

7:52:197:52:22

this Bill is to make sure the judges

have the autonomy and the discretion

7:52:227:52:27

but the reality is that this is

dealt with in the Bill and it is

7:52:277:52:33

possible for the UK courts in

relation to retained case law to

7:52:337:52:39

look at the underlying purpose or

intention of any piece of

7:52:397:52:43

legislation or any principles that

have been articulated and, moving

7:52:437:52:46

forward, they are free at their own

volition to depart from any

7:52:467:52:50

precedents in the normal way and

that is something that already

7:52:507:52:53

applies in relation to wider common

jurisdictions. The question I would

7:52:537:52:59

put back is why on earth, when we

are leaving the EU, given that we

7:52:597:53:03

are open and outward looking country

that does take account of different

7:53:037:53:11

principles from different

jurisdictions, we would put on an

7:53:117:53:13

elevated status? I am going to make

of progress.

7:53:137:53:19

It's kind, but I need to make some

progress. I need to turn back,

7:53:207:53:26

otherwise I will lose the thread in

relation to amendment 303. That

7:53:267:53:31

would be at odds with the clear and

certain position set out in the

7:53:317:53:35

bill. By continuing to bind UK

courts to some post-exit ECJ

7:53:357:53:41

decisions in case law where the

matters give rise where the case

7:53:417:53:45

occurred before our exit. Those

judgments will be continuing to be

7:53:457:53:49

binding even after the

implementation period. The amendment

7:53:497:53:52

goes further than that, it would

apply to anything happening before

7:53:527:53:56

exit date, including ECJ judgments

on cases referred from outside of

7:53:567:54:02

the UK, for example, a preliminary

reference made by a EU member state

7:54:027:54:07

might also fall within the scope of

this amendment if the facts of the

7:54:077:54:11

case were raised before exit date.

The consequences of that would-be

7:54:117:54:17

rather far-reaching and provide

practical difficulties for the Court

7:54:177:54:22

of Justice. UK courts would continue

to be banned by some ECJ adjustments

7:54:227:54:28

from an indeterminate amount of

time. These judgments would continue

7:54:287:54:32

to be an issue long after we leave

the EU as cases progress to the

7:54:327:54:36

European Court from across the EU.

And yet these judgments would not

7:54:367:54:39

have formed part of a snapshot of UK

case law on the clause six,

7:54:397:54:51

subparagraph three, and by contrast

such post-exit judgments would bind

7:54:517:54:55

our course in all circumstances,

including a retained version of EU

7:54:557:54:59

regulation had since been modified

by the Parliament or the devolved

7:54:597:55:02

administration. That would create

foreseeable and entirely avoidable

7:55:027:55:07

uncertainty. And it wouldn't be

necessary because individuals whose

7:55:077:55:11

course of action predates our exit

would of course continue to be able

7:55:117:55:14

to take their case to domestic

courts even if after exit they

7:55:147:55:18

cannot reach the European Court, and

that's the fundamental point in

7:55:187:55:22

relation to the procedural

framework. And 304 next, and then

7:55:227:55:31

the related amendment from my right

honourable friend, the member for

7:55:317:55:36

Chesham and Amersham in relation to

retaining ECJ referrals and

7:55:367:55:41

jurisdiction for anything that

happened before exit day. In leaving

7:55:417:55:46

the EU, we will bring an end to the

jurisdiction of the ECJ. We have

7:55:467:55:50

made that clear. The proposed

amendment would rather tends to

7:55:507:55:54

frustrate that objective because it

would mean our courts would continue

7:55:547:55:57

to make references to the Court of

Justice in relation to cases where

7:55:577:56:00

relevant matters have occurred

before our withdrawal from the EU.

7:56:007:56:04

As a result, different rules and

processes would apply in these cases

7:56:047:56:09

compared to those where the relevant

circumstances arose after exit day.

7:56:097:56:14

I fear that would arise more, not

less uncertainty. It would be

7:56:147:56:19

impossible to predict for how long

UK courts would continue to be

7:56:197:56:23

subject to binding judgments from

Luxembourg. When we exit the EU we

7:56:237:56:26

will know it how many pending cases

are registered with the European

7:56:267:56:33

Court awaiting preliminary reference

and is covered by any proposed

7:56:337:56:36

agreement we have with the EU on the

treatment of pending cases. That's

7:56:367:56:40

important in order to deliver

certainty on how and when the court

7:56:407:56:44

in the UK will be brought to an end.

As with amendment 303, it's not

7:56:447:56:53

necessary. Individuals will not lose

their ability to vindicate their

7:56:537:56:57

rights at court after exit. They

will be able to take those cases to

7:56:577:57:01

our domestic courts. Forgive me,

Madam Deputy Speaker and my right

7:57:017:57:09

honourable friend, the member for

Chesham and Amersham, but I thought

7:57:097:57:12

it was necessary to address the

amendments in some detail. Equally,

7:57:127:57:16

I want to say I recognise the

elegance and force with which she

7:57:167:57:21

champions their constituents, and

ministers will take away the

7:57:217:57:23

underlying issue that she has

brought and powerfully moved for

7:57:237:57:28

consideration. I hope under that

basis she will not feel she to press

7:57:287:57:32

today. I will give waist up what I

have been following his arguments

7:57:327:57:36

very carefully.

With help from my

colleagues. I appreciate this is a

7:57:367:57:44

very tricky matter and it relates to

my constituent. Therefore I am

7:57:447:57:48

grateful that he has undertaken to

take these away and look at this

7:57:487:57:53

principle articulately in relation

to this case, because I feel it

7:57:537:57:56

would be most unjust. I have no love

for the European Court of Justice, I

7:57:567:58:03

don't want this bill to go

throughout the cost of justice for

7:58:037:58:08

my constituent, even know I do want

the bill to go through. I think this

7:58:087:58:11

case has thrown it into stark relief

so I am grateful for the Minister

7:58:117:58:15

for the undertaking and I look

forward to speaking to him further

7:58:157:58:18

about the matter.

I think my right

honourable friend in a constructive

7:58:187:58:23

way she has gone about this and we

will take that consideration forward

7:58:237:58:27

after these proceedings. I will now

rattle through the final amendments

7:58:277:58:30

so I have given them all justice and

due consideration. Turning axed to

7:58:307:58:36

amendment 306, tabled by the

opposition. Clause six, subsection

7:58:367:58:43

two of the bill states our courts

are no longer bound by decisions of

7:58:437:58:47

the European Court after our

departure, or required to consider

7:58:477:58:50

in future cases, although they may

do so if they believed to be

7:58:507:58:53

appropriate. This clause is a vote

of confidence in our judiciary. Its

7:58:537:59:03

independence and expertise. Using

similar exercises as they currently

7:59:037:59:05

do with the judgment of courts in

other jurisdictions, our courts are

7:59:057:59:10

best placed to decide to what

extent, if any, they obey European

7:59:107:59:16

law in front of them. The intention

of clause 306 is to remove that

7:59:167:59:21

discretion and replace it with a

duty which sets which aspects of

7:59:217:59:27

European caselaw our judges must

consider, albeit only in certain

7:59:277:59:30

areas. In practice that will create

a presumption that in those areas EU

7:59:307:59:35

decisions should be followed. That

is the clear intention. It

7:59:357:59:39

undermines the purpose of clause six

in both fundamental objectives. It

7:59:397:59:43

was straight return of control to

this house and the European Supreme

7:59:437:59:47

Court and exposes the UK to

substantial additional and

7:59:477:59:50

unnecessary legal uncertainty. I

will make a little bit more

7:59:507:59:56

progress. I have given way to be

honourable lady. The singling out of

7:59:568:00:00

these particular areas of law, I

have to say, appears somewhat

8:00:008:00:03

arbitrary given other fields it

might apply to. It will lead to a

8:00:038:00:09

splitted approach. More uncertainty,

not less. In any case, it is totally

8:00:098:00:18

unnecessary. The UK has a proud

history of ensuring the rights and

8:00:188:00:22

protections of individuals in this

country. The UK has high standards

8:00:228:00:26

of protection domestically, in

relation to workers' rights, human

8:00:268:00:30

rights. We are recognised as a world

leader in delivering robust and

8:00:308:00:34

rigorous health and safety

protections. That level of

8:00:348:00:37

commitment is not dependent on our

membership of the EU. It's dependent

8:00:378:00:41

on honourable members in this house

and there it eternal vigilance. It

8:00:418:00:44

will continue to be dependent on

that after we leave. I hope The

8:00:448:00:49

Right Honourable member for

Islington North and his colleagues

8:00:498:00:51

in the Labour Party will withdraw

amendment 306. Finally I will turn

8:00:518:00:58

to amendment 358, tabled by the

chair of the Justice select

8:00:588:01:02

committee, which sets out the

ability of UK courts in regards to

8:01:028:01:07

material used in preparation of

retained EU law. I suspect this is

8:01:078:01:11

the point at which I hope I will

give some reassurance to my right

8:01:118:01:15

honourable friends for and Dorset.

Currently when interpreting EU law

8:01:158:01:20

domestically our courts will look at

the language used, as well as

8:01:208:01:25

considering the legislation's

recitals, the legal basis and other

8:01:258:01:28

language versions in other to inform

their interpretation. We do not want

8:01:288:01:32

to change the way in which this law

is interpreted. Or to create any

8:01:328:01:37

fresh uncertainty as to its meaning.

The bill provides for the courts to

8:01:378:01:41

continue that approach. Clause six

provides that questions of validity

8:01:418:01:47

will be decided in accordance with

retained caselaw and general

8:01:478:01:52

principles of EU law. This means,

this requires taking a interpretive

8:01:528:02:00

approach is. Working papers that may

have led to the adoption of the

8:02:008:02:10

measure, and the general principles

of EU law. I hope this reassures my

8:02:108:02:14

honourable friend. And that he will

withdraw his amendment. Before I

8:02:148:02:20

close I will give way.

I am grateful

to my right honourable friend who is

8:02:208:02:25

making a powerful case on each of

these amendments. I am among those

8:02:258:02:29

who are concerned about the level of

confusion about whether cut off line

8:02:298:02:33

is in all of this. Take you back to

what he just said, he talks about

8:02:338:02:38

the general principles, but these

will shift and change. Is there a

8:02:388:02:41

point by which when we reference the

principles and those principles are

8:02:418:02:47

changed post our exit, that we don't

consider them to be the principles

8:02:478:02:50

we reference rather than the

principles that exist before and are

8:02:508:02:53

now or not modified. At which point

do we have a cut-off point?

My right

8:02:538:02:58

honourable friend raises an

excellent point, rather he satiric,

8:02:588:03:03

but it's about clause five in

schedule one. If he is patient we

8:03:038:03:06

will turn to next week. We will

address all the concerns he has. --

8:03:068:03:15

rather esoteric. I hope I have

sought to address the underlying

8:03:158:03:19

concerns of the amendments and hope

this house will now give them the

8:03:198:03:24

consideration of maximising legal

certainty and minimising the

8:03:248:03:28

confusion and making sure we have a

smooth transition and all honourable

8:03:288:03:31

members will make sure clause six

passes the bill unamended. I rise to

8:03:318:03:41

formally move amendment 137 in my

name. I am happy to say the name of

8:03:418:03:48

many other honourable members on

these benches.

Or amendments 202 and

8:03:488:03:54

203 in the name of my right

honourable friend the member for

8:03:548:03:58

Ross, Skye and Lochaber and other

members on these benches. I was

8:03:588:04:02

delighted to see the Labour Party

spokesman say the Labour Party are

8:04:028:04:07

giving support to my amendment, 137,

which also has the support of the

8:04:078:04:14

Trade Union Congress, Justice, the

equalities and human rights

8:04:148:04:17

commission, and the Fawcett Society.

I am going to endeavour to address

8:04:178:04:22

in some detail why this amendment is

necessary. In essence, it is there

8:04:228:04:27

because it is necessary to create

legal certainty for individuals and

8:04:278:04:32

businesses by giving a clear

instruction to the courts about how

8:04:328:04:35

to treat decisions of the Court of

Justice of the European Union after

8:04:358:04:40

exit day. I'm afraid to say the bill

as it currently stands does not give

8:04:408:04:43

that degree of clarity. The purpose

of my amendment 137 is also to

8:04:438:04:50

protect the judiciary from having to

make decisions which are open to

8:04:508:04:53

political criticism. We saw some

pretty Arthenus political criticism

8:04:538:04:59

of judges at the UK Supreme Court

earlier this year. And we have heard

8:04:598:05:04

judges from that court expressed

concern about not being given proper

8:05:048:05:08

direction in this bill about the

possibility of not being given

8:05:088:05:12

proper direction in this bill, and

my amendment seeks to address that

8:05:128:05:15

issue. Finally, and perhaps most

importantly for our constituents,

8:05:158:05:20

this amendment will encourage United

Kingdom rights protections to keep

8:05:208:05:26

pace with European Union rights

after Brexit. Amendment 202 is also

8:05:268:05:33

about giving certainty to

individuals and to businesses who

8:05:338:05:37

have a case is pending before the

domestic courts on exit day. I

8:05:378:05:41

listened very carefully to what The

Right Honourable lady for Chesham

8:05:418:05:44

and Amersham had to say about her

amendments, with which I have great

8:05:448:05:49

sympathy, because these amendments,

202 and 203 are for a similar

8:05:498:05:53

purpose. I also listened with some

care to what the minister had to

8:05:538:05:57

say, but I regret to say that the

Minister has not given me any

8:05:578:06:01

comfort that there is anything on

the face of this bill which will

8:06:018:06:05

give the sort of certainty that is

required for people in the midst of

8:06:058:06:09

litigation at exit day. That's why

we seek to define pending matter in

8:06:098:06:21

amendment 334, any litigation which

has been commenced in any court or

8:06:218:06:25

tribunal in the UK and which has not

finally determined at exit day.

8:06:258:06:30

There is even need for clarity here.

It is not just my say-so or those

8:06:308:06:37

who support the amendment. These

amendments were drafted with care by

8:06:378:06:40

the Law Society of Scotland, and I

would submit they are necessary to

8:06:408:06:45

give to protect bitter gents'

legitimate expectations. -- litter

8:06:458:06:55

gents. There is the need to create

legal certainty. Honourable members

8:06:558:06:59

of both sides of the house have

referred to that today. It is

8:06:598:07:03

absolute requirement of the rule of

law that there should be legal

8:07:038:07:09

certainty. I regret to say clause

six as currently drafted does not

8:07:098:07:12

give that degree of legal certainty.

In accordance with our mandate the

8:07:128:07:18

Scottish National Party opposes

Brexit, but we understand the need

8:07:188:07:23

for withdrawal legislation. We want

to reach agreement on it if possible

8:07:238:07:26

and we want to ensure the

legislation is properly framed.

8:07:268:07:32

Close six currently is not properly

framed because it does not give the

8:07:328:07:37

certainty required. Before I explain

why the amendments we seek to move,

8:07:378:07:41

we bring that certainty and clarity,

I want to make a more general point

8:07:418:07:45

about clause six that reflects

debate that took place just now and

8:07:458:07:49

also earlier today in this house.

