Brexit Committee

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:00:00. > :00:15.Importantly, in the context of Article 27 what happens rarely

:00:16. > :00:21.perfect across. I was talking to the secretary, very good friend of mine

:00:22. > :00:25.20 months ago, talking about the issue of the citizens right and I

:00:26. > :00:29.spend what we wanted to do he explained that you should come to

:00:30. > :00:32.Austria and say that there is no body knows this in Austria. The

:00:33. > :00:41.bigger problem is getting the argument across. The week after the

:00:42. > :00:49.Monday after the Prime Minister announced the citizens rights

:00:50. > :00:54.policy, every single embassy, 26/27, not Ireland because it is a

:00:55. > :00:59.different policy, the 26th of the 27 published in a main newspaper in

:01:00. > :01:04.every capital what the policy was, extensive pieces on it and every

:01:05. > :01:08.ambassador was sent out to do into these obviously. To be honest the

:01:09. > :01:13.real issue getting the message across is at that level. We had to

:01:14. > :01:19.have the people understand, the people of Slovenia, the people of

:01:20. > :01:25.Hungary, the people of France the people of the north-east. The people

:01:26. > :01:30.of Wales. I'm carrying out negotiation on people pulling a half

:01:31. > :01:35.from the north-east but not with them. The truth here is that what we

:01:36. > :01:40.are trying to get is that point, successfully, looking not

:01:41. > :01:44.immediately because there is a stand-off in the initial response, a

:01:45. > :01:47.few days afterwards a view of those countries, most of those countries

:01:48. > :01:51.had a positive response and that is what I have to worry about, the

:01:52. > :01:59.clarity of what we have in the officer, we have a good offer. The

:02:00. > :02:01.discussion that we have heard within government around a transition

:02:02. > :02:07.agreement or implementation period, whatever you would like to call it

:02:08. > :02:12.has varied enormously. Between chancel talking about no cliff edge

:02:13. > :02:15.and therefore really raising the question of the single market and

:02:16. > :02:22.the customs union membership continuing, whereas others say

:02:23. > :02:27.others things, what you think we stand. We will find that if we leave

:02:28. > :02:31.aside the briefings which I cannot speak for we will look at in the

:02:32. > :02:36.public statements, it is very hard to put a cigarette paper between the

:02:37. > :02:39.Jazz on myself, on translation or in fermentation of the agreement. We

:02:40. > :02:45.discussed it at length come virtually weekly, since Christmas of

:02:46. > :02:52.last year. Similarly you will find on other issues, in terms of

:02:53. > :02:56.migration policy. We have said we have both said time and again,

:02:57. > :03:01.bringing back control of migration policy isn't the same slamming the

:03:02. > :03:05.door to the UK. We want to attract talent into British industry, and we

:03:06. > :03:15.don't want to see labour shortages in the UK economy, or part of it, in

:03:16. > :03:20.Northern Ireland for example. We must look past the briefing and what

:03:21. > :03:25.the official statements are. That is what the real policy is, not what

:03:26. > :03:31.you see some unnamed, unspecified beating from unknown people. We must

:03:32. > :03:35.move on. Baroness Brown. The government has very much made it

:03:36. > :03:39.clear from the beginning that home affairs and justice matters are

:03:40. > :03:45.matters that are of a high priority for agreement, and since the

:03:46. > :03:47.election has their been some movement in the approach to the

:03:48. > :03:53.European Court of Justice because for example the European arrest

:03:54. > :03:57.warrant is very hard to see how that could be maintained at the level it

:03:58. > :04:03.is now without the European Court being involved. Is that an area

:04:04. > :04:10.where you feel that there needs to be a bit more give and take, or a

:04:11. > :04:14.softer line up? You are right, justice is very important. This by

:04:15. > :04:22.Minister takes it very important, as do all, I would imagine. Let's take

:04:23. > :04:30.the European arrest warrant, a good example. Our view on appropriate

:04:31. > :04:35.jurisdiction is territorial. So, if we issue a European arrest warrant,

:04:36. > :04:39.if we had some analog after 2019 which I think we will have, or maybe

:04:40. > :04:47.after 2021 if that is when the transition runs out or whenever, if

:04:48. > :04:50.we have some analogue after the conclusion of negotiations and

:04:51. > :04:55.departure, then you would expect that within the European Union that

:04:56. > :05:00.to be subject to the appeal all the way up through the normal national

:05:01. > :05:07.courts, and from then to the ECJ inside the ECJ. If a Polish police

