text:
Commons: 8 February 2017
Commons Chamber
European Union (Notification of Withdrawal) Bill
Volume 621: debated on Wednesday 8 February 2017
Back to top Previous debate Next debate
[2nd Allocated Day]
Further considered in Committee (Progress reported, 7 February)
[Eleanor Laing in the Chair]
12.53pm
(North West Hampshire) (Con)
Share this specific contribution
Share a link to this specific contribution:
Share contribution 5 on Twitter
Share contribution 5 on Facebook
Share contribution 5 via Email
Copy link to contribution 5 to clipboard Copy link
On a point of order, Mrs Laing. I spent a lot of time last night studying the large number of amendments that have been tabled for today, and I have to confess that I am concerned as to the admissibility of a large number of them. It is my understanding that amendments are not admissible—out of order—if they are vague or unintelligible without further amendment. As an example, I would like to bring to your attention some of the terms in new clause 2, the lead new clause in the debate. It appears to be very vague, implying that
"the Prime Minister shall give an undertaking to have regard to the public interest"
in a list of various—
The First Deputy Chairman of Ways and Means
(Mrs Eleanor Laing)
Order. I understand the point that the hon. Gentleman is making, but the matter that he is raising is a matter for debate. Some of the new clauses and amendments that were tabled were considered to be in order and have therefore been selected for debate. Some were not in order, and were therefore ineligible for selection for debate. That is not a matter of opinion; it is a matter of fact. I can assure the hon. Gentleman, although I have no obligation so to do, that the matter has been very carefully considered. New clause 2 is perfectly in order. He might well disagree with the points raised in it—indeed, I would expect him to—and I would expect him to make his disagreement known to the House in due course. For the moment, however, I can assure him and the House that new clause 2 is perfectly in order and that it will be debated.
The First Deputy Chairman
Further to that point of order? I am sure that the hon. Gentleman would not wish to question the judgment of the Chair.
I am just asking for an explanation—
Share contribution 10 on Twitter
Share contribution 10 on Facebook
Share contribution 10 via Email
Copy link to contribution 10 to clipboard Copy link
No; the hon. Gentleman will resume his seat, please. [Interruption.] I thank hon. Members, but I am perfectly capable of dealing with this matter. It is not in order for the hon. Gentleman to ask for an explanation. That would be to question the judgment of the Chair, which is—I should carefully say—a matter up with which I will not put. We will debate new clause 2, which will be moved by Mr Paul Blomfield.
New Clause 2
Conduct of negotiations
"Before giving any notification under Article 50(2) of the Treaty on European Union, the Prime Minister shall give an undertaking to have regard to the public interest during negotiations in—
(a) maintaining a stable and sustainable economy,
(b) preserving peace in Northern Ireland,
(c) having trading arrangements with the European Union for goods and services that are free of tariff and non-tariff barriers and further regulatory burdens,
(d) co-operation with the European Union in education, research and science, environment protection, and preventing and detecting serious and organised crime and terrorist activity,
(e) maintaining all existing social, economic, consumer and workers' rights."—(Paul Blomfield.)
This new clause sets out statutory objectives that the Government must have regard to whilst carrying out negotiations under article 50.
Brought up, and read the First time.
(Sheffield Central) (Lab)
I beg to move, That the clause be read a Second time.
With this it will be convenient to discuss the following:
New clause 7—Conduct of negotiations—anti-tax haven—
"(1) In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the public interest in maintaining all existing EU tax avoidance and evasion legislation.
(2) In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of Crown must comply with the European Union Code of Conduct on Business Taxation."
This new clause sets out the government's commitment to observe the Code of Conduct on business taxation to prevent excessive tax competition and lays out the statutory objectives that the Government must have regard to EU tax avoidance and evasion whilst carrying out negotiations under article 50.
New clause 11—Tariff-free trade in goods and services—
"In the event of the exercise of the power in Section 1, Her Majesty's Government shall seek a new Treaty between the United Kingdom and the European Union on tariff-free trade in goods and services."
This new clause would ensure that, in the event of the exercise of the power in Section 1, Her Majesty's Government shall seek a new Treaty between the United Kingdom and the European Union on tariff-free trade in goods and services rather than withdraw from the European Union with no alternative objective.
New clause 13—Transitional arrangements—
"Her Majesty's Government shall seek a transitional trading agreement between the United Kingdom and the European Union as part of the negotiations following notification under section 1."
This new clause would make it an objective for HM Government to secure a transitional approach towards new trading relationships with the EU Member States following the end of the Article 50 notification and negotiation period.
New clause 15—Visa-free travel—
"On the exercise of the power in section 1, Her Majesty's Government shall endeavour to maintain the visa policy in operation at the date of the coming into force of this Act in relation to citizens of member states of the European Union and the United Kingdom."
This new clause would seek to ensure that HM Government has the objective of maintaining the visa policy in operation at the date of the coming into force of this Act in relation to citizens of member states of the European Union and the United Kingdom.
New clause 21—Trading rights—financial services—
"On the exercise of the power in section 1, Her Majesty's Government shall make it an objective to secure the trading rights for UK-based financial services companies that exist by virtue of the UK's membership of the European Union as of the day on which this Act comes into force."
This new clause would seek to ensure that Her Majesty's Government endeavours to preserve the existing trading rights for UK-based financial services companies as currently exist.
New clause 55—Conduct of negotiations—
"Before giving any notification under Article 50(2) of the treaty on European Union, the Prime Minister must undertake to have regard to the public interest during negotiations in—
(a) maintaining and advancing manufacturing industry,
(b) securing the interests of all the regions in England,
(c) delivering existing climate change commitments,
(d) maintaining the common travel area with the Republic of Ireland."
This new clause sets out statutory objectives to which the Government must have regard whilst carrying out negotiations under Article 50.
New clause 70—Relationship with Europe—
"Before the Prime Minister can exercise the power in section 1, the Prime Minister must commit to negotiating a deal that allows free trade and cooperation between Wales and all European countries."
This new clause requires the Prime Minister to commit to implementing the Leave Campaign's pledge to negotiate deal that allows free trade and cooperation between Wales and all European countries before exercising the powers outlined in section 1.
New clause 76—Framework for transfer of data—
"In the event of exercise of the power in section 1, Her Majesty's Government shall promote a framework for the transfer of data between the UK and the EU to underpin continued trade in services."
This new clause would make it the policy of Her Majesty's Government to promote a framework for cross-border data flows to safeguard the UK services economy and its trade with European markets.
New clause 77—Trade in goods and services—
"In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of retaining full participation in the making of all rules affecting trade in goods and services in the European Union."
This new clause would require HM Government to negotiate to continue the UK's participation on agreeing all rules affecting trade in goods and services in the European Union.
New clause 78—Europol—
"In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Police Office (Europol) on the same basis as any other member state of the European Union."
This new clause would require Her Majesty's Government to negotiate to continue the UK's participation in the European Police Office (Europol).
New clause 79—European Chemicals Agency—
"In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Chemicals Agency (ECHA) on the same basis as any other member state of the European Union."
This new clause would require Her Majesty's Government to negotiate to continue the UK's participation in the European Chemicals Agency (ECHA).
New clause 80—European Centre for Disease Prevention and Control—
"In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Centre for Disease Prevention and Control (ECDC) on the same basis as any other member state of the European Union."
This new clause would require Her Majesty's Government to negotiate to continue the UK's participation in the European Centre for Disease Prevention and Control (ECDC).
New clause 81—Community Plant Variety Office—
"In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the Community Plant Variety Office (CPVO) on the same basis as any other member state of the European Union."
This new clause would require Her Majesty's Government to negotiate to continue the UK's participation in the Community Plant Variety Office (CPVO).