8:07:498:07:56

Everything in clause six pivots

around exit day, so the definition

8:07:568:07:59

of exit day is crucial. The

government have amendments pending

8:07:598:08:04

later in this committee stage about

penning exit day to the 29th of

8:08:048:08:09

March 2019. Forgive me if I forget

the time. I am not too bothered

8:08:098:08:13

whether it is EU or British time.

That doesn't seem a big issue to me.

8:08:138:08:19

But what is crucial is that clause

six pivots around the issue of exit

8:08:198:08:23

day and, as I said earlier, it seems

to me that the government's

8:08:238:08:29

amendment, purporting to set exit

day in stone, is mere window

8:08:298:08:33

dressing and mere politics because,

as others have pointed out today,

8:08:338:08:40

perhaps more eloquently than I,

particularly the right honourable

8:08:408:08:47

member for Beaconsfield, these

amendments are barmy and don't

8:08:478:08:49

achieve what they are setting out to

achieve. Because, you see, the Prime

8:08:498:08:55

Minister's very keen to have a

transition period. That was what the

8:08:558:08:59

Florence speech was all about. When

I and other honourable members were

8:08:598:09:02

in Brussels last week, we raised to

senior people at the EU what their

8:09:028:09:08

understanding of the legal basis for

any transitional deal would be, and

8:09:088:09:11

they said, its Article 50 four stop

that didn't come as a surprise to

8:09:118:09:16

me, because I asked the Prime

Minister a couple of weeks ago and

8:09:168:09:19

she said her understanding was that

it was Article 50, based on the EU's

8:09:198:09:25

April guidelines. What the senior

officials at the EU told us last

8:09:258:09:29

week is that, if transition takes

place under Article 50, we will stay

8:09:298:09:33

the customs union and the single

market and we will remain subject to

8:09:338:09:37

the court of justice of the European

Union. So, if there is to be a

8:09:378:09:44

transitional deal, the reality is

that it means all of the courts in

8:09:448:09:48

the UK will continue to be subject

to the jurisdiction of the court of

8:09:488:09:52

justice of the European Union, and

that really means that clause six

8:09:528:09:57

isn't going to work if there is a

transition period and, if the

8:09:578:10:01

government don't agree with me on

that, could they please tell us why

8:10:018:10:05

not, and what is their alternative

legal basis for any transitional

8:10:058:10:09

deal and on what basis do they say,

if they do, that we are not going to

8:10:098:10:14

be under the jurisdiction of the

European Court of Justice during the

8:10:148:10:17

transition period? That said, if we

ever do leave the European Union,

8:10:178:10:25

which I hope we don't, but if we

leave it in reality rather than in

8:10:258:10:29

name only, or if we crash out

without a deal, God forbid, but that

8:10:298:10:37

has to be a serious possibility,

clause six is going to be very

8:10:378:10:41

important indeed, so we need to get

it right, and that's the reason for

8:10:418:10:44

these amendments. As things stand at

present, the court of justice of the

8:10:448:10:51

European Union is the ultimate

arbiter of the meaning of EU law

8:10:518:10:55

under the EU treaties. At the

moment, courts in the UK are bound

8:10:558:10:59

to determine issues of EU law in

accordance with the court of

8:10:598:11:05

justice's interpretation. So where

the issue isn't clear, the national

8:11:058:11:08

court is under a duty to make a

preliminary reference to ask for a

8:11:088:11:14

definitive interpretation. That's

how it works. And it's really wrong

8:11:148:11:19

to describe the court of justice as

having jurisdiction in the UK. It

8:11:198:11:25

simply has jurisdiction to answer

questions about EU law put it by the

8:11:258:11:29

UK courts, and I very much fear that

much of the antipathy directed

8:11:298:11:34

towards the court of justice is

based on a fundamental

8:11:348:11:38

misapprehension as to what it

actually does and what it is

8:11:388:11:41

actually there for. It doesn't

dictate our laws and, as others more

8:11:418:11:45

eloquent than me and explained

earlier, the laws come from many

8:11:458:11:49

sources. What a court of justice

does is to interpret the laws and

8:11:498:11:53

create some consistency. That said,

I accept that, if we leave the

8:11:538:12:00

European Union, the duty to refer

issues to the court will no longer

8:12:008:12:03

apply. But I also know, because this

bill tells me so, that retained EU

8:12:038:12:10

law will still have to be

interpreted by our courts, north and

8:12:108:12:13

south of the border. According to

clause six of the bill, after exit

8:12:138:12:20

day, our courts will not be under a

duty to follow the interpretation of

8:12:208:12:24

the court of justice, but even

though that is the case, the court

8:12:248:12:28

of justice is going to continue

giving judgments on references from

8:12:288:12:32

other member states, and these will

deal with what law that we have

8:12:328:12:36

retained means. So the case will of

the court of justice may still offer

8:12:368:12:42

useful guidance for our courts, and

I think the government accept that,

8:12:428:12:45

because they have attempted to frame

some guidance on that in clause six.

8:12:458:12:49

But the only guidance they've given

is that the UK courts are not bound

8:12:498:12:56

by the court of justice after

Brexit, but they may have regard to

8:12:568:13:02

anything the court says if it

considers it appropriate to do so.

8:13:028:13:06

It's the word appropriate which

causes concern to many across this

8:13:068:13:12

house and many outwith this house,

because it gives the judge is an

8:13:128:13:15

extraordinarily wide discretion but

no guidance on what circumstances it

8:13:158:13:19

is proper for them to look at the

court of justice's decisions, as

8:13:198:13:24

this is important because no less

than Lord Neuberger, the outgoing

8:13:248:13:31

president of the Supreme Court, has

expressed concern that judges will

8:13:318:13:36

need clarity about how to take

decisions of the court of justice

8:13:368:13:40

after Brexit. He said, if the

government doesn't express clearly

8:13:408:13:44

what the judges should do about

decisions of the court of justice

8:13:448:13:48

after Brexit, the judges will simply

have to do their best and, if they

8:13:488:13:51

are left just to do that, it will be

unfair to blame them for making law

8:13:518:13:56

which Parliament has failed to make.

I am loathe to interrupt my

8:13:568:14:01

honourable friend, who is making a

very powerful case for legal

8:14:018:14:07

certainty. Does she agree with me

that a wide range of industries and

8:14:078:14:12

other organisations will need legal

certainty, certainly around freedom

8:14:128:14:15

of movement, such as the education

and food and drinks sectors? Does

8:14:158:14:20

she share my concern at reports that

have come from the Financial Times

8:14:208:14:23

this evening that the Secretary of

State for leading the EU says that

8:14:238:14:28

bankers and other professionals,

it's been reported, had been

8:14:288:14:30

promised a special post Brexit

tracked regime -- travel regime?

8:14:308:14:37

Surely we should just be dealing

with the bankers.

-- we shouldn't.

8:14:378:14:44

I'm grateful to my honourable friend

for bringing this matter to floor of

8:14:448:14:47

the house. If the Financial Times

report is correct, the government

8:14:478:14:52

are going to give special deals for

certain professions, then this is

8:14:528:14:56

going to come as a great shock to

those other professions who will not

8:14:568:15:00

get such a special deal, and in

particular shock to cross party

8:15:008:15:04

colleagues in the Scottish

Parliament who have asked for a

8:15:048:15:06

special deal on immigration in

Scotland, as have Unison, the

8:15:068:15:11

chambers of commerce in Scotland

have mentioned this as well, as has

8:15:118:15:16

the institute directors. So I very

much look forward to seeing the

8:15:168:15:19

Minister for exiting the European

Union coming to the house to explain

8:15:198:15:23

what is going on here. But, to

return to the issue of legal

8:15:238:15:27

certainty, the Institute for

Government, it looked very carefully

8:15:278:15:32

at different tests which might be

put on this bill to direct the

8:15:328:15:37

courts, and they expressed the view

that, if we in Parliament passed the

8:15:378:15:40

buck on this issue to the judges, it

leaves the judges open to fierce

8:15:408:15:46

political criticism. We have already

seen the sort of fierce criticism

8:15:468:15:49

that judges got earlier this year,

and the matter of all different

8:15:498:15:53

views that we might have about the

British constitution, and I think

8:15:538:15:57

that all of us could probably accept

that the independence which fishery

8:15:578:16:04

is fundamental, and we perhaps don't

have to go to far from home in the

8:16:048:16:10

EU to see a judiciary which isn't

independent, but I digress. We need

8:16:108:16:14

an independent judiciary in this

country. We have one, but they have

8:16:148:16:21

to be protected from criticism,

because they cannot go into print to

8:16:218:16:26

defend themselves when they are

criticised. I will just finished my

8:16:268:16:30

point. What we need to do is to

provide the courts with a specific

8:16:308:16:34

legal test on the face of this bill

governing the treatment of court of

8:16:348:16:38

justice case law after Brexit, and

that is what my amendment 130 760

8:16:388:16:45

achieved.

I thank the honourable

lady for giving way. Does she agree

8:16:458:16:48

with me that one aspect of the legal

certainty which it is, I think, with

8:16:488:16:53

the government considering is that,

as our relationship with the EU

8:16:538:17:00

evolves, we don't really want our

judges having to make decisions

8:17:008:17:02

which may affect commercial policy

or, indeed, our diplomatic policy

8:17:028:17:10

towards the European Union?

What my

amendments seek is that, when

8:17:108:17:17

interpreting retained EU law, after

exit day, a court or tribunal shall

8:17:178:17:24

pay due regard to any relevant

decision of the European court. The

8:17:248:17:26

minister questioned the phrase due

regard. It's not a phrase unknown to

8:17:268:17:32

international law. In the Lugano

Convention on mutual recognition of

8:17:328:17:39

enforcement of judgments, to which

both EU and non-EU states are

8:17:398:17:43

signatories, it talks about paying

due account. I followed the

8:17:438:17:48

organisation co justice's

recommendation that it is clearer

8:17:488:17:50

and better English to say hey

cleared due regard. We have a

8:17:508:17:59

responsible is to take account of

the decisions of the court of

8:17:598:18:02

justice, so it isn't a phrase

unknown. This isn't a Trojan horse,

8:18:028:18:09

designed to continue references

after Brexit, and I say that

8:18:098:18:12

somebody who doesn't Brexit to

happen. What is this designed to do?

8:18:128:18:18

To create certainty for individuals

and businesses, for litigants, and

8:18:188:18:22

also for the Jewish week. My

amendment leaves open to British

8:18:228:18:28

courts to disagree with the court of

justice's interpretation. -- also

8:18:288:18:32

for the judiciary. What the

government's current craft does is

8:18:328:18:37

to give an unfettered, politically

controversial discretion to consider

8:18:378:18:43

what ignore court of justice

decisions, as our courts see fit. I

8:18:438:18:48

would say that their three

advantages to the tests set out in

8:18:488:18:53

my amendment. First, it creates

legal certainty for individuals and

8:18:538:18:59

businesses. Second, it provides

political cover for the courts.

8:18:598:19:02

Third, it seems to fit with the

preference of the judiciary, who

8:19:028:19:07

want clear instruction. In recent

evidence to the House of Lords

8:19:078:19:13

Constitution committee, the new

president of the Supreme Court said,

8:19:138:19:17

it should be made plain in statute

what authority or lack of authority

8:19:178:19:20

or weight is to be given to the

decisions of the court of justice of

8:19:208:19:26

the European Union after we have

lacked, in relation to matters which

8:19:268:19:33

arose before we left and, more

importantly, to this after we leave.

8:19:338:19:36

That is not something which we, the

judges, would like to have to make

8:19:368:19:39

up for ourselves. Obviously, because

it is very much a political

8:19:398:19:45

question, and we would like statute

to tell us the answer. In my

8:19:458:19:48

submission, statute does tell the

judges the answer, and that isn't

8:19:488:19:54

just my view. The Institute for

Government looked at various options

8:19:548:19:57

and concluded that the wording I am

not proposing would license courts

8:19:578:20:00

in the UK to refer to the court of

justice reasoning in future judgment

8:20:008:20:08

and, by making those judgments

binding... I will just finished my

8:20:088:20:13

point and then I will give way. The

Institute for Government looked at

8:20:138:20:18

various options and they concluded

that the wording which I am

8:20:188:20:20

proposing would allow courts in the

United Kingdom to refer to the court

8:20:208:20:26

of justice's reasoning in future

judgments are without making those

8:20:268:20:31

judgments on the UK courts. The

Institute for Government took the

8:20:318:20:35

view that this approach is

compatible with the objectives set

8:20:358:20:38

out in the government White Paper on

Brexit and the Repeal Bill.

I wanted

8:20:388:20:42

to refer to the chapter 12 of the

book by Lord Bingham on the rule of

8:20:428:20:51

law, and I'm sure the honourable

lady is aware of it, where he

8:20:518:20:55

criticised lady Hale for her view

about the relationship between

8:20:558:20:59

Parliament and the judges. Is she

aware of that?

I am familiar with

8:20:598:21:05

that book, but I don't think it has

any relevance to what I'm saying at

8:21:058:21:08

the moment. My point at the

moment... I think the point that

8:21:088:21:15

Lady Hale, who is the present

president of the Supreme Court of

8:21:158:21:17

the UK, the point she was making is

that she and her fellow judges

8:21:178:21:22

require from the government and from

this house clarity in the directions

8:21:228:21:27

as to how they are to treat the

future jurisprudence of the court of

8:21:278:21:34

justice of the European Union

because, if the guidance isn't

8:21:348:21:36

clear, they will come under the sort

of political attack which I'm sure

8:21:368:21:39

the honourable gentleman, is a great

supporter of the British

8:21:398:21:44

constitution, would have poor, as I

do. -- would abhore. What I'm saying

8:21:448:21:53

is that this amendment isn't a

Trojan horse. It is an amendment

8:21:538:21:56

which comes from careful

consideration and out of careful

8:21:568:22:01

consideration by the organisation

Justice and the Institute for

8:22:018:22:04

Government, and it has the support

of the TUC and the Labour Party and

8:22:048:22:09

also the equality and human rights

commission and the Fawcett Society.

8:22:098:22:12

One of the minutes that the equality

and human rights commission are so

8:22:128:22:16

keen on this amendment is that it is

also important from the point of

8:22:168:22:20

view of rights protections, because

it's important to remember that EU

8:22:208:22:24

law is largely about the rights of

individuals. The government position

8:22:248:22:28

paper published in the summer seemed

to imagine EU law is all about

8:22:288:22:31

disputes between the UK and the EU,

but it isn't. Most people who make

8:22:318:22:36

reference to the court of justice do

so in the determination of their

8:22:368:22:39

individual rights or their lights

Daly rights as a business.

I'm

8:22:398:22:45

listening with great care to the

honourable lady, and she will agree

8:22:458:22:49

with me that references to the court

of justice are made by the courts to

8:22:498:22:55

interpret a particular provision of

EU law, rather than individuals.

8:22:558:22:59

That is an important difference

here, I think, that I'm sure she

8:22:598:23:02

will agree with.