:05:08. > :05:12.force subjects a request for a British citizen in Britain, or

:05:13. > :05:16.someone can anyone in Britain are there that would go up to the

:05:17. > :05:19.British Supreme Court. There, we have similar arrangements with the

:05:20. > :05:24.United States, with extradition arrangements, which operate under

:05:25. > :05:28.each court system. You don't need to have extraterritorial reach for a

:05:29. > :05:34.court for it to work. You can have the same thing in data, let's

:05:35. > :05:41.imagine we have data applications. Then the mole asking a foreign state

:05:42. > :05:46.and an other states to you in pigeon batterer in -- asking a foreign

:05:47. > :05:50.state to impinge on the rise of being the jewel, then we have the

:05:51. > :05:55.courts to determine. We have taken evidence from lawyers that said if a

:05:56. > :06:01.European Court is not the final arbiter, nonetheless lawyers going

:06:02. > :06:05.into the UK courts would still wish to draw on the results of case law

:06:06. > :06:09.as coming out of the European law courts, and I wonder what your

:06:10. > :06:12.thoughts are. You like it is entirely up to the court. To the

:06:13. > :06:20.extent to which it take that on board. Now, it will be entirely up

:06:21. > :06:27.to the court, case-by-case. I should raise it, it's embarrassing, but I

:06:28. > :06:32.have been in court with such an issue related to government before,

:06:33. > :06:36.in which another court Bosman judgment, a Swiss court that time,

:06:37. > :06:41.was taken into account, no relationship, but just at that court

:06:42. > :06:44.had dealt with similar cases in this way, and I would expect British

:06:45. > :06:49.courts to look at European case law but not to be bound by it. It is not

:06:50. > :06:54.being bound by it is the issue, you're not bound by the decision of

:06:55. > :07:07.another court. Lady four can I wanted to ask a question. -- Lady

:07:08. > :07:12.Faulkner. You referred to Lord Boswell on that previous September

:07:13. > :07:16.discussion that was had relating to the intelligence and security, I

:07:17. > :07:23.recall, I maybe wrong, but let me put it on the table now in case we

:07:24. > :07:24.didn't mention at the but we also discussed parliamentary scrutiny

:07:25. > :07:30.committee weighed at trade talks happen in terms of interim as the

:07:31. > :07:34.trade talks commence, and continue, where you would go in without being

:07:35. > :07:37.a privy Counsellor, parliamentarians are allowed to go into the room,

:07:38. > :07:49.look at documents, see what is going on. That was the example. What I

:07:50. > :07:52.think, and I'm sure Mr Starmer is going to be great in scrutinising

:07:53. > :07:56.you come in Privy Council terms, but this committee has an important role

:07:57. > :08:00.in the scrutiny process, and I think what people want to get from Europe

:08:01. > :08:03.at the time was to have at least those kinds of arrangements, for the

:08:04. > :08:08.comments to speak for itself, but let me say to me to this committee I

:08:09. > :08:12.said 40 hours over this weekend getting to Estonia and back to speak

:08:13. > :08:16.for three and a half minutes, but in order for the United Kingdom to bree

:08:17. > :08:20.represented, because their committee and the body gets so the House of

:08:21. > :08:27.Lords is rather more with it in that regard. But can I also dart I would

:08:28. > :08:31.never disagree. I wonder whether you would be the right to a specifically

:08:32. > :08:36.on this was I had to say that when we did these arrangements, I think

:08:37. > :08:41.basically it was a private role in one of the departments where people

:08:42. > :08:47.could go and hear no phone rains and all of that, at the moment, frankly,

:08:48. > :08:52.I don't think that there is anything in this arrangement which is going

:08:53. > :09:00.to be private for that long. I think it is more a question of timing. So

:09:01. > :09:05.far, every publication that we have will hit the public domain at some

:09:06. > :09:09.point, so for example next week as I say if we put in some submissions to

:09:10. > :09:17.them, we will publish it. The day we put them in. Now, that may change

:09:18. > :09:21.when we get to the later done table mat yes, and at that point I would

:09:22. > :09:28.certainly look at that, absolutely, but at this stage there seems to be

:09:29. > :09:32.no useful point. Later on I suggest I will think and maybe write to you

:09:33. > :09:39.about it, but the levy forgets, nag me about it, but later on it may be

:09:40. > :09:48.different. -- don't let me forget. We find in the interim, if we do