New clause 82—European Medicines Agency—
"In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Medicines Agency (EMEA) on the same basis as any other member state of the European Union."
This new clause would require Her Majesty's Government to negotiate to continue the UK's participation in the European Medicines Agency (EMEA).
New clause 83—European Agency for Health and Safety at Work—
"In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Agency for Health and Safety at Work (EU-OSHA) on the same basis as any other member state of the European Union."
This new clause would require Her Majesty's Government to negotiate to continue the UK's participation in the European Agency for Health and Safety at Work (EU-OSHA).
New clause 84—European Aviation Safety Agency—
"In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Aviation Safety Agency (EASA) on the same basis as any other member state of the European Union."
This new clause would require Her Majesty's Government to negotiate to continue the UK's participation in the European Aviation Safety Agency (EASA).
New clause 85—European Centre for the Development of Vocational Training—
"In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Centre for the Development of Vocational Training (Cedefop) on the same basis as any other member state of the European Union."
This new clause would require Her Majesty's Government to negotiate to continue the UK's participation in the European Centre for the Development of Vocational Training (Cedefop).
New clause 86—European Police College—
"In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Police College (Cepol) on the same basis as any other member state of the European Union."
This new clause would require Her Majesty's Government to negotiate to continue the UK's participation in the European Police College (Cepol).
New clause 87—European Environment Agency—
"In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Environment Agency (EEA) on the same basis as any other member state of the European Union."
This new clause would require Her Majesty's Government to negotiate to continue the UK's participation in the European Environment Agency (EEA).
New clause 88—European Food Safety Authority—
"In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Food Safety Authority (EFSA) on the same basis as any other member state of the European Union."
This new clause would require Her Majesty's Government to negotiate to continue the UK's participation in the European Food Safety Authority (EFSA).
New clause 89—European Investment Bank—
"In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Investment Bank (EIB) on the same basis as any other member state of the European Union."
This new clause would require Her Majesty's Government to negotiate to continue the UK's participation in the European Investment Bank (EIB).
New clause 90—Eurojust—
"In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in Eurojust on the same basis as any other member state of the European Union."
This new clause would require Her Majesty's Government to negotiate to continue the UK's participation in Eurojust.
New clause 91—European Maritime Safety Agency—
"In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Maritime Safety Agency (EMSA) on the same basis as any other member state of the European Union."
This new clause would require Her Majesty's Government to negotiate to continue the UK's participation in the European Maritime Safety Agency (EMSA).
New clause 92—European Monitoring Centre for Drugs and Drug Addiction—
"In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) on the same basis as any other member state of the European Union."
This new clause would require Her Majesty's Government to negotiate to continue the UK's participation in the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA).
New clause 93—European Union Agency for Fundamental Rights—
"In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Union Agency for Fundamental Rights (FRA) on the same basis as any other member state of the European Union."
This new clause would require Her Majesty's Government to negotiate to continue the UK's participation in the European Union Agency for Fundamental Rights (FRA).
New clause 94—European Satellite Centre—
"In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Satellite Centre (EUSC) on the same basis as any other member state of the European Union."
This new clause would require Her Majesty's Government to negotiate to continue the UK's participation in the European Satellite Centre (EUSC).
New clause 95—Protected designation of origin scheme—
"In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the protected designation of origin (PDO) scheme on the same basis as any other member state of the European Union."
This new clause would require Her Majesty's Government to negotiate to continue the UK's participation in the protected designation of origin (PDO) scheme.
New clause 96—Protected geographical indication scheme—
"In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the protected geographical indication (PGI) scheme on the same basis as any other member state of the European Union."
This new clause would require Her Majesty's Government to negotiate to continue the UK's participation in the protected geographical indication (PGI) scheme.
New clause 97—Traditional specialities guaranteed scheme—
"In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the traditional specialities guaranteed (TSG) scheme on the same basis as any other member state of the European Union."
This new clause would require Her Majesty's Government to negotiate to continue the UK's participation in the traditional specialities guaranteed (TSG) scheme.
New clause 100—Equality and women's rights—
"Before issuing any notification under Article 50(2) of the Treaty on European Union the Prime Minister shall give an undertaking to have regard to the public interest during negotiations for the UK's withdrawal from the European Union in—
(a) maintaining employment rights and protections derived from EU legislation,
(b) ensuring that EU co-operation to end violence against women and girls, to tackle female genital mutilation and to end human trafficking will continue unaffected,
(c) the desirability of continuing to recognise restraining orders placed on abusive partners in EU Member States in the UK and restraining orders placed on abusive partners in the UK across the EU, and
(d) establishing a cross-departmental working group to assess and make recommendations for developing legislation on equality and access to justice."
New clause 104—Agricultural Sector—Trade Deals—
"In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to, and shall include, the agricultural sector in any new trade settlement with the European Union."
New clause 163—Consultation with representatives of English regions—
"(1) Before the Prime Minister issues any notification under Article 50(2) of the Treaty on European Union, the Secretary of State shall set out a strategy for consultation with representatives of the English regions, including those without directly elected Mayors, on the UK's priorities in negotiations for the UK's withdrawal from the European Union.
(2) The Secretary of State shall nominate representatives for the purposes of subsection (1)."
This new clause would require the Government to designate representatives from English regions and set out a strategy for consulting them on the UK's priorities in negotiations on withdrawal from the EU.
New clause 166—Rights and opportunities of young people—
"In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must seek to ensure that the rights and opportunities of people aged under 25 in the United Kingdom are maintained on the same terms as on the day on which Royal Assent is given to this Act, including—
(a) retaining the ability to work and travel visa-free in the EU,
(b) retaining the ability to study in other EU member states on the same terms as on the day on which Royal Assent is given to this Act, and
(c) retaining the ability to participate in EU programmes designed to provide opportunities to young people, including programmes to facilitate studying in other EU member states."
This new clause would ensure that the Government must seek to protect the rights and opportunities currently enjoyed by young UK nationals so that they should not become worse off than their European counterparts.
New clause 170—EHIC scheme—
"(1) In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Health Insurance Card (EHIC) scheme on the same basis as any other member state of the European Union".
This new clause would require Her Majesty's Government to negotiate to continue the UK's participation in the European Health Insurance Card (EHIC) scheme.
New clause 172—Erasmus+ Programme—report
"In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the Erasmus+ Programme on the same basis as any other member state of the European Union".
This new clause would require Her Majesty's Government to negotiate to continue the UK's participation in the Erasmus+ Programme.
New clause 174—European Research Area (ERA)—
"In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Research Area (ERA) on the same basis as any other member state of the European Union".
This new clause would require Her Majesty's Government to negotiate continue to the UK's participation in the European Research Area (ERA).
New clause 178—European Arrest Warrant—
"In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Arrest Warrant on the same basis as any other member state of the European Union".
This new clause would require Her Majesty's Government to negotiate to continue the UK's participation in the European Arrest Warrant.
New clause 181—Trade agreements—
"(1) In the course of negotiations with the European Union on the UK's withdrawal from the Union, Her Majesty's Government must have regard to the value of UK membership of the EU Customs Union in maintaining tariff and barrier-free trade with the EU.
(2) Before exercising the power to notify under section 1 of this Act, the Prime Minister should lay before Parliament an assessment of the value of UK membership of the EU Customs Union in maintaining ongoing tariff and barrier-free trade with the EU."
New clause 183—Membership of the single market including EU-wide reform of freedom of movement—
"(1) In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must seek to—
(a) secure reforms of provisions governing the free movement of persons between EU member states in such a way as to allow for greater controls over movement of people for member states and to enable the UK to retain full membership of the European single market, or
(b) maintain the highest possible level of integration with the European single market."
This new clause would ensure that the Government must seek to negotiate EU-wide reforms to freedom of movement in the single market to enable the Government to seek to retain membership of the single market or as close to membership as possible.