Important to

correct my bad use of language

8:23:028:23:06

there. My point is that the majority

of references made to the court of

8:23:068:23:11

justice are made as a result of

litigation is between individuals or

8:23:118:23:15

businesses determining their

respective rights, rather than, as

8:23:158:23:19

the government paper suggested in

the summer, between the UK and the

8:23:198:23:23

EU. That isn't my view. That was the

evidence of Professor Sir David

8:23:238:23:28

Edward, who gave evidence to the

Scottish Parliament earlier this

8:23:288:23:31

year, in September, about this, and

he was very keen to impress upon

8:23:318:23:35

people that that is what EU law is

about, the determination of

8:23:358:23:38

individuals' rights.

8:23:388:23:42

That interchange is quite correct,

but does she not also accept that

8:23:428:23:46

the process of making those

judgments is where the European

8:23:468:23:50

Court of Justice has widened the

interpretation of the treaty is

8:23:508:23:53

using individual cases that was sent

for them for clarification?

That's

8:23:538:23:59

what courts do. That's what modern

courts do! If the honourable

8:23:598:24:05

gentleman cared to study the

jurisprudence of the Supreme Court

8:24:058:24:10

of the United States, Australia, New

Zealand, he would find out that's

8:24:108:24:13

what courts in adversarial

jurisdictions do. I sometimes

8:24:138:24:18

wonder, Mr J, if the real objection

of the honourable gentleman and

8:24:188:24:21

those of his kind on the benches

opposite is not to the European

8:24:218:24:25

Union, but to the very idea of

courts and the rule of law itself.

8:24:258:24:34

My point is this, as well as

creating legal certainty and

8:24:348:24:41

protecting the judiciary, amendment

137 is also important for protecting

8:24:418:24:46

the rights of individuals, because

if we don't pay in the future, if

8:24:468:24:50

our courts in the UK don't in the

future pay due regards to the

8:24:508:24:54

decisions of the Court of Justice,

even after exit, then there will be

8:24:548:25:00

no provision to ensure or even

encourage that rights in the United

8:25:008:25:03

Kingdom keep pace with EU rights

after Brexit. This could lead to

8:25:038:25:09

domestically upheld rights lagging

behind international standards,

8:25:098:25:11

which I am sure we would want to

avoid.

Would she agree with me that

8:25:118:25:19

we have already seen examples of a

denigration of our rights,

8:25:198:25:25

particularly in aspects of the trade

union Bill. And without that safety

8:25:258:25:30

net, shall we say, of the ECG, there

is a further risk of those rights

8:25:308:25:34

being degraded.

I agree with my

above them. That's probably why the

8:25:348:25:41

Trade Union Congress are supporting

my amendment. To keep rights up to

8:25:418:25:48

similar international standards is

particularly desirable in areas that

8:25:488:25:50

are required to be of reciprocity

such as consumer rights,

8:25:508:25:56

environmental standards. The right

Honourable member for Leith Central

8:25:568:26:03

has heard much evidence recently

about the importance of preserving

8:26:038:26:07

rights protections after Brexit. EU

case law has had an important impact

8:26:078:26:13

on equality rights in the UK. My

amendment seeks to ensure that

8:26:138:26:20

British courts will continue to pay

due regard to that jurisprudence as

8:26:208:26:24

our Lord develops in the future. I

urge all honourable members

8:26:248:26:29

opposite, as well as on these

benches, to give amendment 137 their

8:26:298:26:36

support in the interests of

achieving legal certainty,

8:26:368:26:39

protecting the rule of law,

protecting the judiciary from

8:26:398:26:43

political attacks, and also

protecting the rights of all our

8:26:438:26:46

constituents. I will now turn to the

amendments about a pending cases.

8:26:468:26:52

These are amendments 202 and 203,

which I'm grateful to the Law

8:26:528:26:56

Society of Scotland for drafting.

There is nothing on the face of the

8:26:568:27:01

bill at the moment to say what's to

happen to litigation pending at the

8:27:018:27:06

time of exit day. There just isn't

anything, or if there is, I'm sure a

8:27:068:27:11

government minister will point to

later. As the Right Honourable

8:27:118:27:16

member for Chesham and Amersham said

earlier, this is all about

8:27:168:27:20

legitimate expectations. As I said

when I intervened on her, if the

8:27:208:27:25

government doesn't move too, on the

face of this bill, protect from

8:27:258:27:32

legitimate expectations of

litigants, it can provide expect

8:27:328:27:35

litigation against it because of its

failure to provide an effective

8:27:358:27:42

remedy. If there was to be a single

cut off day on exit day, and if no

8:27:428:27:47

consideration was to be given for

pending cases, then that is

8:27:478:27:52

objectionable on the grounds of

retrospective at it, as other

8:27:528:27:54

Honourable members have said

previously this afternoon. This sort

8:27:548:28:03

of situation is not without

precedent. There is a precedent in

8:28:038:28:10

the way the transition from Privy

Council to the New Zealand Supreme

8:28:108:28:14

Court was dealt with, and I urge the

government to look at that. I also

8:28:148:28:18

urge all Honourable members to look

carefully at the amendments designed

8:28:188:28:21

to protect impending cases and

impending litigation at exit day.

8:28:218:28:27

Thank you, Mr chair.

Iain Duncan

Smith.

I rise only briefly for an

8:28:278:28:36

intervention. I haven't written

about any amendments. I want to

8:28:368:28:40

comment on one set of amendments and

then a point about the drafting of

8:28:408:28:44

this particular clause. Firstly I

want to say that for me this is the

8:28:448:28:48

most important, and for many of my

colleagues, the most important

8:28:488:28:51

section of the whole of this bill.

Because a clear definition of being

8:28:518:28:57

in or out of the European Union

ultimately comes down to the Court

8:28:578:29:02

of Justice's ability to change the

laws in the United Kingdom by direct

8:29:028:29:07

reference as a result of the clash

with European law. For some time, 25

8:29:078:29:13

years ago, I stood almost in the

same place during the Maastricht

8:29:138:29:16

Treaty and I made the point that the

Court of Justice was a court that

8:29:168:29:21

was more political than courts in

the UK would be, even by

8:29:218:29:26

appointment, and by the reality of

the nature of its judgment. Judicial

8:29:268:29:30

activism is a process that has come

directly from the Court of justice.

8:29:308:29:35

That has eventually percolated into

the UK courts, but to a much lesser

8:29:358:29:39

extent. The point I made a minute

ago was that it was through those

8:29:398:29:43

judgments that they have widened the

perspective on the concept of where

8:29:438:29:47

the commission is able to rule. A

good example of that is through

8:29:478:29:53

court reference, whole area is to do

with social security were widened

8:29:538:29:56

dramatically that were never in the

original treaties. Rulings have been

8:29:568:30:00

made about the application of social

security payments to individuals

8:30:008:30:04

from other countries that were never

referenced in the original treaties.

8:30:048:30:08

It's a good point about how powerful

that court is, that is key. The

8:30:088:30:13

second element I want to make on

this, why this is so critical is

8:30:138:30:19

that after the referendum, the

servant for social justice and

8:30:198:30:23

others did polling on the public on

why they supported the vote to leave

8:30:238:30:28

the European Union. The single most

powerful reason was to take back

8:30:288:30:33

control of our laws. More than

money, and more to do with

8:30:338:30:38

migration. It surprised me slightly

because I thought it was an esoteric

8:30:388:30:43

point for most members of the

public, but they thought it was the

8:30:438:30:46

most powerful reason why they

supported it. Some said even if it

8:30:468:30:49

meant they would be worse off for a

period, they would consider this

8:30:498:30:54

still to be the overriding principle

of why they voted to take back

8:30:548:30:58

control and voted to leave the

European Union. So with that is the

8:30:588:31:03

key to this, I want to make a

reference, I think the government is

8:31:038:31:08

absolutely rights to drive for this,

and it's absolutely right for the

8:31:088:31:11

government to make it clear that on

the day we leave the European Court

8:31:118:31:16

of Justice will seek to have an

effect on the United Kingdom

8:31:168:31:19

directly. I want to come back to

some of the drafting on this as to

8:31:198:31:23

how long it goes on for and come

back to some principles. Some of the

8:31:238:31:30

amendments, the honourable gentleman

for Nottingham East is not here at

8:31:308:31:33

the moment. I want to reference his

new clause. I also want to make a

8:31:338:31:38

reference to amendments 278 on the

opposition side. Why I do think in

8:31:388:31:43

line with my right honourable

friend's earlier statement, this

8:31:438:31:47

would be wrong to try to put these

on the face of this bill. The simple

8:31:478:31:51

principle that lies in this bill,

and now the government has accepted

8:31:518:31:54

it will have primary legislation is

with regards to whatever the

8:31:548:31:57

agreement is, or lack of agreement,

but the agreement as we leave the

8:31:578:32:02

European Union with regards to trade

arrangements and other arrangements

8:32:028:32:05

as well, the reason why these two

areas, the clause and the amendment

8:32:058:32:10

are run, it's because they would

seek to bind the hand of the

8:32:108:32:15

government as they sought to

negotiate. That is not the purpose

8:32:158:32:17

of this. To give an example, the

Secretary of State for leaving the

8:32:178:32:24

European Union, not so long ago made

very clear point that it was his

8:32:248:32:28

view that during the course of the

implementation period, hopefully at

8:32:288:32:32

the beginning, we would hope to have

those elements of the eventual

8:32:328:32:38

agreement in place. One of the areas

of those would be a process of

8:32:388:32:44

arbitration that would be between

the UK and the EU. If that was

8:32:448:32:50

agreed and was part of the process,

and then became part of the

8:32:508:32:53

fermentation period, then these new

clause and this amendment would stop

8:32:538:32:59

our ability to be able to make that

arrangement, because they would be

8:32:598:33:02

bound into law and we would not be

allowed to go into the fermentation

8:33:028:33:07

period with these arrangements. It

would immediately knocked out any

8:33:078:33:11

opportunity we have to accelerate

the process of where we would

8:33:118:33:14

eventually be by getting into the

fermentation period and apply the

8:33:148:33:18

arbitration process between the UK

and EU in those areas of

8:33:188:33:25

disagreement between areas of law

and other interpretations. That's

8:33:258:33:28

why these are wrong and would

actually be damaging to the

8:33:288:33:32

prospects of the negotiations that

are likely to take place. I will

8:33:328:33:35

give way to the Honourable Lady.

I

asked a couple of days ago about

8:33:358:33:42

this idea about arbitration court,

and I would be grateful if the

8:33:428:33:51

Honourable member, now he is here

himself, could clarify, how this

8:33:518:33:56

arbitration court would be different

for the ordinary people in the

8:33:568:34:00

street from what currently the ECJ

is doing. The whole process of

8:34:008:34:06

arbitration is a natural process

Leah

where they can agree to an

8:34:068:34:15

arbitration process where there are

clashes over what they have agreed.

8:34:158:34:18

That is standard practice and is in

pretty much every single free trade

8:34:188:34:22

arrangement. If we seek a free trade

arrangement, the way to have that

8:34:228:34:26

governed is through that arbitration

process where differences, where you

8:34:268:34:30

can't agreed between the two of you,

they are taken to the arbitration

8:34:308:34:33

process for a final process of

examination and thus some kind of

8:34:338:34:37

judgment about it. That is not from

a court of justice sitting in the

8:34:378:34:43

European Union, zero from a UK

court. It would be out with both of

8:34:438:34:47

those, but in the agreement. The

point I am making is that if it was

8:34:478:34:57

agreed within a free-trade

arrangement, it's something you

8:34:578:34:59

would want to start as soon as

possible, because if there is an

8:34:598:35:03

implementation period, you would

want to start implementing what you

8:35:038:35:06

have agreed as soon as possible. I

think she needs to look up most of

8:35:068:35:10

the other trade arrangements to see

what I am saying. I want to come on

8:35:108:35:15

that basis, so we give the greatest

flexibility to the government. It's

8:35:158:35:19

absolutely critical that as we

leave, we leave the court of justice

8:35:198:35:23

in that sense. I want to come now to

some of the arrangements that exist

8:35:238:35:29

within this new clause from within

clause six. I think my Honourable

8:35:298:35:38

friends on the front bench that

there is a certain confusion over

8:35:388:35:41

whether courts are meant to

reference for the Court of Justice

8:35:418:35:45

both in its previous judgments, I

think. It has already been Raised By

8:35:458:35:49

Wolves my right honourable friends

and also by The Right Honourable

8:35:498:35:52

gentleman, my right honourable

friend for Beaconsfield, there

8:35:528:35:55

remains a confusion in here going

forward as to whether courts will

8:35:558:36:01

consider, they reference judgments

from the Court of Justice, both past

8:36:018:36:04

and existing. I come back to the

point of clause six, subsection two,

8:36:048:36:11

where they are told not to have

regard to anything. Later on it goes

8:36:118:36:16

on to modify that quite a lot. I am

particularly concerned, and it has

8:36:168:36:21

been raised elsewhere, but I am

particularly concerned by the

8:36:218:36:24

definition here where it comes down

to retain EU case law means any

8:36:248:36:30

principles laid down by and any

decisions of the European Court that

8:36:308:36:33

has the effect in EU law immediately

before exit day, in so far as

8:36:338:36:38

they... They go on to reference

exactly how that will work. My point

8:36:388:36:43

is, these principles themselves will

be modified by the Court of Justice

8:36:438:36:46

as they go forward. As they are

modified, my question is, at what

8:36:468:36:52

point will UK courts consider that

those principles are no longer

8:36:528:36:59

relevant to their judgments as they

reference them? I don't expect an

8:36:598:37:04

answer right now, but I hope that as

we go forward this area that has

8:37:048:37:09

been referenced, and the point has

been made that it is unclear for

8:37:098:37:15

them to know how strong the

reference should be and whether or

8:37:158:37:17

not they should reference it or take

regard to it or not. This pointers

8:37:178:37:23

to the principles that exist, I

think is the more powerful point,

8:37:238:37:26

which is I have no idea when that

cut-off comes, or if it ever comes,

8:37:268:37:30

and if we will ever break free, as

it were, from continuation, from

8:37:308:37:36

continuing judgments and changes to

those principles. I will give way.

8:37:368:37:45

My right honourable friend makes an

important point. My own concern

8:37:458:37:48

about this is not in some way

retaining EU law but a question of

8:37:488:37:53

getting some clarity, and certainly

that isn't here. The government

8:37:538:37:57

doesn't seem to be very concerned

about this, and yet the judiciary

8:37:578:38:00

plainly is. I think that's a matter

which this house can't ignore.