:09:49. > :09:56.need to seize some documents I hope will keep the position. As you know,

:09:57. > :09:58.my committee, the financial affairs committee can interact with the

:09:59. > :10:02.financial services sector extensively. They are taking

:10:03. > :10:07.decisions by the end of this year, so waiting for a decision later on

:10:08. > :10:11.in negotiations as to whether there will be a transitional arrangement

:10:12. > :10:16.or not may very well, they may have made their minds up and gone if they

:10:17. > :10:21.need to go, in order to maintain passport and rights to work. Would

:10:22. > :10:26.you consider... Yellow actress deciding now. Indeed, some are, I

:10:27. > :10:32.hear that weekly. Would you consider besides whether it transitional

:10:33. > :10:35.implementation, this would you consider that allowing the EU 27

:10:36. > :10:38.that if you haven't made sufficient progress on the frame for a

:10:39. > :10:42.transitional dealer, how long it will last by the end of this year,

:10:43. > :10:47.and so on, perhaps contemplating that extension for one year? That is

:10:48. > :10:54.allowed under Article 50. For the negotiations to continue. The arrow

:10:55. > :10:57.only by unanimity. Yes, unanimity, but you keep talking about the will

:10:58. > :11:02.and bilateral talks with the Bwe are in negotiation. I had this

:11:03. > :11:07.conversation on Friday with the members of the national services,

:11:08. > :11:13.and the ideal outcome from their point of view, not just theirs,

:11:14. > :11:17.others do, but the ideal outcome from their broader view is that we

:11:18. > :11:24.get to the of decision with enough time left for them to carry out

:11:25. > :11:30.regulatory and physical changes that they need to. If we can we will, but

:11:31. > :11:36.we are in a negotiation, and any point of leverage, and there is

:11:37. > :11:39.goodwill, but it isn't infinite, any point of leverage, if we say, well

:11:40. > :11:45.we had to have this, that will become a point of leverage. So, we

:11:46. > :11:48.will seek to get that through. I said, we started off by explaining

:11:49. > :11:53.to our European colleagues that we thought it was to their advantage as

:11:54. > :11:58.well as ours in order to sort of them the incentive to do something

:11:59. > :12:03.about it. Some of them of course to see it is their advantage to wait

:12:04. > :12:10.because enough American banks in particular have said oh, we will

:12:11. > :12:14.wait until Paris, good luck to them. Of course, they encourage the other

:12:15. > :12:19.sides to hold back, say they want to do it. Yes, of course, we understand

:12:20. > :12:22.the value of transition. We have been through this in excruciating

:12:23. > :12:26.detail in terms of the effect of it done and we will do it as quickly as

:12:27. > :12:29.we can, but it is a negotiation and I cannot, and like any area of

:12:30. > :12:34.government yellow would say yes, I will do this or I will do that, I

:12:35. > :12:38.cannot, but I will say that we will make our best endeavour. There was a

:12:39. > :12:47.lot to be said for Paris by the way, but I think we need to move on. Are

:12:48. > :12:56.you biased, sir? LAUGHTER Now the important of devolution and

:12:57. > :12:59.the effect of Brexit. Thank you Chairman and thank you Secretary of

:13:00. > :13:01.State. The Welsh and Scottish Government in the sake of Mark

:13:02. > :13:08.Brayford and Michael Russell wrote to you on the 13th of June and it is

:13:09. > :13:13.a letter with an awful lot of issues contained within it and I know a lot

:13:14. > :13:19.of colleagues would like to quiz you a bit on it. Perhaps I can start the

:13:20. > :13:24.ball rolling with starting with general concerns in the letter, the

:13:25. > :13:26.general concern I suppose being what they viewed as a lack of

:13:27. > :13:32.consultation with the general lack of engagement on the part of your

:13:33. > :13:36.department with the devolved administrations, and the second

:13:37. > :13:42.general thing was really a call for reform on their part, how the JNC EU

:13:43. > :13:47.negotiations were going to work. I will if I could ask on that

:13:48. > :13:54.narrative issue for your comment? Firstly, in January this year, my

:13:55. > :13:58.department was created to July, one year ago, virtually, now, created,

:13:59. > :14:05.as in announced, took a bit of time to build it up. But in January of

:14:06. > :14:07.this year we have a JNC plenary to the ministerial committee, chaired

:14:08. > :14:14.by the Prime Minister, and then since then we have had for the few

:14:15. > :14:23.month running into the election we had three, I think, JM CEO Ed. --

:14:24. > :14:26.JNC meeting. I think the first one the Scottish Government presented

:14:27. > :14:32.its White Paper, presenting what they described as a compromised.