New clause 185—Euratom—
"In negotiating and concluding an agreement in accordance with Article 50(2) of the Treaty on European Union, Ministers of the Crown must have regard to the desirability of continuing to participate in the European Atomic Energy Community (Euratom) on the same basis as any other member state of the European Union."
This new clause would require Her Majesty's Government to negotiate to continue the UK's participation in Euratom.
New clause 193—Conduct of negotiations—
"( ) Before giving any notification under Article 50(2) of the Treaty on European Union, the Prime Minister shall give an undertaking to have regard to public interest during negotiations in maintaining the United Kingdom's membership of the European Convention on Human Rights and the European Court of Human Rights."
Amendment 22, in clause 1, page 1, line 2, leave out "may" and insert "shall"
Amendment 23, page 1, line 2, after "notify" insert "by 31 March 2017"
Amendment 7, page 1, line 3, at end insert—
"if it is the intention of Her Majesty's Government to continue to participate in EU Common Foreign and Security Policy"
This amendment would ensure that the UK's withdrawal from the European Union would not affect the intention of Her Majesty's Government to continue to participate in EU Common Foreign and Security Policy.
"but not before 1st November 2017"
This amendment would ensure that any notification of intention to withdraw from the EU cannot be made before 1st November 2017.
"and shall make it an objective for the United Kingdom to remain a member of the European Single Market."
This amendment would ensure that the policy of HM Government shall be to negotiate the United Kingdom's continued membership of the European Single Market.
Amendment 29, page 1, line 3, at end insert—
"after consultation with the Government of Gibraltar."
"and its institutions with the exception of the European Defence Agency."
"and its institutions with the exception of Euratom."
"and its institutions with the exception of Europol."
"and its institutions with the exception of the European Space Agency."
"with the exception of the Common Foreign and Security Policy."
"The power to make this notification shall not include an intention to withdraw the United Kingdom from membership or participation of the European Atomic Energy Community (Euratom)."
'(1A) The Prime Minister may not notify under subsection (1) until the Chief Minister of Gibraltar has notified Her Majesty's Government that Gibraltar consents to the process for the withdrawal of the UK from the European Union."
'(1A) The Prime Minister may not notify under subsection (1) the intention to withdraw the United Kingdom from membership of, and participation in, the European Atomic Energy Community (Euratom), until replacement treaties with other EU Member States and relevant third countries have been agreed."
'(3) This section does not apply to Gibraltar."
'(3) Before the Prime Minister issues a notification under this section, Her Majesty's Government has a duty to lay before both Houses of Parliament a White Paper identifying new oversight, accountability and enforcement mechanisms replacing the role of the European Commission and the European Court of Justice to ensure an equivalent level of compliance with EU-derived environmental regulation upon withdrawal from the European Union."
This amendment would ensure that the UK judicial system is prepared and ready to effectively perform the enforcement duties currently undertaken by institutions of the EU with regards to environmental regulation.
Clause 1 stand part.
New clause 12—International trade—
"Her Majesty's Government shall endeavour to incorporate into UK regulation the international trade policies that apply to the UK as a consequence of its membership of the European Union and European Customs Union on the date of the exercise of the power in section l."
This new clause would make it the policy of HM Government to endeavour to "grandfather" existing trade policies currently applicable to the UK by virtue of UK membership of the EU Customs Union.
New clause 32—Social Chapter rights—draft framework—
"Before exercising the power under section 1, the Prime Minister must set out a draft framework for the future relationship with the European Union which includes reference to the maintenance of Social Chapter rights."
New clause 34—Free trade—draft framework—
"Before exercising the power under section 1, the Prime Minister must set out a draft framework for the future relationship with the European Union which includes reference to the maintenance of tariff and barrier-free trade with EU member states."
New clause 35—Environmental standards—draft framework—
"Before exercising the power under section 1, the Prime Minister must set out a draft framework for the future relationship with the European Union which includes reference to the maintenance of environmental standards."
New clause 36—Climate change—draft framework—
"Before exercising the power under section 1, the Prime Minister must set out a draft framework for the future relationship with the European Union which includes reference to how this will deliver UK and EU climate change commitments."
New clause 37—Research and Development—draft framework—
"Before exercising the power under section 1, the Prime Minister must set out a draft framework for the future relationship with the European Union which includes reference to the maintenance of international collaboration on research and development by universities and other institutions."
New clause 38—Common travel area—draft framework—
"Before exercising the power under section 1, the Prime Minister must set out a draft framework for the future relationship with the European Union which includes reference to the maintenance of the common travel area with the Republic of Ireland."
New clause 39—Crime and security—draft framework—
"Before exercising the power under section 1, the Prime Minister must set out a draft framework for the future relationship with the European Union which includes reference to the maintenance of international collaboration on tackling crime and strengthening security."
New clause 40—Economic and financial stability—draft framework—
"Before exercising the power under section 1, the Prime Minister must set out a draft framework for the future relationship with the European Union which includes reference to the maintenance of economic and financial stability."
New clause 50—Commencement—
"This Act shall not come into effect before Parliament has sat for one month following the first General Election that takes place after 31 March. 2017."
New clause 133—Commencement—
"This Act does not come into force until the Prime Minister has certified that it is the policy of Her Majesty's Government that on leaving the European Union the United Kingdom should as soon as possible accede to the European Economic Area Agreement as a non-EU party."
New clause 141—Extent—
"This Act extends to the whole of the United Kingdom and to Gibraltar."
New clause 186—Report on future participation in Euratom—
"Within 30 days of the Prime Minister exercising the power under section (1), a Minister of State shall publish a report on the United Kingdom's intended future participation in and engagement with the European Atomic Energy Community (Euratom), and shall lay a copy of the report before each House of Parliament."
This new clause would seek a report from Her Majesty's Government on the UK's participation in and engagement with Euratom, following the withdrawal of the UK from the EU.
New clause 192—Nuclear Collaboration—
"(1) Nothing in this Act shall affect the UK's membership of the European Atomic Agency Community (Euratom).
(2) Notwithstanding the provisions of any other Act, Her Majesty's Government shall treat the process of leaving Euratom as separate to that of leaving the European Union."
I rise to speak to new clause 2 and the other new clauses that stand in my name and those of my hon. and right hon. Friends, which have been judged to be in order. Over the past two days, we have had a series of important debates, primarily on the process that we face over the long period ahead. Today, we move on to new clauses and amendments on the substance of the Government's negotiations. The debate on process was important precisely because it is about enabling the people of this country, through this elected Parliament, to hold the Government to account on the issues that matter to them: their jobs; the conditions under which our businesses operate; how we keep our country safe and secure; how we protect our environment for future generations; and how we ensure that we remain at the cutting edge of science and research and that we have an economy that is able to fund our NHS and all the services that are vital for our social fabric.
In the foreword to the White Paper, the Prime Minister claims that
"the country is coming together",
but we are not there yet, and those portraying anyone with a different approach to Brexit as attempting to frustrate the will of the people—as some have done over recent days—does not help. Today, however, we can take an important step, because new clause 2 addresses many of the concerns not only of the 48% but of many of the 52%—those who voted to come out but did not vote to lose out. It is, in fact, a manifesto for the 100%. It puts at the front of the Government's objectives a duty to maintain a stable and sustainable economy through having trading arrangements with the European Union for goods and services that are free of tariff and with non-tariff barriers. We on this side of the House have been clear that, in the negotiations, it is the economy and jobs that should come first, but the Government have decided otherwise. They are taking a reckless gamble with people's jobs and living standards by walking away from the single market and the customs union.
Mr Peter Bone
(Wellingborough) (Con)
The shadow Minister is making his case very clearly. As I understand it, Labour's position is that the economy should be at the heart of the negotiations and that if, for instance, we could not get rid of free movement, so be it, because the economy is more important.