I

8:38:008:38:09

agree with my honourable and learn

it. I think it is important that,

8:38:098:38:13

during the course of this debate and

others, we have an opportunity to

8:38:138:38:19

return to this with clause five

further on. I hope that my

8:38:198:38:22

honourable and right honourable

friend 's will take due regard to

8:38:228:38:26

this issue, and the courts have

already said that they are unclear

8:38:268:38:29

and they want that clarity. It isn't

always usual for courts to come back

8:38:298:38:34

and say they want us to decide, but

they really do on this, so going

8:38:348:38:38

forward there has to be a point at

which they understand that they

8:38:388:38:41

don't have to have regard to any

change in those principles and so

8:38:418:38:44

on. I urge my honourable and right

honourable friend 's to make that

8:38:448:38:49

point very clear in the course of

this process we are going through,

8:38:498:38:54

and I look forward to when they come

back. I think my right honourable

8:38:548:38:58

friend said he was going to return

to this under the sections

8:38:588:39:02

concerning clause five, and

therefore I would certainly

8:39:028:39:06

appreciate it. In conclusion,

because I know that others want to

8:39:068:39:08

speak, I applaud and support the

government in bringing forward this

8:39:088:39:13

area of the bill. This is singlet,

for me, and I think for most of our

8:39:138:39:18

colleagues, the most important

element. We can debate money and all

8:39:188:39:22

of these other areas but, when it

comes to who ultimately decides on

8:39:228:39:27

our laws, that is the key element to

anything to do with the vote to

8:39:278:39:31

leave. As I made the point earlier,

but I conclude by making it, the

8:39:318:39:34

British public voted the single area

they voted most on was to take back

8:39:348:39:41

control of their laws, but I want

that to happen as we leave the

8:39:418:39:44

European Union.

Thank you, Mr

Crosby. I am very pleased to follow

8:39:448:39:56

the honourable member for Chingford,

because the remarks he was making

8:39:568:39:58

about new arbitration system relate

very much to the points which I wish

8:39:588:40:04

to address. When I am looking at the

bill, my overriding perspective and

8:40:048:40:11

concern is to consider what is the

impact going to be on the economic

8:40:118:40:16

well-being of my constituents.

Honourable members know that the

8:40:168:40:21

north-east is a very successful

exporting region, and part of the

8:40:218:40:28

reason we have been so successful in

exporting is because we've had a

8:40:288:40:31

stable legal framework over the last

40 years. The purpose of the bill is

8:40:318:40:38

evidently to provide for continuing

legal certainty, but it does seem to

8:40:388:40:46

me that the combination of the

government's proposal offsetting the

8:40:468:40:50

exit date before the transition

period is over, and their red line

8:40:508:40:57

on the ECJ, it seems that that is

going to have the rather remarkable

8:40:578:41:01

effect of minimising the flexibility

for negotiation and maximising the

8:41:018:41:07

legal uncertainty. I wish very much

to support the amendments 278 and

8:41:078:41:15

306, moved by my honourable friend,

the member for Sheffield Central,

8:41:158:41:20

and new clause 14, moved by my

honourable friend, the member for

8:41:208:41:24

Nottingham East. Earlier this

afternoon, I asked the other

8:41:248:41:27

minister in the Brexit department if

the repeal of the 1972 act is before

8:41:278:41:34

the end of the transition or

implementation period, what will be

8:41:348:41:37

the legal basis of our relations

with the European Union in that

8:41:378:41:40

period, and of the 57 free-trade

agreements which were negotiated by

8:41:408:41:53

the European Union with third

countries? He said, don't worry, all

8:41:538:41:55

be set out in the next bill, which

we get, perhaps in a year's time,

8:41:558:42:03

perhaps in 18 months. I am sorry to

say that I don't find that very

8:42:038:42:08

reassuring and I don't find it very

reassuring because I am very

8:42:088:42:12

conscious of what it is that

businesses are calling for. They are

8:42:128:42:17

calling for an element of legal

certainty about the transitional

8:42:178:42:23

period as soon as possible. And they

are waiting -- and waiting for

8:42:238:42:30

another 12 or 18 months doesn't give

them that legal certainty, and the

8:42:308:42:32

problem with that is that they can

continue to close plants and divest,

8:42:328:42:41

and we are already beginning to see

this. Frequently, it's not happening

8:42:418:42:45

with big flags are people saying,

this is about Brexit, but it does

8:42:458:42:51

seem to be happening rather too

often.

I am grateful to my

8:42:518:42:59

honourable friend. Doesn't she find

it extraordinary that, from the

8:42:598:43:03

benches opposite, including from the

Treasury bench at the dispatch box,

8:43:038:43:07

so many members of the party

opposite have deviated from the

8:43:078:43:11

position set out clearly by the

pro-minister in her foreign speech,

8:43:118:43:15

where she said, for the limitation

period, transition period in

8:43:158:43:18

everybody else's terms, during that

period, the existing structure of EU

8:43:188:43:22

laws and relations would be in place

to provide certainty.

My honourable

8:43:228:43:29

friend is absolutely right, and the

problem that we have is this

8:43:298:43:33

distance between what the structure

of the rules, the content of the

8:43:338:43:36

rules is going to be, and the

enforceability. I want to stress

8:43:368:43:40

this point about the impact on

exporters. In the description of how

8:43:408:43:48

the transition period and the future

might pan out from the Minister half

8:43:488:43:54

an hour ago, there seemed to be no

acknowledgement that some of these

8:43:548:44:00

disputes and rights that citizens

will be claiming whether it's under

8:44:008:44:07

competition law or whether it's the

single market, will be citizens in

8:44:078:44:11

this country making claims against

citizens in the other European

8:44:118:44:16

countries, or the other 57

third-party countries. So, in order

8:44:168:44:21

to export, these countries need to

have more certainty about, for

8:44:218:44:29

example, their data protection. We

are going to come onto that another

8:44:298:44:33

day. They need more certainty,

particularly the services, about

8:44:338:44:39

professional recognition, about

licensing, about passport in and, if

8:44:398:44:42

the rights they have are not

enforceable, it seems to me that

8:44:428:44:45

they are losing that certainty. So,

at the moment, what we have is a

8:44:458:44:51

situation where half the exports of

this country go to the European

8:44:518:44:55

Union. The next 30% go to the other

57 countries where it the European

8:44:558:45:02

Union that is negotiating -- that

has negotiated and meet the legal

8:45:028:45:09

framework. We are talking about 80%

of this country's trade, and this

8:45:098:45:13

government isn't able to tell us

what the legally enforceable base

8:45:138:45:18

will be during the transition

period. This is where I come to the

8:45:188:45:24

remarks made by the right honourable

member for Chingford Ed Woodward

8:45:248:45:27

green, because he said, well, it

would be very nice if we could have

8:45:278:45:31

some new arbitration system. I'm

sorry, that doesn't seem to be on

8:45:318:45:37

offer from the other side. At the

moment, there are three

8:45:378:45:41

possibilities. One possibility is

continuing with the ECJ. The

8:45:418:45:48

government setting its face against

that. Another possibility would be

8:45:488:45:55

to join the EEA. The government has

set its face against that. The third

8:45:558:46:00

possibility is to crash out. The

option of the bespoke arbitration

8:46:008:46:02

system with the European Union does

seem to be something which it will

8:46:028:46:08

be extremely difficult to negotiate

in the 15 months which we have left

8:46:088:46:13

before the transition period begins.

With so many judiciary, businesses,

8:46:138:46:21

the law society talking about the

uncertainty that comes from clause

8:46:218:46:26

six, would she not agree with me

that it's very challenging to

8:46:268:46:31

believe the government that this

will be all right on the night, when

8:46:318:46:36

alternative dispute mechanisms would

need to be created, designed,

8:46:368:46:43

drafted, legislated for and in place

before we leave the EU customer

my

8:46:438:46:48

honourable friend is absolutely

right, and it's not just one

8:46:488:46:52

alternative system, it's 58. It is

one with the EU and another 57 with

8:46:528:46:57

everybody else. This is not really

going to happen, and ministers need

8:46:578:47:03

to get their heads around the fact

that they've got some hard choices

8:47:038:47:06

to make, and be straight with their

own backbenches and the public about

8:47:068:47:10

what the real choices are. It seems

to me that the government is being

8:47:108:47:18

irresponsible not to be wanting to

repeal the 1972 act, which is the

8:47:188:47:23

basis, and to set the date for that

at the beginning of the transition

8:47:238:47:26

period, before they can tell us how

they are going to handle this

8:47:268:47:30

transition period. So, it would be

great if we could have a proper

8:47:308:47:37

explanation from them. We haven't

yet tried that. In other words, the

8:47:378:47:41

very thing that ministers are

saying, that the whole purpose of

8:47:418:47:46

the bill is driving act, namely,

legal certainty, they cannot tell us

8:47:468:47:54

what the legal position is going to

be in 18 months' time. This bill is

8:47:548:48:00

really flawed and I really urge the

Minister 's opposite to look

8:48:008:48:06

constructively at the amendments

which have been put forward by the

8:48:068:48:09

opposition front bench.

Can I say at

the beginning that I approach this

8:48:098:48:20

bill in exactly the same spirit as

my right honourable and learn it

8:48:208:48:24

friend the member for Beaconsfield

meet in his interventions earlier

8:48:248:48:27

and in the part of this debate.

However much I think we have harmed

8:48:278:48:33

ourselves by this decision to leave

the EU, we have to make sure that we

8:48:338:48:38

deliver it in an orderly fashion.

That's critical in the legal area

8:48:388:48:42

and in the business area. The City

of London is the financial heart of

8:48:428:48:46

the whole of Europe. We to stay that

way. For it to do so, it requires

8:48:468:48:53

legal continuity and certainty. Now,

I accept that the bill seeks to do

8:48:538:49:00

this. I don't have a problem with

the intentions of the bill at all.

8:49:008:49:05

But it is worth just stressing the

importance of that and therefore the

8:49:058:49:09

importance of the detail. If we bear

in mind that this in itself involves

8:49:098:49:17

transactions being processed every

day through London to a value which

8:49:178:49:19

exceeds our annual contribution to

the EU by a significant sum,

8:49:198:49:28

significantly exceeds any likely

divorce bill figure that has been

8:49:288:49:30

bandied about, again by significant

measure. The fact that we are the

8:49:308:49:36

basis for the Eurobond market, that

we clear a great deal of Euro

8:49:368:49:41

business, generates and supports

thousands of jobs. In my

8:49:418:49:47

constituency, some 36% of the

population are employed in financial

8:49:478:49:53

and personal services. I'm not going

to do anything that puts their jobs

8:49:538:49:56

at risk or reduces their standard of

living. Those who voted to leave did

8:49:568:50:02

not vote to make ourselves poorer

for a bit of ideology. What we have

8:50:028:50:07

to do is find a practical means

forward to make sure that we have is

8:50:078:50:11

the chairman of the City of London's

policy resources to MIDI put it, an

8:50:118:50:16

orderly Brexit as opposed to a

disorderly one. -- policy resources

8:50:168:50:22

committee put it. So does it is

assist with that? Up to a point, but

8:50:228:50:32

my contention is that it only goes

so far and there are a number of

8:50:328:50:35

areas where it is lacking, which is

why this area we are debating in

8:50:358:50:39

this set of amendments tonight is

precisely one of them. The

8:50:398:50:48

incorporation of this into UK

domestic law is except it already is

8:50:488:50:53

necessary, but the debate has

highlighted significant areas where

8:50:538:50:55

there is uncertainty still and where

the wording at the moment may not

8:50:558:51:00

achieved its objective. I want to

seek a deal on the basis of the

8:51:008:51:06

Florence speech, and I hope

everybody on my side of the house

8:51:068:51:09

will stand behind the Florence

speech and not attempt to rewrite,

8:51:098:51:13

to refine, to add to it or twos

abstract from it. If we do that in a

8:51:138:51:18

constructive way, I think we can

make constructive process but I'm

8:51:188:51:21

sure that the ministers on the

shadow bench wish to have that, too.

8:51:218:51:24

To do that, that we give the courts

and contracting parties the

8:51:248:51:33

certainty they need. The final

example I give that is that

8:51:338:51:37

derivative contracts are generally

over a three to five-year period.

8:51:378:51:41

Unless there is certainty about the

impossibility of people will not

8:51:418:51:44

contract with counterparties in the

EU if they are not certain they can

8:51:448:51:50

enforce their contracts at the end.

Crashing out without a deal would

8:51:508:51:53

not give them that certainty, any

more than going to WTO terms would

8:51:538:51:58

give the services any certainty. It

would not give the London legal

8:51:588:52:03

services sector any certainty. It

would do nothing to address the

8:52:038:52:06

issue of the establishments

directive or the recognition of

8:52:068:52:09

professional rights, that enable

British lawyers at the moment to

8:52:098:52:14

gain and earn for this country

millions of pounds annually in the

8:52:148:52:18

work that they sell into the EU. All

of those things need to be done. I

8:52:188:52:24

doubt that we can get the detail

done by the end of March 2019, and

8:52:248:52:29

that is why a significant and proper

condition where we can work out the

8:52:298:52:34

details is absolutely necessary.

Let's make sure that we enable the

8:52:348:52:38

bill to achieve that with some

additions and changes to what is

8:52:388:52:41

there. I will give way.

I thank the

honourable gentleman. He has rightly

8:52:418:52:46

pointed out that a transition deal

as being required. He has pointed

8:52:468:52:51

out that the Prime Minister's

Florence speech said that that will

8:52:518:52:54

be on the basis of the jurisdiction

of the European Court of Justice and

8:52:548:52:58

EU institutions have said it needs

to be on the basis of the ECJ. With

8:52:588:53:04

that remarkable degree of alignment

between the British government and

8:53:048:53:07

the EU, shouldn't we get the

government to confirm once and for

8:53:078:53:10

all that the transition deal is on

the basis of ECJ jurisdiction?

8:53:108:53:17

I must confess, I don't see the

difficulty some people have with the

8:53:178:53:21

jurisdiction of the ECJ for a short

period. There has to be an

8:53:218:53:29

arbitration mechanism, I agree it

will be difficult to invent one in

8:53:298:53:31

time. There may be alternatives.

Since the Justice committee's report

8:53:318:53:37

in the last Parliament pointed out,

the sort of involvement in the ECJ

8:53:378:53:41

in these areas is very often

extremely limited in the overall

8:53:418:53:46

amount of our jurisprudence in the

courts. To see it through the period

8:53:468:53:52

of the transition, I think it would

be foolish to rule it out. Moving on

8:53:528:53:57

from that to the specific points

here, we need to pick up on said

8:53:578:54:01

areas and we need greater clarity on

the interpretation of retained EU

8:54:018:54:05

law. I don't think the bill, with

every respect to the ministers on

8:54:058:54:10

the Treasury bench, achieves that in

its current form. It can with

8:54:108:54:15

further work, and I think more needs

to be done. I will give way.

Like

8:54:158:54:21

him I am very keen to see that one

of our major industries is looked

8:54:218:54:26

after. Isn't the overwhelming merit

of his amendment 's 357 and 358, it

8:54:268:54:32

preserves the government's ability

to modify regulations without giving

8:54:328:54:38

certainty on day one, giving us a

functional set of rules that can be

8:54:388:54:41

on the statute book, and therefore

it will take into account some of

8:54:418:54:44

the cases he was making earlier. The

key thing for the financial services

8:54:448:54:48

industry is to have that certainty

on day one.