:14:33. > :14:35.This was a copper wires that current prius are -- requiring Scotland to

:14:36. > :14:38.have a completely separate manager to the single market. I think we

:14:39. > :14:45.could negotiate it tomorrow if it were wanted, but there are issues --

:14:46. > :14:48.interesting issues with the UK single market if it were such a

:14:49. > :14:53.thing. We need to divide issues where we did agree with them, and

:14:54. > :14:58.the next, or the second after that's JNC, we had a presentation of the

:14:59. > :15:14.Welsh proposal. Was in many ways much more

:15:15. > :15:20.practical. It was focus very clearly on employment in industry. We are

:15:21. > :15:29.possible, we looked to pick out of these documents issues which we

:15:30. > :15:37.could agree with, for example, the example of protection of employment

:15:38. > :15:43.law. I have said are not least for occasions and the Prime Minister on

:15:44. > :15:47.frequent occasions, there will be no reversal of that as a result of

:15:48. > :15:55.departure from the European Union. In the same period, the Scottish

:15:56. > :16:02.First Minister did everything possible to use that issue of Brexit

:16:03. > :16:17.as a motor for another independence referendum. I basically take issue

:16:18. > :16:24.with the thrust of Mike Russell. I think we have bent over backwards,

:16:25. > :16:33.not to the tool, there will be no veto, a working for the people of

:16:34. > :16:36.Scotland and Wales and in particular Northern Ireland, of which we have

:16:37. > :16:51.not been able to engage with for some time. Once again, when you took

:16:52. > :16:53.evidence in Cardiff and in Edinburgh, they were disturbing

:16:54. > :17:01.criticisms of things like getting agendas on time and I repeat to you

:17:02. > :17:09.that when you have battling parties, it is actually almost resetting that

:17:10. > :17:14.we in which we can bring people together or at again and I would ask

:17:15. > :17:23.you in a second if you would comment on that. To move on to a second

:17:24. > :17:35.point, that is a suggestion of developing common positions and

:17:36. > :17:39.devil part of that. I think devolution issues, if you take

:17:40. > :17:47.fishing for example, although it is a slightly different mechanism,

:17:48. > :17:52.telling everyone what has gone on after words, what would you comment

:17:53. > :17:59.on Internet as well as the common suggestion of that? As long as there

:18:00. > :18:10.is no contradiction between our aims. The serious fishing industries

:18:11. > :18:14.around the United Kingdom, some want to be able to fish and other waters,

:18:15. > :18:20.others just want restrictions on others coming into our water. There

:18:21. > :18:27.has to be a compromise between that. In ongoing negotiations in Europe

:18:28. > :18:36.with ongoing issues such as fishing, there is considerable consultation

:18:37. > :18:43.and has been over many years and I would expect that consultation to go

:18:44. > :18:45.on. When it goes to the ongoing relationship, we will have extensive

:18:46. > :19:05.discussions with them. Thank you. I must mention a interest has been

:19:06. > :19:14.in the Scottish parliament for the first eight years as an elected

:19:15. > :19:17.member. How do you think of the Scottish and Welsh common request

:19:18. > :19:26.that they should be more closely involved with negotiations? I will

:19:27. > :19:32.be as diplomatic as I can be. The truth is, we will take into account

:19:33. > :19:38.what they will have to see and worry also about the interests of the

:19:39. > :19:47.Scottish people and the Welsh people. We will talk also to

:19:48. > :19:56.industry and others in Scotland and Wales. When the Prime Minister came

:19:57. > :20:00.into office last year, the first place she went was Scotland.

:20:01. > :20:12.Northern Ireland was the first place I went. In the Republic of Ireland,

:20:13. > :20:15.all with the aim of protecting the interests of the component nations

:20:16. > :20:23.of the United Kingdom Honours level playing field as you could have, to

:20:24. > :20:28.make sure we do not accidentally art and industry in a particular area.

:20:29. > :20:37.It is more than just talking to them. He recently confirmed that the

:20:38. > :20:45.repeal bill subject to legislation subject to the void -- devolved --

:20:46. > :20:49.devolved legislators, what do you think would happen with that? I do

:20:50. > :20:54.not want to go down hypothetical routes. I would think we would get

:20:55. > :21:01.onto that early next year. Between knowing them, it is important to

:21:02. > :21:08.see, to bring the committee up to speed, the repeal bill will be

:21:09. > :21:17.published and there will be elements of it which are aimed at allowing

:21:18. > :21:21.the decommissioning of what powers remain within the devolved

:21:22. > :21:25.administration, which is in effect all the powers they currently have.