No, that is not what I said. I said that the economy should be at the heart of our negotiations, that the advantages of the single market are significant, as the then Prime Minister pointed out before 23 June, and that we should have reasonable management of migration through the application of fair rules.
(Wokingham) (Con)
Does the hon. Gentleman accept that both sides of the House completely agree that we want the maximum possible access to the single market for our exporters and that we will offer the single market the maximum possible access to our market? Does he further accept that we therefore do not need to argue about that? The answer to whether we get that or get most favoured nation status through the WTO lies not here in Parliament, but the hands of the other 27 EU member states.
I am sorry, but the right hon. Gentleman is wrong—and not for the first time. We have made it clear that the economy comes first, but the Prime Minister has said that her red lines are the European Court of Justice and immigration.
Mr Jim Cunningham
(Coventry South) (Lab)
My hon. Friend takes a big interest in science and technology and universities, so does he agree that it is important for Coventry and the west midlands economy that we get a proper agreement in relation to the single market? Does he also agree that the Government have guaranteed resources only up to 2020 should we pull out?
That is an important point, and my hon. Friend will note that it is highlighted in new clause 2.
Several hon. Members rose—
I will try to make some progress.
Mr Iain Duncan Smith
(Chingford and Woodford Green) (Con)
Will the hon. Gentleman give way?
As it is the right hon. Gentleman, I will.
Mr Duncan Smith
I do not want to delay the hon. Gentleman, but I listened carefully to what he said about his new clause. He said, when pressed, that the Labour party's view was that control of migration—sustainable through whatever arrangements—was important. However, I note that new clause 2 is missing any reference whatsoever to that being an important matter. Whether it is as important as the economy or of secondary importance, it will remain an important issue when the balance of negotiation comes down. What is his position? Why has he left migration control out of the new clause, which is currently unbalanced and makes no sense?
The right hon. Gentleman misrepresents my observations, but then I know that the leave campaign strongly supported alternative facts. Moving on to his specific point—[Interruption.]
Anna Soubry
(Broxtowe) (Con)
As it is you.
I am grateful to the hon. Gentleman for giving way. This point is rather important: will he confirm whether the Labour party no longer supports the principle of free movement—yes or no?
We have said time and again that we believe in the reasonable management of migration through the application of fair rules, and I will talk about that specific issue if hon. and right hon. Members will give me the opportunity.
Mike Gapes
(Ilford South) (Lab/Co-op)
Will my hon. Friend give way?
I have probably been a little unbalanced, so I should give way to somebody on my side of the House.
I am grateful. Will my hon. Friend confirm that the easiest way to cut migration would be to crash the economy?
My hon. Friend should wait and hear what I am about to say on migration.
Caroline Lucas
(Brighton, Pavilion) (Green)
Will the hon. Gentleman give way to someone from my part of the House?
Not just yet. I should make some progress because I am conscious of the many amendments and the many people who want to speak.
The Opposition accept that concerns about migration were a significant factor in the referendum—probably a critical factor. The right hon. Member for Chingford and Woodford Green (Mr Duncan Smith) is not paying attention at the moment, but leave campaigners talked it up relentlessly—[Interruption.] He is still not listening. The Prime Minister has also talked up migration, both as Prime Minister and in her previous job. That created huge expectations, which the White Paper then begins to talk down. The Home Secretary told the Home Affairs Committee last week that she had not been consulted on that part of the White Paper. This is one of the main red lines defining the Government's approach and the Minister responsible was not consulted—it is absolutely extraordinary.
For months, echoing the leave campaign, the Government have talked about control, but they have had control over non-EEA migration for six years and the White Paper reveals the facts: no significant change since 2010.
Will the hon. Gentleman accept that free movement has massively benefited our economy, both economically and socially? While Governments may have failed to ensure that those benefits have been shared equally, we should not sacrifice our economy to anti-immigration ideology. Securing the continued free movement of people should therefore be a priority in the UK negotiations.
Indeed, the White Paper points out the benefits of migration.
I want to make some progress.
Mr Mark Harper
(Forest of Dean) (Con)
Will the hon. Gentleman give way on non-EEA migration?
I think the right hon. Gentleman has had more than his fair share of speaking time.
Let me continue. There has been no real change to non-EEA migration since 2010, for good reasons. When the Government start to disaggregate the EEA numbers, what will they find? Doctors, nurses, academics, care workers, students, and those bringing key skills to business and industry. On lower-skill jobs, Ministers have already made it clear to employers that agricultural workers will still be free to come.
I will make some progress. As my hon. Friend the Member for Ilford South (Mike Gapes) pointed out, the only real way to reduce numbers substantially is to crash the economy; that may be the effect of the Government's negotiations, but assuming that that is not their plan, they need to come clean to the British people. As the right hon. Member for Meriden (Dame Caroline Spelman) argued last week, and as the right hon. Member for Preseli Pembrokeshire (Stephen Crabb) argued over the weekend, they need to come clean about this red line. What is their plan? If taking control of immigration defines this Government's approach to Brexit, the Minister needs to make the Government's intentions clear in his closing remarks.
Mr Adrian Bailey
(West Bromwich West) (Lab/Co-op)
Does my hon. Friend agree that UK trade delegations to China and India have made it clear that any trade deal with those countries will almost certainly involve a relaxation of the visa regime, so all we are doing is displacing migration, not cutting it?
My hon. Friend is absolutely right. I think the Prime Minister was quite shocked to discover, when she went to India seeking a trade deal, that one of the first things that the Indian Government wanted to put on the table was access to our labour markets and for students. My hon. Friend was right to cite other countries, but he missed Australia off his list. Australia is much heralded as a future trading partner, but it also wants to make the movement of people part of any settlement.
Dr Eilidh Whiteford
(Banff and Buchan) (SNP)
The hon. Gentleman makes an important point about the value of migrant workers and others who come here. Does he recognise that local jobs, particularly in rural areas, are anchored by people's ability to move here? Our public services and local businesses, and the jobs of the indigenous population, also depend on the freedom of movement, which is such an important part of our single market membership.
I thank the hon. Lady; she is absolutely right. That is one reason why the Government's White Paper is so much more nuanced, caveated and realistic than some of the rhetoric that we have heard.
Mr Harper
As I said, the right hon. Gentleman has had lots of time during Committee of the whole House. I want to move on to a different topic, and I am sure that he will want to get in later. [Interruption.]
Order. Mr Blomfield rightly wishes to speed up his introduction of the new clause; Members will be pleased about that when we come to the end of this debate and they find that they have had a chance to speak.
Thank you, Mrs Laing.
Rachael Maskell
(York Central) (Lab/Co-op)
On that point, will my hon. Friend give way?
Probably not, after Mrs Laing's words.
Our approach is different: it is to put the economy and the jobs of British people first, and to get the right trading relationship with the EU. There may be lots of graphs in the White Paper, but there is little clarity about the Government's ambitions. However, the Secretary of State for Exiting the European Union was much clearer when he told the House a couple of weeks ago:
"What we have come up with…is the idea of a comprehensive free trade agreement and a comprehensive customs agreement that will deliver the exact same benefits as we have"—[Official Report, 24 January 2017; Vol. 620, c. 169.]
I am delighted that the Secretary of State has just joined us. He is promising us the exact same benefits that we have inside the single market. That is a benchmark that he has set for the negotiations—a benchmark against which we will measure his success. To help him, in a positive and collaborative spirit, we have tried to embed that in new clause 2, because livelihoods depend on it.
Ms Angela Eagle
(Wallasey) (Lab)
Does my hon. Friend agree that trying to get exactly the same access to the single market without paying any of the costs is like disappearing down the rabbit hole into Alice's Wonderland? It is important that we have an assessment of what World Trade Organisation rules would cost, if we had to fall back on them.