That's absolutely right

8:54:488:54:58

and could go. In respect to the

Minister and his earlier remarks, I

8:54:588:55:01

don't think the financial services

sector will take much comfort from

8:55:018:55:03

the rather high-level dismissal of

these proposals that we heard from

8:55:038:55:07

the Minister of State earlier. Let

me say why and what these two

8:55:078:55:10

amendments in my name and that of my

honourable friend, the member for

8:55:108:55:15

Wimbledon, seek to do. They seek to

give a general interpretive tool to

8:55:158:55:20

assist the it doesn't interfere with

the existing powers to make

8:55:208:55:30

regulation confirmed by clause

seven, but it would reduce the need

8:55:308:55:33

for them. I would have thought it

preferable not to have cooperate by

8:55:338:55:39

regulation if you can avoid it. If

you have a known and established

8:55:398:55:44

interpretive code, it will save the

need to make lots of regulations

8:55:448:55:48

under clause seven. The Minister

rightly observes it provides a

8:55:488:55:53

backstop, picking up gaps that are

not picked up in the transition

8:55:538:55:57

process. That's what subsections one

A and two A of the process would

8:55:578:56:03

achieve. The changes on laws draw

upon rules of interpretation, as

8:56:038:56:09

indicated in my intervention

earlier, imposed by the

8:56:098:56:11

international regulatory started to

regroup. That's a body co-sponsored

8:56:118:56:16

by the City of London Corporation

and City of London UK, and I am

8:56:168:56:21

indebted to the remembrances office

of the city of incorporation for the

8:56:218:56:25

drafting of these amendments. They

take the credit for the ingenuity. I

8:56:258:56:30

will give way.

I'm grateful to my

Honourable friend. I absolutely take

8:56:308:56:34

the spirit in which these amendments

are made and I am grateful to the

8:56:348:56:38

remembrances office. Would he agree

with me we need to be courses

8:56:388:56:42

because actually, if he thinks

general interpretive approach will

8:56:428:56:45

of itself and thence deficiencies,

does the fact remained that we would

8:56:458:56:53

still have two amends deficiencies

on the face of legislation even with

8:56:538:56:57

this otherwise helpful looking

provision?

I'd disagree with the

8:56:578:57:04

Solicitor General about that. But is

not an either or scenario, I would

8:57:048:57:08

suggest. I hope you will indicate he

is prepared to continue working with

8:57:088:57:13

myself and the authors of these

amendments to go forward. He nods

8:57:138:57:17

his assent, and I hope we can find a

constructive means of taking this

8:57:178:57:21

on. To make the point as to why this

is important, it is this. The first

8:57:218:57:26

of the rules, subsection three AA

defines the territorial scope of the

8:57:268:57:34

EU law in the UK. The point of that

is that it puts it on the same

8:57:348:57:38

territorial footing as domestic law,

and therefore it would assure that

8:57:388:57:41

there is a general principle that

retained EU law no longer in able

8:57:418:57:46

required people or businesses in the

UK to do or stop doing something in

8:57:468:57:50

an EU country. It's perfectly

logical from that point of view. The

8:57:508:57:55

second law would ensure a member

state of EU law that has been

8:57:558:58:00

domesticated has been taken post

Brexit as a reference to the UK.

8:58:008:58:03

That would ensure domesticated EU

law does in fact fully apply in the

8:58:038:58:07

domestic sphere. It removes any

ambiguity on that point. That's

8:58:078:58:11

going to be necessary in a large

number of instances to avoid the

8:58:118:58:18

situation in which the UK would

effectively be treated as a third

8:58:188:58:21

country for the purposes of its own

laws where retained EU law is at the

8:58:218:58:27

moment framed by reference to the

area of the EU as a whole. That

8:58:278:58:32

would be an absurdity. What we are

seeking to do there is removed that

8:58:328:58:35

risk. The third rule, five A, would

transfer all the exercise from EU

8:58:358:58:43

bodies to the Secretary of State. I

take the Minister's point that not

8:58:438:58:48

all of those will necessarily be

exercised by the Secretary of State,

8:58:488:58:51

but he is not prescriptive in that

way, legally, I think. We can talk

8:58:518:58:55

about that. We can deal with

instances where it is transferred to

8:58:558:59:00

an appropriate Secretary of State,

as well as giving a legislative

8:59:008:59:04

backstop to cater for those

circumstances where the alternative

8:59:048:59:07

arrangements had not been put in

place in time, so there is no cliff

8:59:078:59:11

edge in that regard. The fourth rule

deals with the many situations where

8:59:118:59:16

domestic authority is required

either outright or as a precondition

8:59:168:59:21

to exercise functions to deal with

EU bodies or members within member

8:59:218:59:25

states. In practice that covers for

instance cases where the UK body has

8:59:258:59:30

to notify, consult on get permission

from the UK body.

Is in the

8:59:308:59:38

overwhelming advantage of this rule

is that it allows flexibility is

8:59:388:59:45

cooperate, making it more likely we

will achieve a regulatory equivalent

8:59:458:59:49

solution more quickly.

That's

entirely right. It preserves the

8:59:498:59:54

flexibility to cooperate with

European partners. Regulatory

8:59:549:00:00

equivalences can be critical to

achieve that. It is that in a way

9:00:009:00:04

that doesn't place any inappropriate

legal constraints on the UK's on

9:00:049:00:08

operation when we have left. I'm not

suggesting every answer to

9:00:089:00:13

everything in these amendments. It

is moved in the spirit of wanting to

9:00:139:00:16

work with the government going

forward. I think they go a long way

9:00:169:00:20

towards delivering that objective of

having a functioning statute book

9:00:209:00:24

there on exit day and in a

relatively simple manner. The second

9:00:249:00:30

Amendment, very briefly, it deals

with what I think those who worked

9:00:309:00:37

on this perceived as a potential gap

concerning the interpretation of

9:00:379:00:44

domesticated EU law. Clause 6.3

preserves the effect of case law

9:00:449:00:52

laid down before exit date. We know

law 6.2 provides discretion. We have

9:00:529:00:57

talked about that a lot, taking it

into account. I listened with

9:00:579:01:00

interest to the speech of the

Honourable and learn it lady on that

9:01:009:01:06

point. I didn't say it provides the

answer but it raises serious issues

9:01:069:01:11

that need to be looked at.

Just for

the sake of clarity, I think you

9:01:119:01:21

will find that in schedule eight,

paragraph 25, there is enough scope

9:01:219:01:25

within their four other documents of

the type that he refers to to be

9:01:259:01:29

considered by the court. I hope I

have given him enough reassurance on

9:01:299:01:33

that point.

I am very grateful

indeed for the Solicitor General for

9:01:339:01:39

that clarification. He is happy to

meet me and discuss that. A

9:01:399:01:49

constructive response and

characteristically so. That will

9:01:499:01:55

enable us to deal with things like

negotiating text, the sort of thing

9:01:559:02:06

that we can discuss. Why is that

important to the international

9:02:069:02:11

regulatory group and while a central

to this? If you look at the

9:02:119:02:14

membership of that group, it

includes virtually all the

9:02:149:02:19

significant representative

institutions of the London financial

9:02:199:02:21

community. The stock exchange, the

associated financial markets in

9:02:219:02:26

Europe, Association of British

insurers, the British bankers

9:02:269:02:31

Association, the city Corporation,

major commercial organisations,

9:02:319:02:34

credit Suisse, Aviva, I Allianz

9:02:349:02:43

major commercial organisations,

credit Suisse, Aviva, I Allianz,

9:02:439:02:44

HSBC, Lloyds, it goes through the

key underpinnings of the city's

9:02:449:02:47

operation. These are important

things to take account of. I'm

9:02:479:02:51

grateful for the Minister's

willingness to meet and discuss

9:02:519:02:54

these. In doing that, can I finally

also commenced to him and other

9:02:549:02:59

ministers the observation made by my

right honourable friend, the member

9:02:599:03:03

for Chesham and Amersham, about the

Frankie Bridge cases, it cannot be

9:03:039:03:07

the intention of government that we

will remove the opportunity for

9:03:079:03:10

people to seek a remedy to wrongs

that have been done prior to our

9:03:109:03:16

departure. It's important we get

this right and she raises a critical

9:03:169:03:19

issue. I hope that ministers will

observe that the guidance in clause

9:03:199:03:27

6.2 is clearly not sufficient to

meet the concerns of our senior

9:03:279:03:31

judiciary. They have said as much.

When the noble Lord Newberg said

9:03:319:03:41

that the discretion is so wide that

it puts ministers at risk of attack.

9:03:419:03:54

Members have praised the quality of

our judiciary, and I totally agree

9:03:549:03:57

with that. We ought to listen

carefully when they say that we, as

9:03:579:04:01

a matter of protection against

malicious attack, as they have seen

9:04:019:04:04

in the past from some elements of

the press, they actually looked to

9:04:049:04:10

Parliament to protect their ability

to function independently in what

9:04:109:04:15

politicised cases.

I am listening

with care to my honourable friend,

9:04:159:04:19

but will he accept from me that

there is another danger in

9:04:199:04:22

prescribing too many words in this

bill that could actually fetter the

9:04:229:04:27

discretion of the court in a way

they would find equally

9:04:279:04:30

unacceptable, and that there is a

balance to be struck here.

There is,

9:04:309:04:35

and that's all the more important,

perhaps unusually, that governments

9:04:359:04:40

need to talk quietly with the

judiciary to find out exactly what

9:04:409:04:42

they are saying. It can't compromise

their independence. Those of us that

9:04:429:04:47

do talk to them and are in touch,

want to make sure the government

9:04:479:04:51

understands the root of their

concerns, and I'm sure there is a

9:04:519:04:55

constructive way forward on that. I

know the Solicitor General will be

9:04:559:04:59

aware of it, but this was referred

to in the Justice committee's report

9:04:599:05:03

in the last parliament. I would also

draw his attention to the concerns

9:05:039:05:07

raised by the local lord, Lord

Thomas, the recently retired Lord

9:05:079:05:11

Chief Justice, in his evidence only

a couple of days before he retired

9:05:119:05:15

from that post. They give a pretty

clear steer to the sort of thing we

9:05:159:05:20

are looking out for, and various

types of language posited. I hope

9:05:209:05:25

the Minister accepts that we need to

look further at this. I hope we can

9:05:259:05:28

do that just constructively as we

take the bill forward.

Many of my

9:05:289:05:36

constituents and businesses in my

constituency have raised the

9:05:369:05:42

importance of transition periods.

The UK transition will inevitably

9:05:429:05:46

bring with it changes to the way

goods and services are traded

9:05:469:05:49

between the UK and the EU. While

businesses on both sides are

9:05:499:05:54

beginning to anticipate and plan for

change, the scope and nature of

9:05:549:05:58

these changes are as yet unclear.

This could range from a moderate

9:05:589:06:02

disruption to a significant one in

current rights and freedoms. This

9:06:029:06:07

issue goes far beyond banking and

impacts any business that sells

9:06:079:06:11

goods and services between the UK

and EU. The negotiation of a new

9:06:119:06:16

future relationship is a separate

process from Article 50 negotiations

9:06:169:06:20

and at present there is no

indication that a new long-term

9:06:209:06:24

agreement on trade and services will

be in place at the point of exit.

9:06:249:06:29

Businesses in the UK and EU face

three unknowns. What a future looks

9:06:299:06:34

like, when that arrangement will be

in place, and what will happen in

9:06:349:06:37

the period between the end of the

current EU framework and the future

9:06:379:06:41

framework? This is why transition

arrangements are integral to avoid a

9:06:419:06:47

damaging cliff edge effect at the

point of exit. Businesses, customers

9:06:479:06:53

and their regulators will need time

to adapt and settle into a new

9:06:539:06:58

framework, a transition period would

reduce the risk of businesses making

9:06:589:07:02

potentially premature decisions

about the structures of their

9:07:029:07:04

operations. This is why negotiating

and embedding transitional

9:07:049:07:11

arrangements in a withdrawal

agreement between the UK and EU will

9:07:119:07:13

give both sides a greater degree of

visibility and certainty for

9:07:139:07:19

planning for the future. Clause six

of the EU withdrawal bill makes it

9:07:199:07:22

clear that the UK courts will not

need to keep even half an eye on the

9:07:229:07:29

case of the ECJ, and this in

legislative terms is as clear a

9:07:299:07:32

statement as you can get that the UK

courts will not have to follow ECJ

9:07:329:07:40

decisions directly or indirectly

post Brexit. Thank you.

Maria

9:07:409:07:46

Miller.

9:07:469:07:47

Within this string of amendments, I

was pleased in my early intervention

9:07:519:07:57

that my honourable and learn it

friend was able to indicate the

9:07:579:08:02

government's intention to perhaps

bring forward amendments to this

9:08:029:08:07

bill at report stage, to take out

what I believe is an important

9:08:079:08:11

recommendation that was made by the

women and qualities select committee

9:08:119:08:16

in our report that we published in

February of this year, making a

9:08:169:08:19

ministerial statement of

compatibility with the equality act

9:08:199:08:25

something that was mandatory for all

bills and all secondary legislation

9:08:259:08:30

that is related to exiting the EU.

Mr Crosby, why this is important is

9:08:309:08:37

because, actually, the government

has set out very clearly that they

9:08:379:08:40

don't want to see any backsliding on

our equalities agenda or equalities

9:08:409:08:45

law when we leave the EU, and in

making the sort of amendment that my

9:08:459:08:50

honourable friend referred to, we

will have more of a guarantee that

9:08:509:08:55

that will actually be what happens.

The EU White Paper that was

9:08:559:08:59

published in February of this year

says very clearly that the

9:08:599:09:03

government wants to see the same

rules and laws applying the day

9:09:039:09:09

after we leave the EU as dated the

day before, -- as they did the day

9:09:099:09:15

before, and this approach will

preserve the rights and obligations

9:09:159:09:17

that already exist in the UK under

EU law and provide a secure basis

9:09:179:09:24

for the future, but it isn't just

the laws themselves where certainty

9:09:249:09:28

is needed but also the frameworks

within which those laws will

9:09:289:09:31

operate. What we identified in the

enquiry that we held in the select

9:09:319:09:37

committee around CEU exit is that,

after leaving the EU, for

9:09:379:09:44

individuals, things will change,

because the UK courts will no longer

9:09:449:09:51

be able to do supply law that is

found to be incompatible with

9:09:519:09:56

equality law, as is currently the

case in the CJ you. The UK will lose

9:09:569:09:59

that particular function of the CJEU

as an arbiter of incompatibility

9:09:599:10:09

with the principles of equality so,

for the government to achieve it set

9:10:099:10:14

out objective of protecting equality

rights as they are now, we have to

9:10:149:10:19

do more than simply transposed

legislation. We also have to provide

9:10:199:10:23

that additional functionality as

well. This really matters, it really

9:10:239:10:28

matters to our constituents. It

really matters to women like Carol,

9:10:289:10:35

who was fired by her employer for

being pregnant. She had her case

9:10:359:10:39

heard in the CJEU and her rights

enforced. It matters to mothers like

9:10:399:10:45

Karen, who just wanted to be able to

work more flexibly to care for her

9:10:459:10:50

disabled son, and she had her case

heard by the CJEU at her rights were

9:10:509:10:54

enforced. We need to make sure we

can continue to do that into the

9:10:549:10:57

future. So, the, I think, sensible

and practical recommendation that

9:10:579:11:04

was put forward by the women and

equalities select committee

9:11:049:11:08

recommended to the government a

simple solution. The recommendations

9:11:089:11:13

set out that a statement of

compatibility is published by

9:11:139:11:15

government ministers when any SI or

bill relating to EU withdrawal is

9:11:159:11:22

published, explaining why the

proposals are or are not compliant

9:11:229:11:27

with the equality act. Really,

mirroring provisions that are

9:11:279:11:30

already set out in the Human Rights

Act of 1998, sections 19 and four. I

9:11:309:11:39

think this would really make it

clear to the courts that they must

9:11:399:11:44

be taking account of the equality

act, and that, if legislation is

9:11:449:11:50

incompatible, the courts could

indeed make a declaration of

9:11:509:11:55

incompatibility, which would, I

believe, have to be rectified by the

9:11:559:11:59

government, as indeed is the case

now. This is important because, as I

9:11:599:12:05

said, it enables the government to

be able to adhere to what it has set

9:12:059:12:09

out to be its policy. It also

missing gap that currently is filled

9:12:099:12:14

by the EU courts of justice. It

gives the courts in the UK the

9:12:149:12:17

potential power to be able to make

declarations of incompatibility.