:21:26. > :21:31.What powers will be further devolved to them once we are out of Europe

:21:32. > :21:39.and what we need to have to have a United Kingdom level of decision. We

:21:40. > :21:50.need that school preservation of the United Kingdom single Market or

:21:51. > :21:54.comprising single international treaty agreements and that will

:21:55. > :22:08.happen over the course of the next six to nine months. Do you think the

:22:09. > :22:21.government is being sufficiently proactive in thinking up solutions

:22:22. > :22:26.with regard to Ireland? Let me divide the problems into two groups.

:22:27. > :22:35.Those relate to Northern Ireland and those that relate to the Republic.

:22:36. > :22:42.In Northern Ireland, the first one is the preservation of the peace

:22:43. > :22:53.process and the preservation of the Belfast agreement. One of the

:22:54. > :22:58.primary elements for the preservation of the visible border

:22:59. > :23:07.and whilst at the same time been able to maintain an external border

:23:08. > :23:12.of the European Union. A lot will be according to how we can operate a

:23:13. > :23:16.customs system and that could involve a variety of things, such as

:23:17. > :23:23.whether we use in trusted trader schemes, to allow people to go

:23:24. > :23:30.across the border without being stopped, of whether we can use

:23:31. > :23:38.pre-tagged containers, that sort of thing. That is one area where

:23:39. > :23:45.talking has started. That will slightly be changed by the new

:23:46. > :23:49.government elected in Ireland. I talked to the new secretary of state

:23:50. > :23:55.they are the other day and these discussions will continue. But these

:23:56. > :24:00.are ongoing relationships. We are nowhere near any solution. But also

:24:01. > :24:09.what happens to Ireland, the Republic of Ireland, exports? A lot

:24:10. > :24:12.of them come to us but also go through the rest of the United

:24:13. > :24:22.Kingdom to the continent. How do we maintain that? We are giving thought

:24:23. > :24:27.to that as well. We are not nearer resolution on this because we have

:24:28. > :24:32.had no Northern Ireland executive to help deal with it. There has also

:24:33. > :24:39.been a change of government in the South. We will not actually have the

:24:40. > :24:48.solution to the Ireland issues probably until near the end of the

:24:49. > :24:52.Brexit negotiations. If we have a comprehensive free trade agreement,

:24:53. > :25:02.we could get away with later customs agreements than we otherwise would.

:25:03. > :25:09.It came a piece of legislation would be the rules of origin. We are

:25:10. > :25:19.making this speed, all I can see. It is not as fast as perhaps I would

:25:20. > :25:28.like. As far as the government agreement with the DUP what steps

:25:29. > :25:37.are you taking to make sure the voice of the nationalist community

:25:38. > :25:50.is being here? I tried to talk to both sides. The confidences apply

:25:51. > :25:57.but does not really impinge on our policy because both sides of the

:25:58. > :26:02.argument, of the executive in Northern Ireland, want to see that

:26:03. > :26:10.open border maintained, so I do not think there is any controversy

:26:11. > :26:16.there. I do not want to leap around in groups, because it is a very

:26:17. > :26:21.sensitive area probably try and sort out the Northern Ireland executive,

:26:22. > :26:25.we get through that, I will try and make arrangements to speak to both

:26:26. > :26:31.the major components of the executive. Could you give is another

:26:32. > :26:41.ten minutes to finish off the questions? The question on

:26:42. > :26:47.citizenship are important. Citizens rights. I notice something of key

:26:48. > :26:53.interest to yourself and to millions of people in this country and in the

:26:54. > :26:59.European Union who are currently held in suspense were awaiting the

:27:00. > :27:06.answers. The Justice committee recommended that unilateral

:27:07. > :27:10.recommendation of confirming European Union citizens rates within

:27:11. > :27:18.this country on the basis that its primary responsibility was for

:27:19. > :27:25.British citizens within the European Union. Many felt that was not

:27:26. > :27:29.helpful. There are reports today of how things are softening in the

:27:30. > :27:33.restriction and duration of it, perhaps you could enlighten as

:27:34. > :27:39.Mortimer. I guess my question is simply this, can you tell us where

:27:40. > :27:45.we are with it, what things remain and what is the timetable for

:27:46. > :27:50.getting the? How long will the suspense B is the question many

:27:51. > :27:55.people love? We made a sustained effort to get that message across to

:27:56. > :28:07.the people of the countries involved. For two reasons, one to

:28:08. > :28:14.influence the government, but also because it impacted on people here.