My hon. Friend makes an important point, and that is precisely why we have been pushing for proper economic assessments.
I acknowledge that that negotiation target is ambitious, but it is the one the Secretary of State has set, and against which his performance will be measured. It is all very well to speculate on trade deals that might or might not come to pass. The White Paper may tell us that the United States is
"interested in an early trade agreement with the UK",
but there is no indication of how "America first" protectionism will give better market access for UK-manufactured goods. Given the uncertainty, the Government need to do all they can to secure the jobs that depend on trade with our biggest and closet partner: the European Union.
Dr Andrew Murrison
(South West Wiltshire) (Con)
I am listening carefully to the hon. Gentleman. Why does he think that the European Union would not seek a free trade arrangement with the United Kingdom, given our balance of trade with the EU?
I am sure that the European Union will be interested in securing the trade agreement that we seek, but the question is whether the Government can secure it on the ambitious terms that the Secretary of State has himself set.
No. I have made it clear that the right hon. Gentleman has had plenty of floor time. I shall press on.
On the trade deal, it really did not help for the Prime Minister to threaten our friends and neighbours with turning this country into an offshore tax haven if she did not get her way. [Interruption.] Government Members may not like it, but that was the clear threat. It was not a threat against the European Union; it was a threat against the British people. Those voting to leave the EU did so on the understanding that the NHS would receive more money, but that will not be possible if we slash taxes, and this House should not allow that. That is the purpose of new clause 7.
I will make progress, because I am mindful of Mrs Laing's comments.
New clause 7 should command support across the House. The Government have been working with our partners in the OECD on efforts to avoid a race to the bottom on corporation tax, and new clause 7 endorses that work, while new clause 2 would commit the Government to
"maintaining all existing social, economic, consumer and workers' rights",
as well as to continuing to collaborate on environmental protection. The Government have paid lip service to those things, but they should understand people's scepticism about their intentions, because although the White Paper boasts of increasing enforcement budgets for compliance with the national minimum wage, it fails to mention the appallingly low numbers of prosecutions for non-payment of the national minimum wage, or the rife abuse in the care sector, of which the Government are perfectly aware, but on which they have failed to act.
On one of the biggest issues we face, climate change, there is just one small paragraph, which says:
"We want to take this opportunity to develop over time a comprehensive approach to improving our environment in a way that is fit for our specific needs."
What is it about our air and our seas, and the impact of our carbon emissions on the planet, that is specific—so specific that addressing it cannot be done better through continued collaboration with the European Union?
Sir Oliver Letwin
(West Dorset) (Con)
I have been listening to the hon. Gentleman with great interest for around 20 minutes. What does what he is saying have to do with article 50?
I guess the right hon. Gentleman has spotted that triggering article 50 will signal our departure from the European Union; he can intervene if I have got that wrong. [Interruption.] The right hon. Member for Forest of Dean (Mr Harper) is not going to get a chance. Our departure puts at risk the many benefits—
Mrs Laing?
Order. The former Chief Whip, the right hon. Member for Forest of Dean, knows better than anyone how business is conducted in this Chamber, and he knows what happens to people who do not do what they are meant to.
Mr Bone
Tell us, please.
Mr Bone asks me to tell the House; there is no need.
Thank you, Mrs Laing. To continue my point, our departure will clearly have implications for the many environmental, employment and consumer rights that have been won over the past 43 years.
Does my hon. Friend agree that the fact that the Government have been dragged to court on three occasions for failing on the air quality targets set by the EU, and have been negotiating behind the scenes to drop the European standards, means that it is really important that we discuss environmental protections as part of the negotiations?
I do indeed, which is why environmental protection is embedded in new clause 2, which also—
No; I shall try to make progress. I think Members will acknowledge that I have been fairly generous with my time.
New clause 2 would also make co-operation with the European Union on education, research and science, environmental protection, and the prevention and detection of serious and organised crime and terrorist activity, guiding negotiating principles in the negotiations. The Prime Minister talks the talk on research and science, but will she really commit? There is lots to talk about, but I shall take just one example, which is the basis of new clause 192. Tucked away in the explanatory notes is the revelation that the Bill will trigger our exit from Euratom—the European Atomic Energy Community. Whatever else can be claimed of their intentions, and much has been, I am pretty confident that on 23 June the British people did not vote against our leading role on nuclear energy, safety and research. It certainly was not on the ballot paper.
Euratom was established by a distinct treaty, and it would fly in the face of common sense to throw away membership of an organisation that brings such unequivocal benefit, yet the White Paper is as ambiguous on the Government's intention as the Secretary of State was last week; it talks simply of "leaving Euratom".
Lilian Greenwood
(Nottingham South) (Lab)
My hon. Friend makes a compelling argument about that aspect of scientific research. I do not know whether he attended yesterday's event held by the all-party group on medical research, which is looking at the impact of Brexit on life sciences. If he did, he will know that it was made absolutely clear that we need to maintain the closest possible ties with the EU in relation to Horizon 2020 funding, collaboration and the free movement of people. Does he not agree that the Government need to listen if we are to preserve our wonderful scientific research base in this country?
I absolutely do. I was not at that meeting yesterday, but I was at a meeting of medical research charities and other stakeholders in the field of medical research on Monday, at which they made precisely that point. Indeed, they mentioned that we needed to ensure that we had the right relationship, starting, ideally, with membership of the European Medicines Agency.
(Henley) (Con)
I thank the shadow Minister for so generously giving way. He probably knows that the Culham Centre for Fusion Energy is in my constituency. People there told me how concerned they were about this issue, but they decided that the amendments to the Bill were not helpful. They said that it was much better to deal with Ministers directly, and to put pressure on the Treasury to achieve their objectives.
I thank the hon. Gentleman for his point. A very effective way of applying pressure to save that Joint European Torus centre, which is a hugely important facility, is by agreeing to new clause 192.
Albert Owen
(Ynys Môn) (Lab)
The shadow Minister makes a very important point. These hugely important research projects in nuclear and nuclear build have long lead-in times. My concern is that if we trigger notice to leave Euratom, no agreement will be put in place at the end of the two-year period. That could seriously delay those projects and impact on future investment in this country. Does he agree that, at the very least, we need a transitional arrangement, if not continuing membership?
Yes, I do agree; my hon. Friend makes a very important point. I press Ministers to give greater clarity on their intentions, because the Secretary of State has so far been ambiguous.
(Wells) (Con)
No, I will not. I should respond to Mrs Laing's appeal for us to make progress.
It has been suggested that the Government's reservations about Euratom stem from the fact that the European Court of Justice is the regulatory body for the treaty. If that is so, their obsessional opposition to the Court of Justice leads them to want to rip up our membership of an organisation on which 21% of UK electricity generation relies and that supports a critical industry providing 78,000 jobs; that number is projected to rise to 110,000 by 2021. That membership led to us hosting the biggest nuclear fusion programme in the world in Culham.
Mr David Nuttall
(Bury North) (Con)
I will not give way, because I wish to make progress.
The organisation also helps to ensure nuclear safety. Before the Secretary of State leaves the Chamber, let me tell him that it would be helpful for the Government to explain their intentions. I will give way to him or to the Minister of State, Department for Exiting the European Union, because the people in this country deserve to know what is happening in relation to Euratom; people voting in Copeland in a couple of weeks' time want to know, as their jobs are on the line. I give the Secretary of State or indeed the Minister the opportunity to intervene on me to make an unambiguous statement that it is the Government's intention to remain in Euratom.
Kit Malthouse rose—
James Heappey rose—
I was providing the opportunity to those who can make a useful commitment. Their silence says everything.
No, I will not.