9:12:179:12:25

And, perhaps, for those looking to

the public sector equality duty to

9:12:259:12:28

provide some filler of the gap, we

set out in our report very clearly

9:12:289:12:33

that the duty does not apply to

primary legislation, and that is why

9:12:339:12:38

this change is needed.

My right

honourable friend is making a

9:12:389:12:45

powerful case, as always, for

equality, and I just wonder if she

9:12:459:12:49

agrees with me that cooperation on

issues like FGM, human trafficking,

9:12:499:12:54

other gender-based crimes should

also be included in the exit

9:12:549:12:58

agreement?

My honourable friend has

a great deal of experience in these

9:12:589:13:05

matters, and I'm sure that ministers

sitting on the front bench looking

9:13:059:13:08

at these issues closely, because

they will be as aware as she and I

9:13:089:13:12

are that, as we leave the EU, the

complexity is particularly around

9:13:129:13:18

equalities need careful attention. I

was pleased that ministers, when

9:13:189:13:21

they came in front of us recently

from the GE oh, were prepared to

9:13:219:13:28

discuss issues around Brexit, and I

hope that perhaps in the future

9:13:289:13:32

Brexit ministers themselves will

want to come in front of the

9:13:329:13:35

equalities select committee to

discuss these sorts of things she

9:13:359:13:38

has set out. I thank the Minister

for really taking this issue very

9:13:389:13:43

seriously, and I know he's got a lot

on his plate, but he's taken the

9:13:439:13:48

time to look at this issue in some

detail, and I think he should be

9:13:489:13:52

applauded for that. I refer to my

honourable friend, the member for

9:13:529:13:57

Esher and Walton. I look forward to,

when it comes to the report stage,

9:13:579:14:01

seeing the fruits of his Labour.

I

just wanted to speak briefly in

9:14:019:14:11

support of amendment 137, which my

honourable and learned friend for

9:14:119:14:15

Edinburgh South West has tabled and

spoken about so persuasively about,

9:14:159:14:18

arguing that the need to strengthen

and to clarify for six, sub-clause

9:14:189:14:22

two in particular for the if the UK

is to leave the EU, it is important

9:14:229:14:28

not only that there is a functional

statute but that it is accessible

9:14:289:14:32

and compensable as probable -- as

possible. The ordinary citizen must

9:14:329:14:37

be able to understand rights and

obligations and business needs

9:14:379:14:40

clarity about the rules under which

they will be trading. Courts require

9:14:409:14:44

clear business about Parliament's

interventions. Economic interest

9:14:449:14:48

requires that. As it stands, there

is still much work to do to achieve

9:14:489:14:52

these aims, including rectifying the

lack of clarity in clause six. The

9:14:529:14:56

starting point where I think there

is an undisputed fact is sub-clause

9:14:569:15:01

three of clause six. Clearly

unmodified retained EU law should be

9:15:019:15:08

interpreted in accordance with

retained case and the principles of

9:15:089:15:10

EU law. That is necessary to ensure

the statute book applies in the same

9:15:109:15:15

way after exit as before.

Immediately after that is where we

9:15:159:15:19

get into sticky territory, and that

is the state is opposite exit

9:15:199:15:24

European caselaw. In the months and

years after exit, few cases in the

9:15:249:15:28

course of justice will concern new

EU rules -- new EU rules. Most will

9:15:289:15:35

deal with things which have not been

interpreted. In essence, such

9:15:359:15:40

decisions by the Court of Justice

are really decisions about how that

9:15:409:15:43

law always was and should have been

applied, including immediately prior

9:15:439:15:47

to exit. With apologies for moving

away from highbrow discussions about

9:15:479:15:53

the rule of law at the southern tree

Parliament, let me talk

9:15:539:15:56

hypothetically... -- at the

sovereignty of Parliament. If the

9:15:569:16:03

decision of the Court of Justice

shortly after the exit clarifies

9:16:039:16:06

that regulations do in fact apply

between you and cutting edge form of

9:16:069:16:10

budget, that decision is telling us

and clarifying what retained EU law

9:16:109:16:16

was an Brexit day, the point at

which it was inducted into our laws.

9:16:169:16:19

And yet this bill appears to fudge

or dodge the issue of whether or not

9:16:199:16:25

that ruling should be followed or

given any consideration. I think

9:16:259:16:29

they are in danger of passing the

buck. On what is a political

9:16:299:16:33

decision to judges. The UK many

fragile the six sided budget, unlike

9:16:339:16:38

his German counterpart, is unclear

where he stands, and importantly so

9:16:389:16:43

are the judges. What I think should

happen, and I think there is a

9:16:439:16:47

strong argument for this, is that

this parliament says, because that

9:16:479:16:52

objective is part of retained EU

law, and the fact there was a Court

9:16:529:16:56

of Justice judgment, even though

handed down after exit, if that

9:16:569:16:59

judgment confirms that when they

incorporated those obligations we

9:16:599:17:02

were in Corbridge and revelations

that do apply to a six sided widget,

9:17:029:17:05

that is also part of retained EU law

in the UK, unless there is good

9:17:059:17:10

reason to the contrary foot that

would seem sensible and desirable

9:17:109:17:13

first of all simply from illegal

Cary Grant of you but more

9:17:139:17:17

importantly from a practical point

of view, because if we have to make

9:17:179:17:20

trading competition with the EU as

simple as possible it surely makes

9:17:209:17:23

sense for the same rule, one found

in the EU regulation, one in

9:17:239:17:31

domestic law, to be interpreted in

the same way unless there are such

9:17:319:17:34

very good reasons to the contrary

foot all that clause 6.1 says is

9:17:349:17:39

that courts and tribunals are not

bound by post Brexit Court of

9:17:399:17:42

Justice decisions and it just says

it can have regard to such caselaw

9:17:429:17:47

if it considers it appropriate. Lord

Newberg says that isn't hopeful for

9:17:479:17:51

judges and neither is it helpful for

the six sided widget manufacturer

9:17:519:17:56

who needs to know whether he can

comply with those revelations and

9:17:569:17:59

isn't sure whether that will work.

You might even find that courts in

9:17:599:18:05

different parts of the UK could come

to different decisions about whether

9:18:059:18:08

to follow a Court of Justice

judgment on the widget regulations.

9:18:089:18:12

I think Parliament has to do much

better. We have to bear in mind that

9:18:129:18:17

amendment one and 137 are

alternative options if there are

9:18:179:18:23

reasons why domestic courts

shouldn't want to follow a Court of

9:18:239:18:25

Justice ruling. The court could

simply regard and declined to follow

9:18:259:18:31

the court judgment, and there could

be good reasons for that to happen,

9:18:319:18:34

perhaps it Parliament had already

decided to put in place its own

9:18:349:18:39

separate statutory regime for six

sided widgets. Ultimately, it

9:18:399:18:43

Parliament decides after a

particular judgment by the Court of

9:18:439:18:45

Justice that it wants to change

retained law in order to take a

9:18:459:18:49

different course, it can do that.

But there are many more rules which

9:18:499:18:52

surely it would be sensible for this

Parliament to leave in place as they

9:18:529:18:56

are and to stick to ensure

consistently of the application so

9:18:569:19:00

far as that is possibly.

It is

perhaps one of the reasons why the

9:19:009:19:09

government and the Brexiteers who

appear to be paying precious little

9:19:099:19:12

attention to anything that is going

on in the house at the moment are

9:19:129:19:16

not really interested in all of

this, because what they want to see

9:19:169:19:19

is a bonfire of any kind of

regulations of this kind and a race

9:19:199:19:23

to the bottom. That is the ultimate

goal of the Brexiteers on the

9:19:239:19:27

benches opposite.

I suspect my

honourable friend is right with his

9:19:279:19:32

intervention. At the point of

suggesting, there are many more

9:19:329:19:37

rules which surely it would be

sensible for this Parliament to

9:19:379:19:40

leave in place exactly as they are,

and not only that to seek to ensure

9:19:409:19:44

consistency of application between

the UK and EU so far as possible.

9:19:449:19:49

Within the bill itself, sub-clause

6.6, it allows for modified retained

9:19:499:19:53

law to be interpreted in accordance

with retained law and principles if

9:19:539:19:58

that is what Parliament in tents.

What we need is clear expression of

9:19:589:20:01

intention that, by leaving rules

unmodified and retaining the same

9:20:019:20:06

rules as are in place on exit date,

we are generally seeking for them to

9:20:069:20:09

be applied in the same way here is

across the EU, and that is a

9:20:099:20:14

political decision and that is why

it shouldn't be left to judges that

9:20:149:20:17

should be expressed clearly by this

Parliament that that is what we want

9:20:179:20:20

to happen. That will help judges, it

will be good for the six sided

9:20:209:20:26

widget manufacturers, who understand

the rules under which they have to

9:20:269:20:30

operate and, importantly, it will be

good for citizens who will benefit

9:20:309:20:33

from clarity about the rights, so it

is imperative that Parliament eggs

9:20:339:20:37

this happen, by amendment 137 or

otherwise. -- Parliament makes this

9:20:379:20:43

happen.

It pains me to say this, but

I think that what several of us have

9:20:439:20:48

been trying to say, put briefly, is

that clause six as it stands is a

9:20:489:20:52

frightful mess. Of course, I shall

be voting with the government

9:20:529:20:58

tonight, but I very much hope that,

after this debate, as did not happen

9:20:589:21:05

after the second reading, that the

government will go away and think

9:21:059:21:08

about clause six because, if it

doesn't, it will get massacred in

9:21:089:21:11

the House of Lords, but rightly, not

least by former law lords and, after

9:21:119:21:17

that, it will be difficult for those

of us who know it's a mess at the

9:21:179:21:21

moment to support and attempt to

overrule the House of Lords. I bake

9:21:219:21:24

the front bench to take seriously

the problem that we are trying to

9:21:249:21:29

expose. Let me try to describe it

more clearly than perhaps I've

9:21:299:21:33

managed so far, but I know that my

right honourable friend and others

9:21:339:21:38

have also tried. It is very clear

from clause 5.2 that the government

9:21:389:21:47

accepts that in relation to be

retained law, the interpretive

9:21:479:21:51

powers of the ECJ are extremely

wide, because 5.2 tells us that the

9:21:519:22:03

principal and supremacy of EU law

will continue to apply, so far as

9:22:039:22:06

relevant to application, with any

enactment. As my honourable friend

9:22:069:22:12

sitting below me has pointed out,

the supreme power that can be given

9:22:129:22:18

to a court of this land is being

attributed in this bill to the ECJ,

9:22:189:22:24

in respect of existing legislation,

namely, the power to squash an act

9:22:249:22:29

of Parliament. You can't get higher

than that. Now, we come to clause

9:22:299:22:34

six and, in particular, 6.3. My

honourable friend, the Minister,

9:22:349:22:40

said that he wanted to create a

snapshot, I think I am quoting him

9:22:409:22:45

exactly, under which the courts in

6.3 would proceed exactly as 6.3 a

9:22:459:22:55

tells us, namely, in accordance to

any retained caselaw and any

9:22:559:22:58

retained general principles of EU

law. We do that together with 5.2,

9:22:589:23:02

that means the court as a whole are

being abjured by act of Parliament

9:23:029:23:10

to observe the supremacy of the ECJ

in respect of retained law including

9:23:109:23:12

where that requires the quashing of

an act of Parliament, and there is

9:23:129:23:18

no hesitation in three a about the

courts' scope of discretion in that

9:23:189:23:26

respect. That seems a perfectly

clear position. It isn't one, as a

9:23:269:23:32

matter of fact, that I would wish to

sponsor. I think it defeats a large

9:23:329:23:38

part of the very reason for Brexit.

For example, almost the entirety of

9:23:389:23:43

our benefits system has been warped

by interpretations of the ECJ which

9:23:439:23:47

go expensively way beyond the

treaties and create constraints on

9:23:479:23:54

the award of benefits that no

British government would wish to

9:23:549:23:57

see. Nevertheless, it is a clip

position, and my only purpose this

9:23:579:24:02

evening is to make sure we don't

create a frightful legal muddle, so

9:24:029:24:06

I would even settle for 6.3 a as the

principal of the thing if it were

9:24:069:24:12

clear and applied to the UK courts.

9:24:129:24:18

The problem is when you turn to

6-pointer for a it is perfectly

9:24:189:24:22

clear that on the face of the Bilby

Supreme Court is not bound by any

9:24:229:24:31

caselaw. My honourable Minister said

this was fine because after the

9:24:319:24:36

snapshot the Supreme Court would be

able to make adjustments and so the

9:24:369:24:39

law would move on. Let's follow the

process a bit. A lower court, or

9:24:399:24:46

maybe a sequence of lower courts up

to but not including the Supreme

9:24:469:24:50

Court, had before them a case to

which they must apply the principles

9:24:509:24:55

of 6.3 eight. They inform the judge

that the possibly very expansive and

9:24:559:25:02

possibly TV a logical judgments of

the ECJ going way beyond the plain

9:25:029:25:08

words of any text or treaty or right

corrective or regulation apply. Best

9:25:089:25:15

possibly teleological. The Supreme

Court has given no as to what

9:25:159:25:25

principles to apply. It is simpler

told is not bound by EU caselaw.