:28:15. > :28:27.In terms of the areas of difference, the first area we do not see the

:28:28. > :28:33.European courts to be involved. It would be unique for them to be

:28:34. > :28:37.involved in extraterritorial jurisdiction rather than on this

:28:38. > :28:43.rather limited operations in Ukraine. We do not see any need and

:28:44. > :28:47.many other member states do not see a need for it, but what they do want

:28:48. > :28:53.is some guarantee that it is going to be sustained, that the rates

:28:54. > :29:04.within the European Union will be sustained. We understand that and it

:29:05. > :29:14.will be an act of Parliament. That will be enforced by the British

:29:15. > :29:19.courts. But it will also be backed up by the treaty, so it will be

:29:20. > :29:29.subject to international and European law in maintaining the

:29:30. > :29:34.rates, so that is where we are. He vast proportion of the people did

:29:35. > :29:42.not see a problem with the European Court issue. We want to give them

:29:43. > :29:43.confidence that we will get past that hurdle. That is the

:29:44. > :29:53.expectation. I could see our citizens are at the

:29:54. > :29:58.behest of the Europeans on this bit and do not believe they will reverse

:29:59. > :30:02.its either and I do believe the need to give everyone confidence. In

:30:03. > :30:09.terms of the actual rights, we addressed that, there is a lot of

:30:10. > :30:14.real if dues and a lot of mythology. When you hear about people being

:30:15. > :30:17.deported which turned out to be security issue, so we try to deal

:30:18. > :30:25.with the worries and one of them was the issue of people thinking somehow

:30:26. > :30:29.we would treat European citizens in the UK are second-class citizens in

:30:30. > :30:35.some way. What we are trying to do is make this as close to British

:30:36. > :30:41.citizenship without the general election vote in every other

:30:42. > :30:44.respect, in terms of employment rights, economic rights, welfare

:30:45. > :30:51.rights, health rights, education rights. Pension rights, all of these

:30:52. > :30:57.will be the same. That is what we set out to do but there is one

:30:58. > :31:01.differential which is the question of the ability to bring the family

:31:02. > :31:06.members from another country, that is the difference. At the moment we

:31:07. > :31:11.do not have that right for British citizens as we agonised over this

:31:12. > :31:18.and thought it would not be right to give 3 million people write British

:31:19. > :31:23.citizens have not got. And they would not in Australia America or

:31:24. > :31:30.somewhere. That is one of the areas of tension. The other one which we

:31:31. > :31:36.have left open is exactly when the date falls. What we tried to do is

:31:37. > :31:44.to say whatever it is it will not be before the accession date, the

:31:45. > :31:48.Article 50 date. Because that gave people nine months or so after the

:31:49. > :31:56.referendum results will be with known it was coming. We did not want

:31:57. > :32:01.to say to anybody that had come here in good faith expecting their rights

:32:02. > :32:08.to be preserved to lose the fundamental main rights. Where it

:32:09. > :32:12.ends up, it will not be any earlier than that not later than the

:32:13. > :32:16.departure date but where it ends up is up for discussion. We do not want

:32:17. > :32:22.to give a date so far in the future that will attract people to come

:32:23. > :32:26.here for welfare tourism. We try to be as fair as possible, we tried to

:32:27. > :32:33.do it in such a way that does not lead to other misunderstandings, it

:32:34. > :32:44.has, even so. We are trying to avoid that. We will be discussing that

:32:45. > :32:49.next week. I shared this committee that created

:32:50. > :32:55.the report on acquired rates of EU citizens. I worked on it. It sounds

:32:56. > :33:00.to me as though this issue of the red line is one you to order the

:33:01. > :33:04.European Court of Justice, that it is a red line for the Government and

:33:05. > :33:07.you hold that view, even if others in your own Cabinet take a different

:33:08. > :33:10.view. It seems unnecessary to be any

:33:11. > :33:15.different. I wanted to point out areas it may

:33:16. > :33:20.make a difference. There are people who may be listening who are living

:33:21. > :33:24.in Spain or somewhere you might to hear with issues arise which they

:33:25. > :33:29.take through to Spanish courts to do with their rights, you make it clear

:33:30. > :33:34.to them the Spanish courts or the Polish courts are the only recourse

:33:35. > :33:39.and they will not be an overarching court which deals with supranational

:33:40. > :33:46.issues such as the right they feel they have acquired.