Clearly, there is much more to be said about our future relationship. There are many more people who wish to speak and many more amendments to be moved. I will draw my remarks to a close—[Interruption.] It is disappointing for me, too.
(Bedford) (Con)
I will draw my remarks to a close.
Order. The Committee must allow the shadow Minister to draw his remarks to a close, or no one else will have an opportunity to speak, and it will not be my fault.
Thank you, Mrs Laing. I draw my remarks to a close with the simple point that our new clauses provide a basis for bringing people together around plans that address the concerns of the 100%; supporting them would be a good first step.
Share contribution 100 on Twitter
Share contribution 100 on Facebook
Share contribution 100 via Email
Copy link to contribution 100 to clipboard Copy link
I find myself in agreement with new clause 2, which makes perfectly sensible statements about what our negotiating aims should be. I have even better news for the Opposition Front-Bench team: it is a statement of the White Paper policy. Of course we wish to maintain a stable, sustainable, profitable and growing economy, which we have done ever since the Brexit vote. Of course we wish to preserve the peace in Northern Ireland, to have excellent trading arrangements with the European Union for goods and services free of tariff, to have lots of co-operative activities with EU member states and institutions in education, research and science and so forth, and to maintain the important rights and legal protections enshrined in European law. As I understand it, the Government have made it crystal clear in the White Paper and in many statements and answers to questions and responses to debates from the Front Bench that all those things are fundamental to the negotiating aims of the Government.
Having excited the Opposition with my agreement, I need to explain why I will not vote for this new clause. I have two main reasons, which I briefly wish to develop. First, I am happy to accept the promise and the statement of our Front-Bench team, and I advise the Opposition to do the same. Secondly, although the words do not explicitly say, "This is what has to be delivered", the fact that it is embedded in legislation implies that all these things must be delivered, and some of them are not in the gift of this Government or this Parliament. I return to the point that the Opposition never seem to grasp: we are all united in the aim of ensuring tariff-free trade, but it will be decided by the other 27 members, not by this Parliament or by Ministers.
Given that the list in new clause 2 exactly matches some of the things in the White Paper, it is pointless. Is it not interesting that the two areas it does not mention are immigration and strengthening the United Kingdom? Those omissions are very significant.
That is a very powerful point. I could add others. It is a great pity that it does not mention the opportunity to have a decent fishing policy. It certainly does not talk about having a sensible immigration policy. The Opposition still do not understand that we have to remove the jurisdiction of the European Court of Justice if this Parliament is to be free to have a fishing policy that helps to restore the fishing grounds of Scotland and England, and to have a policy that makes sensible provision for people of skills, talent and interest to come into our country, but that ensures that we can have some limit on the numbers.
Mr Angus Brendan MacNeil
(Na h-Eileanan an Iar) (SNP)
I heard the right hon. Gentleman's wish list at the beginning of his speech. Has he grasped the fact that that wish list is actually encapsulated in two words: single market?
No, it clearly is not. The hon. Gentleman has not been listening to what I have been saying. The whole point about the single market is that it does not allow us to have a sensible fishing policy or a sensible borders policy, which are two notable omissions from the list, which, fortunately, were not absent from the White Paper or from the Government's thinking.
Joanna Cherry
(Edinburgh South West) (SNP)
Perhaps the right hon. Gentleman would like to reconsider what he just said. He said the whole point about the single market is that it does not allow us to have a sensible fishing policy, but Norway is in the single market in the European economic area, but not in the common fisheries policy. It controls its own fisheries policy, which he would know if he had read this excellent document, "Scotland's Place in Europe".
Well, why have we not had a sensible fishing policy for the past 40 years? It is because we have been a full member of the EU and its single market. What is agreed across this House—even by some members of the Scottish National party—is that we want maximum tariff-free, barrier-free access to the internal market. However, what is not on offer from the other 27 members is for us to stay in the single market, but not to comply with all the other things with which we have to comply as a member of the EU. There is no separate thing called the single market; it is a series of laws that go over all sorts of boundaries and barriers. If we withdraw from the EU, we withdraw from the single market.
Alex Salmond
(Gordon) (SNP)
The right hon. Gentleman's example was of fishing policy, so does he agree as a point of fact that Norway is in the single market but pursues its own independent fishing policy? Yes or no?
I agree that Norway decided to sacrifice control of her borders to get certain other things from a different kind of relationship with the EU, but we do not wish to join the EEA because we do not wish to sacrifice control over our borders. That is straightforward.
Helen Goodman
(Bishop Auckland) (Lab)
The right hon. Gentleman is absolutely wrong. Norway was part of the Nordic free movement area with Sweden, Finland and Denmark way before the European Union was even invented.
Norway is now part of a freedom of movement area far bigger than that, and that was part of its deal. It also has to pay in a lot of money that British voters clearly do not wish to pay, so why would we want to do that?
Mr Steve Baker
(Wycombe) (Con)
Does my right hon. Friend agree that if Opposition Members are serious about the flourishing of our economy, 80% of which is services, they should accept that we need to be able to do trade deals on services, which means that we have to leave the EEA so that we can negotiate about regulation?
That is quite right, and they also ignore the whole of the rest of the world. It so happens that we have a profitable, balanced trade with the rest of the world. We are often in surplus with the rest of the world overall and we are in massive deficit in goods with the EU alone. There is much more scope for growth in our trade with the rest of the world than there is with the EU, partly because the rest of the world is growing much faster overall than the EU and partly because we have the chance to have a much bigger proportion of the market there than we have, whereas we obviously have quite an advanced trade with the EU that is probably in decline because of the obvious economic problems in the euro area.
Sammy Wilson
(East Antrim) (DUP)
Does the right hon. Gentleman note that although the shadow Minister made no mention of the importance of controlling immigration, his new clause 2 mentions "preserving peace in Northern Ireland", although he never mentioned one word of it? Does the right hon. Gentleman accept that the shadow Minister perhaps understands that Brexit has no implications for peace in Northern Ireland? It is not a cause of increased terrorism. Indeed, the terrorists never fought to stay in the EU; they fought to get out of Britain.
The hon. Gentleman has made his own point, and we all wish Northern Ireland well.
Mr Kenneth Clarke
(Rushcliffe) (Con)
First, let me congratulate my right hon. Friend on recognising that there is nothing in new clause 2 that is remotely objectionable to either leavers or remainers as an objective for the country in the forthcoming negotiations. If tariff-free access to the single market is desirable, does he accept that access to any market is not possible without accepting obedience of that market's regulations? Otherwise, there are regulatory barriers. We need some sort of dispute procedure. If we start to reject the European Court of Justice and say that all the regulations must be British and that we are free to alter them when we feel like it, we are not pursuing the objectives in new clause 2 with which my right hon. Friend expresses complete agreement.
Of course there is a dispute resolution procedure when we enter a free trade agreement or any other trade arrangement. There is a very clear one in the WTO. We will register the best deal we can get with the EU under our WTO membership and it will be governed by normal WTO resolution procedures, with which we have no problem. The problem with the ECJ is that it presumes to strike down the wishes of the British people and good statute law made by this House of Commons on a wide range of issues, which means that we are no longer sovereign all the time we are in it.
Mr Bailey
The right hon. Gentleman argues that our membership of the EU inhibits our ability to trade with the expanding economies of the rest of the world. If so, will he explain why Germany exports nearly four times as much as we do to China and exceeds our exports to both India and Brazil, the other fast-growing economies, and why France also exports more to China and Brazil than we do? What is it that they do in the EU that we will do when we come out?