9:25:259:25:28

Let's suppose that for some reason

in some good reason, for example the

9:25:289:25:33

principle of equity or natural

justice or some such, the Supreme

9:25:339:25:37

Court judges in the opposite

direction to that of the lower

9:25:379:25:39

courts. It has now created a

precedent. The next case of a

9:25:399:25:43

similar variety appears in a lower

court. The lower court is abjured by

9:25:439:25:47

the statute, notwithstanding the

Supreme Court having made that

9:25:479:25:52

decision to follow 6.38 and apply

the rulings of the ECJ however

9:25:529:26:00

expansive and contradictory the

treaties were, and notwithstanding

9:26:009:26:03

whatever the Supreme Court has said,

or is it? Should the lower court

9:26:039:26:08

instead apply the principle applied

by the Supreme Court when it was

9:26:089:26:12

relying on 6.4 eight it departed.

I

am listening with great care, is in

9:26:129:26:20

the simple answer that the Supreme

Court will apply the rules of

9:26:209:26:25

precedent in accordance with their

practice direction of 50 years ago

9:26:259:26:29

which allows them to depart from

previous case authority where it

9:26:299:26:34

appears right to do so. So there are

principles that are set out in

9:26:349:26:38

domestic law by the Supreme Court

and its predecessor in the judiciary

9:26:389:26:42

of the House of Lords.

With great

respect to the Solicitor General, I

9:26:429:26:48

would draw him back to 6.3 a which

directs the lower court in such a

9:26:489:26:55

case to continue to apply the

contained caselaw in the case of ECJ

9:26:559:27:03

jurisprudence and stop the Supreme

Court jurisprudence. If that is not

9:27:039:27:06

what the government intends than it

needs to redraft 6.3 A. They can

9:27:069:27:11

have it one way or the other way,

but we can't in this country have a

9:27:119:27:14

legal system that tells our courts

to do two different things. That's

9:27:149:27:20

why the former judges are causing a

ferocious because they are not being

9:27:209:27:26

told what we are as a parliament

expecting of them.

In effect we seek

9:27:269:27:36

to settle the status of EU caselaw

so it has equivalent status of

9:27:369:27:41

Supreme Court authority. That's what

we are doing that is the explanation

9:27:419:27:44

for the hierarchy that he has very

fairly outlined in his remarks.

If

9:27:449:27:52

the Solicitor General is trying to

argue that he is aiming for an

9:27:529:28:00

equality in which the jurisprudence

of the ECJ and the jurisprudence of

9:28:009:28:05

the Supreme Court are equal, that

poses an insoluble problem for the

9:28:059:28:09

lower court. One has to Trump the

other. And this bill, if it is

9:28:099:28:16

trying to make out one trumps the

other, it does not do it. It's quite

9:28:169:28:19

important that a human being who

speaks English and reads this bill

9:28:199:28:23

can see which Trump switch. I will

give way. What I understand exactly

9:28:239:28:30

where my right honourable friend is

coming from.

Meyer standing is that

9:28:309:28:40

once the Supreme Court had departed

from the jurisprudence of the

9:28:409:28:43

European Court of Justice in a

particular case, then thereafter the

9:28:439:28:47

Supreme Court 's' jurisprudence

would be the one that the lower

9:28:479:28:54

court had to follow. But that does

not get as pass the problem that the

9:28:549:29:00

Supreme Court is provided with no

guidance whatsoever about the

9:29:009:29:05

purpose nature of EU law and how it

should approach.

Let me take my

9:29:059:29:12

right honourable friend's very

helpful intervention into steps. If

9:29:129:29:17

what he said in the first step about

the supremacy of the Supreme Court's

9:29:179:29:22

rulings is to apply, which is not

inequality, but puts the Supreme

9:29:229:29:27

Court above the ECJ in the

interpretation of these matters for

9:29:279:29:31

retained law, that is a perfectly

clear position and one which I would

9:29:319:29:36

welcome. But then the bill should

bloody well say so. However, if he

9:29:369:29:47

is right, and we make the

presumption the bill is adjusted, as

9:29:479:29:51

I am sure it will be in the House of

Lords to make it clear that is the

9:29:519:29:55

case, we face the next problem, what

is the poor old Supreme Court meant

9:29:559:29:58

to be doing?

I can understand him in

6.3 letter A, the words in

9:29:589:30:09

accordance with any retained

caselaw, but I don't understand the

9:30:099:30:13

words any retained principles of EU

law, because that would suggest the

9:30:139:30:17

court as to adopt a methodology.

Actually what we want our courts to

9:30:179:30:26

do is revert to what they used,

which is interpreting statute

9:30:269:30:33

without reference to the

jurisprudential techniques and the

9:30:339:30:37

teleological techniques adopted by

European courts.

As a matter of

9:30:379:30:42

fact, notwithstanding the chuntering

of my right honourable friend on the

9:30:429:30:46

back row, she is quite wrong about

these issues, but I happen to agree

9:30:469:30:50

with my honourable friend. My point

is, it doesn't matter which side of

9:30:509:30:55

the argument you on, but we have to

be on one clear side or the other.

9:30:559:30:59

The reason it says in 6.3AI feel

sure that the joke court should

9:30:599:31:04

judge with any accordance with any

retained principles, is exactly the

9:31:049:31:08

reason my Solicitor General sites.

As we see in 5.2, the purpose of the

9:31:089:31:15

teleological nature of the judgments

and the ability of those judgments

9:31:159:31:19

to quash even acts of Parliament

should apply to the way our courts

9:31:199:31:24

continue to interpret retained law.

I think that is the intent of 6.3 A.

9:31:249:31:29

That leaves us with a wide open and

you on in question, should the

9:31:299:31:34

Supreme Court, in making judgments

where it is not bound we are told in

9:31:349:31:38

6.4 letter eight by any retained EU

caselaw, nevertheless apply the

9:31:389:31:43

general principles and try to the

same purpose and teleological

9:31:439:31:48

reasoning that the ECJ uses? We are

not told, the judges are not told,

9:31:489:31:53

and therefore six, so far from

creating legal certainty, creates

9:31:539:31:57

the largest possible degree of legal

uncertainty. Not a tolerable

9:31:579:32:02

position at what one big government

or opposition wishes to achieve. I

9:32:029:32:05

don't think there is anyone in the

whole House of Commons wishes to

9:32:059:32:10

achieve it, but the cause as

currently drafted achieves this.

I

9:32:109:32:15

think The Right Honourable member

for West Dorset is absolutely right

9:32:159:32:18

in pointing out issues that need to

be clarified and clarified as soon

9:32:189:32:23

as possible, which is why new clause

14 says in a very polite way, it

9:32:239:32:28

would help everybody if the

government, within one month of

9:32:289:32:31

Royal assent of the act could

publish a report explaining improper

9:32:319:32:38

detail how EU retained law applies

within that transition period.

9:32:389:32:44

Forgive me, but the honourable

gentleman didn't allow me to

9:32:449:32:46

intervene on him. Let me say now

that his point is wholly irrelevant

9:32:469:32:51

to clause six. It relates to the

transition, which will be covered in

9:32:519:32:55

another bill. My concern is about

the continuing state of UK law

9:32:559:32:59

following exit. This is not going to

be resolved by the government

9:32:599:33:03

producing some white paper or other.

It has to be resolved by clause six

9:33:039:33:07

being drafted in a way that creates

the very legal certainty the

9:33:079:33:12

government admirably wishes to

create, and at the moment it

9:33:129:33:15

abundantly fails to do.

I would like

to put on the record that I think my

9:33:159:33:20

right honourable friend is asking

some very interesting questions. It

9:33:209:33:27

doesn't necessarily mean that him

not being a judge, or indeed any of

9:33:279:33:31

us in this chamber, that he is

necessarily drawing the right

9:33:319:33:34

conclusions. But what he's doing is

pointing to a number of questions

9:33:349:33:39

which definitely needs be raised. I

would simply say that one thing I

9:33:399:33:44

don't think he has mentioned

particularly is under 5.1, the

9:33:449:33:50

principle of the supremacy of EU law

does not apply to an enactment or

9:33:509:33:54

rule of law passed or made after

exit day, and that must include this

9:33:549:33:58

bill. And furthermore, I don't think

he has quite taken on board what the

9:33:589:34:03

Solicitor General said with respect

to our application of interpretation

9:34:039:34:10

which they would be obliged to apply

in the Supreme Court after exit day.

9:34:109:34:14

I think there are some interesting

questions, but I don't think, if I

9:34:149:34:19

may say so, that we can necessarily

draw conclusions from the questions

9:34:199:34:22

he is putting.

I'm grateful to my

honourable friend and I'm happy to

9:34:229:34:30

leave it to the government to draw

conclusions and asked questions in

9:34:309:34:34

due course. I don't think 5.1 helps

at all. My honourable friend is

9:34:349:34:39

right that it excludes the

possibility of subsequent enactments

9:34:399:34:44

being subject to the principle of

supremacy. But in 5.2 it is equally

9:34:449:34:49

clear that in so far as the retained

laws are concerned, the principle of

9:34:499:34:53

supremacy remains, and therefore

they may be judgments that in the

9:34:539:34:56

future judge that already existing

law, whether it is judged to be a

9:34:569:35:03

conflict between an act of

Parliament and an ECJ ruling, should

9:35:039:35:08

have the result that the ECJ ruling

triumphs over the act of Parliament.

9:35:089:35:12

That is a perfectly possible and

sensible position to adopt. It's not

9:35:129:35:16

one my honourable friend here from

Colchester... Harwich, forgive me,

9:35:169:35:22

and I would like to see, but

nevertheless it's a perfectly

9:35:229:35:28

tolerable position, but it needs to

be carried over from the Supreme

9:35:289:35:31

Court just as much. My point remains

the very simple point that the bill,

9:35:319:35:36

if it is trying to achieve a

hierarchy here, it needs to state

9:35:369:35:39

what the hierarchy is. In stating

that hierarchy it needs to make

9:35:399:35:44

clear who governs whom. At the

moment, this doesn't do it.

Wes

9:35:449:35:52

Streeting.

It's a pleasure to follow

The Right Honourable member for West

9:35:529:35:59

Dorset, who rather

uncharacteristically had to knock

9:35:599:36:04

several lumps out of his own front

bench to get them to see sense

9:36:049:36:10

around some obvious problems with

clause six. I have chosen to rise at

9:36:109:36:14

this point in the evening to pick up

on some of the inconsistencies and

9:36:149:36:18

flaws that I think have been

revealed during the course of this

9:36:189:36:20

debate. In the insufficient and in

some case absent replies from the

9:36:209:36:26

front bench. My honourable friend,

the member for Sheffield century as

9:36:269:36:31

the minister very clearly if during

the transition period the

9:36:319:36:33

jurisdiction of the European Court

of Justice would apply. The

9:36:339:36:40

Minister, if the Minister would like

to address that point now I am happy

9:36:409:36:43

to give way.

He was not here for

large parts of the debate. It was

9:36:439:36:52

addressed very squarely. If he reads

Hansford.

For the benefit of viewers

9:36:529:36:58

just tune in in on BBC Parliament,

I'm happy to give way to him a

9:36:589:37:02

second time if you would like to

state very clearly for the record,

9:37:029:37:04

on that fundamental point, in his

view, does the jurisdiction of the

9:37:049:37:10

European Court of Justice apply

during a transition period. It's a

9:37:109:37:14

very simple question and it only

needs a yes or no answer.

I suspect

9:37:149:37:26

that the Minister has been taking

lessons from the Foreign Secretary

9:37:269:37:31

and I suggest when he says we should

read Hansford, we will find a giant

9:37:319:37:36

lacuna in Hansard. These will come

back to haunt him.

9:37:369:37:44

I am happy to be generous and to

give way to the Minister. It is a

9:37:499:37:52

simple yes or no question.

Both of

the honourable gentleman have not

9:37:529:37:58

been in here for the entirety of the

debate. This issue has been

9:37:589:38:03

addressed squarely. We are not going

to pre-empt or bridge...

I'm not

9:38:039:38:13

sure the minister entirely had a

chance to finish his point. I am

9:38:139:38:16

happy to give way again so he can

finish the central question, which

9:38:169:38:21

is whether or not the

jurisdiction... It is a simple

9:38:219:38:24

question, and the reason this is so

problematic is because those of us

9:38:249:38:28

who have been listening very

carefully to the concerns of whole

9:38:289:38:31

sections of the economy, their

concerns about uncertainty around

9:38:319:38:36

Brexit, we have heard a simple

message, which is that the biggest

9:38:369:38:39

risk to this country's economy at

this moment is uncertainty, and what

9:38:399:38:44

the government could simply do now

to reassure sectors of the economy

9:38:449:38:48

where the manufacturing businesses

with supply chains in the EU, or

9:38:489:38:54

financial and professional services,

who are worried about whether or not

9:38:549:38:57

contracts will soon be honoured and

upheld, or jobs and activity could

9:38:579:39:01

be relocated, the central message

the government could give those

9:39:019:39:06

industries is that, during the

transitional period, the existing

9:39:069:39:11

structure of EU rules and

regulations will apply, and I

9:39:119:39:13

certainly will give way.

I was

present in the debate when the

9:39:139:39:19

Minister previously addressed this

question and, as far as I can

9:39:199:39:23

remember at the time, he didn't

answer the perfectly straightforward

9:39:239:39:27

question at all.

I am grateful to

the right honourable gentleman. I am

9:39:279:39:39

sure, if the right honourable

gentleman didn't hear a clear

9:39:399:39:42

answer, I'm sure most members didn't

hear a clear answer, and there is a

9:39:429:39:48

golden opportunity again for the

Minister or even the Secretary of

9:39:489:39:50

State to help him out. A very simple

question about whether or not,

9:39:509:39:56

during the transition period, the

European Court of Justice will be

9:39:569:40:00

able to exercise jurisdiction in the

way it does presently. It's a simple

9:40:009:40:05

question. Can the Secretary of State

give clarity on this point alone? It

9:40:059:40:08

is a simple and fundamental

question. He is the real power

9:40:089:40:17

behind the throne. I will give way

to the honourable gentleman.

I am

9:40:179:40:21

grateful to the honourable gentleman

for giving way, because the answer

9:40:219:40:24

ought to be perfectly clear. If

there is still jurisdiction of the

9:40:249:40:29

European Court of Justice, we will

not have left the European Union.

I

9:40:299:40:33

am grateful to the honourable

gentleman before setting out in the

9:40:339:40:37

house today be consistent view he

has held throughout the referendum

9:40:379:40:40

campaign and in the debate that

followed that this is the

9:40:409:40:43

fundamental problem the government

have. It's not whether or not it is

9:40:439:40:47

the will of the house that the ECJ

should have jurisdiction during the

9:40:479:40:52

transitional period, because I think

most people in this house, whether

9:40:529:40:55

they voted Leave or Remain,

understand the central importance of

9:40:559:41:01

giving business certainty about what

will happen when we leave the EU. In

9:41:019:41:05

fact, the Prime Minister understood

it in the speech... She understood

9:41:059:41:09

it in her speech in Florence, where

she said, during the transition

9:41:099:41:15

period, the existing structure of EU

rules and regulations will apply.