:33:47. > :33:49.That decision is for Spain and the European Union itself. We think our

:33:50. > :33:53.Supreme Court is probably good for that purpose.

:33:54. > :33:57.You're seeing our Supreme Court is fine for Europeans living here but

:33:58. > :34:05.you are basically saying to British people abroad, and in the same way

:34:06. > :34:10.the court of Spain or OK to deal with you and Italy and Poland, that

:34:11. > :34:16.is the message coming today. If I lived in the country I accept

:34:17. > :34:23.the rule of law in that country. One of the things you said an

:34:24. > :34:26.answering was if on the issue of the Euro warrant, it was basically

:34:27. > :34:32.territorial and should not be European Court of Justice take a

:34:33. > :34:37.different view, and you said there is nothing wrong with people

:34:38. > :34:42.invoking law from other jurisdictions. Our courts... They do

:34:43. > :34:46.that anyway. That is not right. We do it with regard to common law

:34:47. > :34:54.matters from other courts, in relation to European matters when we

:34:55. > :35:01.were in the year but not -- we do not for people in Britain of

:35:02. > :35:10.Tanzania or the law of China -- invoke the law.

:35:11. > :35:15.You will find it very rare our courts will do anything, but the

:35:16. > :35:19.question being raised, the point of European dipping chords as there is

:35:20. > :35:24.an anxiety that if we are going to be travelling, parallel lines and

:35:25. > :35:27.trading with Europe and do things in the reciprocal basis we should be

:35:28. > :35:33.travelling in the same direction on these issues to do with law, our law

:35:34. > :35:42.should work in hand sweat developed in parallel lines. You agree or not?

:35:43. > :35:46.I think to a large extent most of western law developed in parallel

:35:47. > :35:53.lines but not the same lines. The point of the referendum was it was a

:35:54. > :35:56.decision of control, of control of laws, control the borders, control

:35:57. > :36:11.of money, those were the three big issues that dominated. That is what

:36:12. > :36:15.I have to deliver. Not giving control to another legislative and

:36:16. > :36:19.another judicial authority. I want to press you on this because

:36:20. > :36:27.we have been the evidence on a number of matters to do with law and

:36:28. > :36:33.one of the great things are across Europe which have enhanced our

:36:34. > :36:36.world, and you do is to world civilisation, one of the great

:36:37. > :36:42.civilising forces has been we actually have a reciprocal

:36:43. > :36:47.fundamental principle and how we deal with matters of law and it has

:36:48. > :36:51.been developed in a very impressive way which is envied by other parts

:36:52. > :36:55.of the world. One of the things that happens is if a British person is

:36:56. > :37:01.married to an Italian and they divorced and have children and the

:37:02. > :37:06.British person is one thing, the mother of the children who wants her

:37:07. > :37:12.tell your husband to pay for the maintenance of the children and he

:37:13. > :37:19.is reluctant to do so, she can get an order in the courts here and the

:37:20. > :37:24.order will be enforced in Italy. Because of this reciprocal

:37:25. > :37:29.arrangements we have around enforcement. You cannot get back to

:37:30. > :37:35.work in China or other places and it is because of the arrangements

:37:36. > :37:40.developed over 40 years. In the new arrangements and negotiations has,

:37:41. > :37:44.well you have that sort of thing in mind?

:37:45. > :37:49.That is not quite the same. It is all to do the same sort of thing.

:37:50. > :37:55.For a lawyer you are being very vague.

:37:56. > :37:59.If you want to do things across borders and have trading

:38:00. > :38:03.arrangements across borders, manages across borders and you want to have

:38:04. > :38:06.law operating across those borders you end up having to have

:38:07. > :38:10.overarching supranational courts and that is the bit of that that was

:38:11. > :38:15.never discussed in the referendum and the piece that is missing in

:38:16. > :38:20.much of what is being discussed now. If the ordinary people of Britain

:38:21. > :38:24.realised some of this and enforcement of orders will not be

:38:25. > :38:29.taking place they might actually be thinking if only I had no one that I

:38:30. > :38:35.might have reached a very different decision in how I voted. I do not

:38:36. > :38:40.accept your premise. The simple truth is the effective system of

:38:41. > :38:45.judicial cooperation is perfectly achievable.