It is quite obvious that Germany will export more at the early stages of development in an emerging market economy, because it tends to export capital equipment of the kind that is needed to industrialise, which is what China bought in the last decade. Now that China is a much richer country, she is going to have a massive expansion of services and that is where we have a strong relative advantage, in that if we have the right kind of arrangement with China we will accelerate the growth of our exports, which China will now want, more rapidly. The hon. Gentleman must understand that the EU imposes massive and, I think, dangerous barriers against the emerging market world for their agricultural produce. The kind of deals we can offer to an emerging market country, saying that we will buy their much cheaper food by taking the tariff barriers off their food products in return for much better access to their service and industrial goods markets where we have products that they might like to buy—[Interruption.] I hear my right hon. Friend the Member for Wantage (Mr Vaizey) express a worry about British farmers, and British farmers, would, of course, have a subsidy regime based on environmental factors, in the main, which we would want to continue.
(Carmarthen East and Dinefwr) (PC)
What impact does the right hon. Gentleman think that that would have on Welsh agriculture and the rural economy in Wales?
I just explained that it should boost it. I am sure that more market opportunities will open up for Welsh farmers, but we will also debate in this House how to have a proper support regime. I hope that it will be a support regime that not only rewards environmental objectives but is friendly to promoting the greater efficiencies that can come from more farm mechanisation and enlargement, which will be an important part of our journey to try to eliminate some of the massive deficit we run in food with the rest of the EU, while being more decent to the emerging world—the poor countries of the world to which we deliberately deny access to our markets.
Angela Smith
(Penistone and Stocksbridge) (Lab)
May I take it from what the right hon. Gentleman has just said that in any free trade deal with New Zealand he will continue to ensure that sheep farmers in this country are not sacrificed in the interests of getting good access to the New Zealand market for our financial services?
I am sure that that would be a very appropriate part of the discussions our country holds with New Zealand and Australia. I broadly take the view—I thought Labour was now of this view—that getting rid of tariffs was a good idea. Labour has spent all of the past six months saying how we must not have tariffs on our trade with Europe, but now I discover it wants tariffs on trade with everywhere else in the world. It is arguing a large contradiction.
Dr Murrison
My right hon. Friend is making a very powerful case. Does he not agree that it is truly remarkable that Germany makes three times as much money on coffee as developing countries because of tariffs and that we are noticing a problem with out-of-season fruit and vegetables in our supermarkets, in part because of the pressures applied to producers in north Africa? It is no good colleagues on the Opposition Benches having a go at those who are concerned about international development assistance if they are prepared to tolerate such tariff barriers, which act against the interests of developing countries.
I think that we have teased out something very important in this debate. The Opposition want no barriers against ferocious competition from agriculture on the continent, which has undoubtedly damaged an awful lot of Welsh, Scottish and English farms, but they want maximum tariff barriers to trade with the rest of the world so that we still have to buy dear food. That does not seem to be an appealing package.
My right hon. Friend might be interested to know that just last week I visited Randall Parker Foods in my constituency, a company that slaughters and processes several hundred thousand Welsh lambs every year and that is salivating at the chance of opening up the US market, in particular, where Welsh lamb is under-represented and where there is huge potential for us to export more than we do.
Like my hon. Friend, I think that there are some great English, Welsh, Scottish and Northern Irish agricultural products, and that with the right tariff system with the rest of the world we could do considerably better with our quality products.
Sir William Cash
(Stone) (Con)
I congratulate my right hon. Friend on his great speech, but I want to ask him one question that goes to the merits of the new clause. It says that the Prime Minister "shall give an undertaking", which is clearly a mandatory requirement under statute, and which itself calls for judicial review if somebody decides to do that. However, in all my time in this place, I have never seen a clause proposing the preserving of peace in Northern Ireland as a matter of public interest and of judicial review. It is unbelievably unworkable and completely contrary to all the assumptions that one might rely on for a decent provision.
I am grateful to my hon. Friend for drawing me back to my central point. He kindly said that I have made a good speech, but I have just responded to everybody else making their own speeches and riding their own hobby horses. I hope they have enjoyed giving those hobby horses a good ride.
To summarise my brief case, the aims of the new clause are fine. They happen to be agreed by the Government. However, it is disappointing that the Opposition have left out some important aims that matter to the British people: taking back control of our borders and laws, and dealing with the problem of the Court immediately spring to mind, but there are many others. They leave out, as they always do, the huge opportunities to have so many policies in areas such fishing and farming that would be better for the industry and for consumers. They have now revealed a fundamental contradiction in wanting completely tariff-free trade in Europe, but massive tariff barriers everywhere else, and do not really seem to think through the logic.
My conclusion is that there is nothing wrong with the aims. We need the extra aims that the Government have rightly spelled out. It would be quite silly to incorporate negotiating aims in legislation. I believe in the Government's good faith. We are mercifully united in wanting tariff-free, barrier-free trade with the rest of Europe. It is not in the gift of this House, let alone the gift of Ministers, to deliver that, but if people on the continent are sensible they will want that because they get a lot more out of this trade than we do. They must understand that the most favoured nation tariffs are low or non-existent on the things we sell to them, but can be quite penal on the things they have been particularly successful at selling to us. The aims are a great idea, but it is silly to put them into law.
This group of amendments is about the UK's priorities for the negotiations on withdrawal from the European Union. I will talk about Scotland's priorities. The Scottish National party has tabled amendment 54 and new clause 141 on the situation of Gibraltar, in which we deal with the fact that the Bill has omitted to include Gibraltar in its remit, which is rather curious given the great love and affection that Government Members have for Gibraltar.
Those of us who are members of the Exiting the European Union Committee were very impressed by the evidence given to us a couple of weeks ago by the Chief Minister of Gibraltar, Fabian Picardo. He emphasised that Gibraltar's main concern is to preserve its sovereignty and connection with the United Kingdom. Unlike some of us, he is very happy to be part of the red, white and blue Brexit that the Prime Minister talks about. It is important to take Gibraltar's concerns into account.
Will the hon. and learned Lady give way?
The hon. Gentleman, to whom I will give way in a moment, has a long and admirable commitment to the people of Gibraltar and their interests. He has also tabled amendments on the matter, including amendment 29, which I am sure he will tell us about in detail in due course. It would put upon the British Government a requirement to consult Gibraltar before triggering article 50.
I will not make a speech now, as I hope to be called later. I just want to emphasise that there is an important need to protect the interests of Gibraltar. As the hon. and learned Lady said, the Bill does not refer to Gibraltar, but it was specifically mentioned in an amendment when the legislation to hold the referendum was agreed. The people of Gibraltar voted in the referendum. Surely the Bill should be amended to reflect the need for Gibraltar's interests also to be considered.
Absolutely. I have with me a letter from the Deputy Chief Minister of Gibraltar, who says that he
"can confirm that the clause on the application of the Article 50 Bill to Gibraltar would be politically useful to us here. It would also follow on logically from the original consent that we already gave to the extension of the actual UK referendum Act to Gibraltar."
I will come back to that in more detail in a moment.
Mr MacNeil
Before my hon. and learned Friend moves on, I think it is important to back up the hon. Member for Ilford South (Mike Gapes). Gibraltar's connection to the United Kingdom and being British should be reflected in this House. I have visited Gibraltar, and hon. Members should think seriously about supporting his amendment because it would send a signal to Gibraltar that it is respected here, and by Members on both sides of the House. Please listen to the hon. Gentleman.
Indeed. I totally agree with my hon. Friend. The Deputy Chief Minister of Gibraltar also said in his letter:
"I understand that this amendment mirrors a number of others which have also been tabled seeking to make clear its application"—
that is the application of the Act—
"to Gibraltar in the same way. This would strengthen Gibraltar's case to be mentioned in the Article 50 letter."
Of course, Scotland shares with Gibraltar a desire to be mentioned in the article 50 letter.