9:41:159:41:18

She also said, which follows on some

of the points made earlier this

9:41:189:41:23

evening in the debate, and if a new

disputes resolution can be agreed

9:41:239:41:27

weekly, if this can be done

smoothly, then a new disputes

9:41:279:41:34

resolution process could be put in

more quickly, and thickly invocation

9:41:349:41:38

is there, in the Prime Minister's

view in Florence that, in order to

9:41:389:41:43

provide business with the certainty

they need now about jobs and

9:41:439:41:47

economic activity, during a

transition period, for a time

9:41:479:41:50

limited period, we would remain in

the single market, the customs union

9:41:509:41:55

and necessarily under the

jurisdiction of the European Court

9:41:559:41:57

of Justice.

Is my honourable friend

as puzzled as I am why ministers are

9:41:579:42:02

not willing to support the policy of

the Prime Minister? The Prime

9:42:029:42:07

Minister made the position very

clear in answering an intervention

9:42:079:42:09

from the honourable gentleman that

the writ of the European Court of

9:42:099:42:13

Justice will run during the

transition period, at least at the

9:42:139:42:16

start of it.

I am just as bewildered

as the right honourable gentleman

9:42:169:42:22

about this point and, in fact, many

members may not have seen, but

9:42:229:42:26

tomorrow's Daily Telegraph carries a

front-page splash entitled the

9:42:269:42:30

Brexit mutineers and, on the front

page, they will find people like the

9:42:309:42:35

honourable gentleman for Brookstone,

the honourable gentleman for Bromley

9:42:359:42:40

and Chislehurst, the right

honourable gentleman for Rushcliffe

9:42:409:42:44

and other Conservative members, who

have done nothing else but in the

9:42:449:42:52

course of this debate, try and get

the government to a position

9:42:529:42:56

whereby, as we leave the European

Union, we do so in a way that

9:42:569:43:01

provides the most clarity, the most

certainty and the most stability in

9:43:019:43:05

the interests of our economy, and as

my honourable friend for East Ham

9:43:059:43:10

alluded to, the real Brexit

mutineers are not people like the

9:43:109:43:15

honourable member to Brookstone, why

will give way to shortly, because

9:43:159:43:18

those members of the members who

ironically are upholding the

9:43:189:43:22

principles of the foreign speech.

The real mutineers are members of

9:43:229:43:25

the Cabinet, in the department for

exiting the European Union, in the

9:43:259:43:31

Foreign and Commonwealth Office.

They are the real Brexit new delays

9:43:319:43:33

and they should be explaining why

they are not prepared to back the

9:43:339:43:36

clear position set out by the Prime

Minister. -- the wheel mutineers.

9:43:369:43:43

Does the honourable gentleman share

my concern that this is a blatant

9:43:439:43:45

piece of bullying that goes to the

heart of democracy? Could he agree

9:43:459:43:52

with me that none of those people

who have been named in this way, and

9:43:529:43:56

I take it as a badge of honour,

actually, but none of those people

9:43:569:43:59

want to delay or to thwart Brexit.

We want a good Brexit that works for

9:43:599:44:06

everybody in our country. That isn't

a lot to ask in a democracy.

I

9:44:069:44:12

wholeheartedly agree with the

honourable lady. I know she isn't

9:44:129:44:14

somebody to be pushed around and, in

fact, I looked at the front page of

9:44:149:44:20

the Telegraph and I saw a range of

principled politicians with whom I

9:44:209:44:24

have a number of principled

disagreements, but who I look to as

9:44:249:44:29

distinguished parliamentarians who

always act in what they believe to

9:44:299:44:33

be the best interests of their

constituents and their country. This

9:44:339:44:37

brings us to the central challenge

that we have at this particular

9:44:379:44:40

point in the Brexit negotiations.

Manufacturing firms would supply

9:44:409:44:45

chains in the EU are happy to make

decisions now, before Christmas,

9:44:459:44:50

about jobs, about activity, about

whether or not to renew contracts or

9:44:509:44:56

to sign up to new ones. The clear

message from financial and

9:44:569:45:01

professional services, whose

concerns have been brilliantly

9:45:019:45:07

outlined or attempted to be

addressed by the MBE for Bromley,

9:45:079:45:12

the clear message from leading

sectors of the economy is that,

9:45:129:45:15

unless there is a clear sense of

direction and some reassurance

9:45:159:45:19

around the rules of the transition

period and how it will operate, they

9:45:199:45:24

will be forced to activate

contingency plans as early as now

9:45:249:45:28

and before Christmas, but certainly

into the first quarter of 2018. The

9:45:289:45:35

clock is ticking. Time is running

out. And I don't think that

9:45:359:45:39

ministers, in muddying the waters in

the way they have during the debate

9:45:399:45:42

this afternoon, have done anything

at all to reassure businesses, who

9:45:429:45:48

are hovering over activating those

contingency plans.

I completely

9:45:489:45:52

agree with what I honourable friend

is saying about the importance of

9:45:529:45:55

giving certainty and support and

what he has said that transition.

9:45:559:45:57

Would he not also agree that the

crucial thing would be to rule out a

9:45:579:46:02

catastrophic no deal Brexit that so

many people are worried about an

9:46:029:46:06

hour now hedging against? They are

fearful of the consequences.

I

9:46:069:46:13

agree. We hear this fallacy about

those of us who warn against a no

9:46:139:46:20

deal Brexit somehow be willing to

sign up to any kind of bad deal, as

9:46:209:46:24

if there is a bad deal that could

possibly be worse than no deal. I

9:46:249:46:29

would like to hear an intervention

from anybody opposite or on the side

9:46:299:46:34

of the house who can explain how

crashing out of the European Union

9:46:349:46:38

and over a cliff edge, with

immediate end to all of the existing

9:46:389:46:42

contractual and legal obligations

and existing frameworks and

9:46:429:46:47

protections, a hard order in

Ireland, the end of our trading

9:46:479:46:51

agreements, not just with the EU but

through the EU to countries across

9:46:519:46:55

the world, how on earth any kind of

deal or transitional deal could be

9:46:559:46:58

worse than no deal. In my view, no

deal is the very worst deal, and it

9:46:589:47:04

is astonishing that there people

opposite who not only entertain the

9:47:049:47:07

possibility of no deal are

enthusiastically encouraging it with

9:47:079:47:10

the views that they put forward.

There have been many problems with

9:47:109:47:17

the Prime Minister's approach to

Brexit, but I thought, in the

9:47:179:47:22

Florence speech, she tried to set

out a practical and flexible

9:47:229:47:26

framework through which we can give

business certainty now about the

9:47:269:47:30

transition period but, crucially,

where there would only be one set of

9:47:309:47:35

changes from our membership of the

EU to our future relationship with

9:47:359:47:38

the European Union once we've left.

What the front bench have done this

9:47:389:47:43

evening is to drive a coach and

horses through the Florence speech.

9:47:439:47:49

They cannot provide business with

the clarity they need about how the

9:47:499:47:55

European Court of Justice will

operate in transition. They ought to

9:47:559:47:57

support our position, which is to

remain in the single market and

9:47:579:48:01

customs union for the time-limited

period of transition, because that

9:48:019:48:05

would give business the certainty

they desperately need. Four members

9:48:059:48:08

opposite to put their ideological

vanities against the best interests

9:48:089:48:14

of the British economy is self

reckless and irresponsible.

--

9:48:149:48:21

selfish, reckless and irresponsible.

Can I just picked up two or three

9:48:219:48:24

points that have been made in this

debate? I think it's been an

9:48:249:48:29

important debate with some

fantastic, magnificent

9:48:299:48:31

contributions, especially from my

right honourable friend the member

9:48:319:48:35

for West Dorset. Can I start firstly

with what he had to say, because it

9:48:359:48:40

is central. I appreciate what the

government has been trying to do

9:48:409:48:44

with clauses five and six, and the

way in which retained EU law should

9:48:449:48:50

be interpreted. But, firstly, I

happen to agree with my right

9:48:509:48:56

honourable friend that's the way in

which it's worded is opaque,

9:48:569:49:01

although I think I had understood

what the government had intended in

9:49:019:49:04

terms of the role of supremacy of

the Supreme Court in developing law.

9:49:049:49:08

But it still doesn't get us away

from the fundamental problem that EU

9:49:089:49:11

law is different from our law. Its

rules of interpretation are

9:49:119:49:15

different. Its purpose is different.

And, right through this bill, we are

9:49:159:49:23

going to come back to this problem,

over the charter of fundamental

9:49:239:49:27

rights or general principles of EU

law. You can't just take it and drop

9:49:279:49:31

it into our law and then leave no

guidance as to what the government

9:49:319:49:36

expects this law to be used for. And

I do worry that the lack of

9:49:369:49:44

explanation is most peculiar, and

that the consequences, it's not a

9:49:449:49:50

question of wanting to keep it...

Ultimately, I assume it's all going

9:49:509:49:54

to go away. But, in the meantime,

there was a lack clarity, and I can

9:49:549:49:59

well understand why the judiciary,

particularly the senior judiciary,

9:49:599:50:02

are troubled by this lack of

guidance. It's almost as if the

9:50:029:50:05

government has found it too

embarrassing to want to grapple with

9:50:059:50:09

this. It wants to maintain

continuity but it doesn't want to

9:50:099:50:15

maintain the implication of

continuity, because that is a

9:50:159:50:18

difficult message to sell to some

members on these benches. And so we

9:50:189:50:24

are really going to have to look at

this as we go through, and I'm

9:50:249:50:28

prepared to try and help the

government to find a way through. It

9:50:289:50:31

isn't that I want to keep its aura,

I know there are many on these

9:50:319:50:35

benches don't like it at all, but

the simple fact is that we need to

9:50:359:50:39

look at it. As for the other issues

that have been debated, they are

9:50:399:50:44

absolutely right but they are really

not relevant to this debate.

9:50:449:50:48

Transitional arrangements, we

haven't got the slightest clue what

9:50:489:50:51

transitional arrangements are going

to be, and we are going to have to

9:50:519:50:54

have a completely separate piece of

legislation taking, I suspect, a

9:50:549:50:58

long time to go through this house

in order to sort this out.

9:50:589:51:03

Ultimately, if we have a long-term

agreement, there is going to be an

9:51:039:51:06

interesting issue as to whether we

are going to be instructing our

9:51:069:51:08

courts to mirror EU law, so as to

maintain comity with the Court of

9:51:089:51:15

Justice of the EU, or to risk

constantly having to readjust our

9:51:159:51:20

own legal frameworks for the sake of

that deep and special relationship.

9:51:209:51:25

I don't want to disappoint too much

some of my right honourable and

9:51:259:51:28

honourable friends, but the harsh

reality is that our geographical

9:51:289:51:34

location and our desire to have a

close trading relationship with the

9:51:349:51:39

European Union is inevitably going

to mean that decisions of the Court

9:51:399:51:44

of Justice of the European Union are

going to continue to have a major

9:51:449:51:48

influence over our law here.

Something which I'm afraid was

9:51:489:51:52

rather disregarded when we went

through all this process of having

9:51:529:51:56

the referendum last year. I think

it's called globalisation. And we

9:51:569:52:04

will have to retain to this as we go

along.

Thank you, Mr Deputy Speaker.

9:52:049:52:15

We have listened carefully to all

the honourable members and the

9:52:159:52:18

various contributions that have been

raised along with the amendments

9:52:189:52:22

that have been tabled during the

course of this group this evening.

9:52:229:52:26

They are issues we will take away

for further consideration, and I

9:52:269:52:29

refer particularly to the member for

Basingstoke on the equality act. My

9:52:299:52:33

honourable friend for Chesham, I

think, what is the issue in a

9:52:339:52:38

powerful and constructive way. The

honourable member for West Dorset

9:52:389:52:41

raised a number of points. I think

we can address those, but I will

9:52:419:52:48

take them away and we will work

further to mention that would make

9:52:489:52:51

sure there is the Croce required. I

think it is with reclaiming that

9:52:519:52:56

caused six encapsulates the two key

strategic objectives of this bill,

9:52:569:53:02

to take back democratic control over

our laws and to do so in a way that

9:53:029:53:05

delivers a smooth Brexit with legal

certainty. We cannot accept... He

9:53:059:53:11

has had his opportunity. The time is

running very close and I want to

9:53:119:53:16

give the honourable member the

chance to wind up at the end. We

9:53:169:53:19

cannot accept amendments that create

more rather than less legal

9:53:199:53:23

certainty, so I urge all honourable

members to cost clause six

9:53:239:53:30

stand-alone unamended this evening.

-- to pass.

9:53:309:53:36

Thank you for a debate which I think

has covered a wide range of issues

9:53:369:53:40

related to transition on the

application of EU law. It has also

9:53:409:53:43

revealed a number of very

interesting facets of government

9:53:439:53:46

policy. I thought it was

particularly stark that the Minister

9:53:469:53:52

who just spoke and wouldn't give way

to my honourable friend, just

9:53:529:53:57

couldn't let the words go passed his

lips, that the European Court of

9:53:579:54:03

Justice would apply during a

transition period. That every

9:54:039:54:06

paraphrase the Prime Minister

herself, for it is chic, but into

9:54:069:54:10

the Florence speech. The Florence

speech, I thought, was government

9:54:109:54:16

policy. But it turns out apparently

not. Not today.

Retreat.

It turns

9:54:169:54:25

out the honourable member who I

call... Maybe I will run, I will

9:54:259:54:29

give way.

I will repeat in terms

exactly what I said earlier. We want

9:54:299:54:33

to know the agreement on the

limitation period. As the Prime

9:54:339:54:37

Minister has already said in a

foreign speech, that may mean we

9:54:379:54:39

start off with the European Court

still governing some rules we are

9:54:399:54:43

part of for that period. The

government is also clear if we can

9:54:439:54:46

bring forward a new dispute solution

mechanism at some stage earlier we

9:54:469:54:51

will do so. He should have listened

to what I said earlier.

The number

9:54:519:54:56

of caveats and weasel words within

that particular obfuscate Terry

9:54:569:55:07

explanation were not as clear as the

Prime Minister made at that time.

9:55:079:55:10

That was fascinating. I think we

will definitely, he will get a phone

9:55:109:55:16

call from Number Ten I suspect in

the morning. New clause 14, and I

9:55:169:55:22

would like to test the will of the

house on this, is still relevant and

9:55:229:55:26

we need to get clarity from the

government a month after Royal

9:55:269:55:30

assent on how exactly transition

would apply. Although they say there

9:55:309:55:35

will be an act of Parliament, we

don't know if that will be completed

9:55:359:55:40

and enacted before exit day. We may

find ourselves with a vacuum and we

9:55:409:55:44

need more clarity from ministers. I

think he has proven a point, made

9:55:449:55:48

the case amply. That's why I want to

press clause 14 to a vote.

The

9:55:489:55:55

question is new clause 14 be read a

second time As many as are of the

9:55:559:55:58

opinion, say "aye". To the contrary,

"no". Division, clear the lobbies.

9:55:589:56:10

Order, the question is that new

clause 14 be read a second time. As

9:57:209:57:22

many as are of the opinion, say

"aye". To the contrary, "no".

9:57:229:57:28

Tellers for the ayes and the noes.

9:57:289:57:35

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