:38:46. > :38:49.So what will you do with trading arrangements were you happy trading

:38:50. > :38:53.arrangement with someone in Germany and that German company goes bust

:38:54. > :38:57.and you want to get your compensation? We have arrangements

:38:58. > :39:02.to make that possible currently and it is through the overarching

:39:03. > :39:09.principles and overarching court. What would you do if the same thing

:39:10. > :39:12.happened in New Zealand or America? Sometimes, as your colleague says,

:39:13. > :39:19.you are told to go whistle. That is what happens. This is our Foreign

:39:20. > :39:28.Secretary. I'm afraid you are making enormous

:39:29. > :39:32.generalisations. I work in international trade and on many

:39:33. > :39:37.occasion had to enforce judgments across other judicial areas and it

:39:38. > :39:43.is perfectly possible all the time. It is all other than the EU is. I

:39:44. > :39:47.suggest the enforcement arrangements across Europe have in fact, with

:39:48. > :39:52.great success and lawyers in Britain are very anxious about what will

:39:53. > :39:55.happen with those enforcement procedures.

:39:56. > :40:02.We can do this without subjecting ourselves to foreign courts.

:40:03. > :40:09.Can I pick up on the point that began this Salah said of questions

:40:10. > :40:14.about the disappointment with the proposal on the rights of EU

:40:15. > :40:17.citizens and ask two questions, the first one is the one about what

:40:18. > :40:24.impact do you think this will have on staffing in the NHS, that is one

:40:25. > :40:28.of the very silly questions. The second, and this may be a topic we

:40:29. > :40:33.may be looking at, is do you consider it will be easy to sort out

:40:34. > :40:39.reciprocal health arrangements for citizens in the EU and vice versa?

:40:40. > :40:46.And adding to that, you may be aware we have been contacted by a number

:40:47. > :40:58.of UK citizens living in Europe who said why are you willing to meet?

:40:59. > :41:01.Do I think it will be easy? I will never see anything is easy in this

:41:02. > :41:08.exercise but before I come back to the question on the NHS, we said in

:41:09. > :41:12.our paper on citizens' rights we will seek to maintain reciprocal

:41:13. > :41:20.health treatment and to try to either maintain or creates an

:41:21. > :41:28.arrangement. That is quite explicit. On staffing, the difficulty here is

:41:29. > :41:36.there are a whole series of issues that will affect whether people come

:41:37. > :41:39.to work in the UK. Bluntly, after the referendum there were some

:41:40. > :41:44.pretty unpleasant behaviour by some British citizens, I am ashamed to

:41:45. > :41:53.say. Which the Government was very fierce about, and so it should be.

:41:54. > :41:59.The pound has an effect, the value of the pound, right through to, with

:42:00. > :42:02.nurses, there has been a new and rigorous language standard put in

:42:03. > :42:11.place which may have been too rigorous, though that is not for me

:42:12. > :42:17.to say. These have all had effects. The aim is to bring back control of

:42:18. > :42:22.migration to the UK, not to slam the door shut. This country has had very

:42:23. > :42:29.large numbers of European and other countries' migrants come here, they

:42:30. > :42:35.do a very good job and an enormous value to society and in particular

:42:36. > :42:40.to the NHS but also social care homes and other industries which we

:42:41. > :42:52.rely on them and they should not see what I do in at stopping that, it is

:42:53. > :42:59.simply aimed at managing it. May I ask you, Minister, how many

:43:00. > :43:04.women are on the negotiating team? The photo in the Times what a

:43:05. > :43:12.disgrace. I can't remember. Are there any?

:43:13. > :43:19.Thank you very much indeed. You spent rather more claim that I think

:43:20. > :43:23.you had hoped. It is a sign of the interest the committee takes in the

:43:24. > :43:26.subject and we greatly look forward to our next hearing and discussion

:43:27. > :43:55.with you. Thank you very much indeed.

:43:56. > :44:01.With the Minister agree, like me, I have been very wary during the

:44:02. > :44:06.Brexit process to committing the Government to something that may

:44:07. > :44:12.adversely impact the industry? Essay that on a very positive day for my

:44:13. > :44:16.constituents. There is no wish to do that either side of the house. There

:44:17. > :44:26.is a general agreement on both sides of the house this must be a measure

:44:27. > :44:27.which acts both in the interests of consumers but also in