The big priority for Scotland is that the British Government take into account the Scottish Government's request for a differentiated deal for Scotland. We tabled new clause 145, which would require the British Government to commit to such a differentiated deal before triggering article 50. That amendment has been held over until today, but we will not push it to a vote because we are prepared to give the UK Government one last chance to respond to the document "Scotland's Place in Europe", which was laid before the British Government before Christmas, some seven weeks ago.
Karl MᶜCartney
(Lincoln) (Con)
I will when I have finished my point. No formal response to "Scotland's Place in Europe" has yet been received. The hon. Member for Lincoln (Karl MᶜCartney) is a member of the Exiting the European Union Committee, as I am. We heard detailed evidence about the document this morning from the Scottish Government Minister responsible for negotiations with the United Kingdom. It is a far more detailed document in its proposals than anything the British Government have been prepared to produce so far.
I thank my hon. and learned Friend for giving way; as a fellow member of the Brexit Select Committee, I hope that she would treat me as a friend, rather than as just an hon. Member sitting on the opposite side of the House. I do not disagree with her when it comes to Gibraltar and maybe even Scotland, but we are acting on behalf of the whole UK. If there were to be a list in the article 50 letter, are there any other places, such as the Isle of Man or Jersey, that she would like to see included on it? Would she like to see a long list of places?
The hon. Gentleman is obviously not aware that the arrangements that apply to the Isle of Man and the Channel Islands are rather different than those that apply to Scotland, because they are not in the European Union. Perhaps he would like to read "Scotland's Place in Europe", which would explain that to him. Some differentiated agreements do, in fact, exist within the wider UK and Crown dependencies. Gibraltar is in the European Union, but not in the customs union. I will return to the matter of Gibraltar in due course.
My hon. and learned Friend will remember this direct quotation from The Daily Telegraph:
"Theresa May has indicated that…she said she will not trigger the formal process for leaving the EU until there is an agreed 'UK approach' backed by Scotland."
Surely Government Members do not intend the Prime Minister to break her word of 15 July last year.
I am sure that Government Members would be loth to encourage the Prime Minister to break her word—[Interruption.] Conservative Members are shouting, "No veto." We are not asking for a veto. This document is a compromise whereby Scotland could remain in the single market while the rest of the UK exits it. Perhaps hon. Gentlemen on the Government Benches who are shaking their heads and mumbling about vetoes would like to get their iPads out and look up the difference between a veto and a compromise; it is rather a radical difference.
I will make some progress and then I will take some more interventions, perhaps from people who have not yet spoken.
The Scottish Government have made a proposal, and we are waiting for it to be taken seriously. The signs that the compromise put forward by Scotland will be taken seriously by the Government and, indeed, by this House have not been promising so far this week. Not a single amendment to the Bill has been accepted, despite the numerous amendments tabled by all sorts of different groups of Members, many with significant cross-party support. Even yesterday, when the Government were forced into announcing a significant concession, they were extraordinarily reluctant to commit that concession to writing. We all know that it is because they do not want to amend the Act: they have fought tooth and nail through the courts and in this House to avoid the sort of scrutiny that those of them who seek to leave the European Union have been trumpeting for years. They tell us how fantastic this wonderful, sovereign mother of Parliaments is, but we are berated for having the effrontery to attempt to amend a Bill. It is preposterous.
No, I will not give way. We heard ample from the right hon. Gentleman the other day.
This Bill is being railroaded through this House with scant regard for democratic process. Here is an example: on Monday, when we were debating the proposals that concerned the devolved Administrations, including Scotland, only one of my hon. Friends got to speak. When I attempted to double that tally, I was told to sit down, shut up and know my place. I do not mind being insulted and affronted in this House, but what people need to remember is that it is not just me; it is the people who elected me who are being insulted and affronted when I am prevented from speaking about proposals on which my name appears.
Government Members are extraordinarily relaxed about the effect this sort of thing has on Scottish public opinion. I do not know whether they take the Herald newspaper—it is rather difficult to get hold of in the House of Commons—but if they do, they will see that today's headline is "Support for independence surges on hard Brexit vow" .
Michael Tomlinson
(Mid Dorset and North Poole) (Con)
Backing for a yes vote in another independence referendum has risen to 49% on the back of the hard Brexit vow, and that is when no referendum is even on the table and we are still seeking our reasonable compromise. Hon. Members should make no mistake—it gives me great pleasure to say this—that the barracking by Government Members and the preventing of SNP MPs from speaking in this House play right into our hands and result in headlines saying that support for independence is surging.
On a point of order, Mrs Laing. On Monday, I spoke about the amendments on devolution arrangements. I seem to remember that I took many interventions, including from the hon. and learned Lady. She was not, therefore, prevented from speaking; indeed, I seem to remember that the person in the Chair at the time—[Interruption.]
Opposition Members should let me finish making my point of order to the Chair. The person who was in the Chair made great efforts to facilitate the hon. and learned Lady's speech, but there was then a kerfuffle when she objected to the amount of time she got. How can we put the record straight about the fact that she had a fair opportunity on Monday?
The right hon. Gentleman does not need to put the record straight, because it is a matter of record. I have myself looked in Hansard, and by the simple use of my arithmetical powers, I have worked out how many people managed to speak, for how long they spoke and what contributions they made. Now, the hon. and learned Lady is asserting that she was prevented from speaking. Because there was a time limit on the debate and the hon. and learned Lady came quite late in the debate, there was not an awful lot of time left in which she could speak. But I think that, in saying that she was prevented from speaking, the hon. and learned Lady is making a rhetorical point rather than an arithmetical point, because her contribution to the debate has been considerable. She will note that she has been given the opportunity very early in today's proceedings to speak, and I look forward to hearing her speak to the amendments to which she has put her name, and that is what we should stick to.
I am very grateful, Mrs Laing, for your clarification. Indeed, I am speaking early today, because I am leading for the third party in this House, and it is my right to speak early in the debate.
The right hon. Gentleman is terribly anxious to make an intervention. In order to put him out of his misery, I would very much like to hear what he has to say now.
I am very grateful to the hon. and learned Lady. She was waxing lyrical about the importance her party places on Gibraltar, but when I was listening to the evidence from the Chief Minister of Gibraltar, he was rather more committed to the continuance of the United Kingdom than the Scottish National party, which does not seem to be committed to it.
That is called democracy. The people of Gibraltar vote for parties that wish to remain part of the United Kingdom; the people of Scotland vote for parties that wish to be independent—that is a statement of fact. I am very happy to endorse Gibraltar's right to self-determination—just as I am happy to endorse Scotland's, or indeed any nation's, right to self-determination.
Just on a point of clarity, it should be understood by both sides that Gibraltar is not in the United Kingdom. Gibraltar does not want to be in the United Kingdom. It wants an association with Britain, which is very different. The United Kingdom dates only from December 1922. Britain is little bitty older than that. Gibraltar does not have a Member in this Parliament because it is not in the United Kingdom. It has an association with the United Kingdom. It is independent of the United Kingdom. That is something I would quite like for Scotland: British, but not in the UK.
I am very grateful to my hon. Friend, who, like the hon. Member for Ilford South (Mike Gapes), has a long association with Gibraltar, for clarifying the situation for those who appeared not to be aware of it.
I will not at the moment, thank you.
I will come back to Gibraltar in a moment, but I want to continue on the subject of Scotland's priority in these negotiations. The document I am holding—"Scotland's Place in Europe"—puts forward a highly considered and detailed case to the British Government. As I said, we are still waiting for any kind of considered or detailed response. This morning, the Exiting the European Union Committee heard evidence from a number of Scottish legal experts, in addition to the Minister, Mike Russell. We were told by Professor Nicola McEwen that the proposals in this document are credible and merit examination.
What the Scottish Government are asking for from the British Government is no more than the British Government are asking for from the other 27 member states of the European Union, and that is for there to be consideration in negotiations of our position, and our position is somewhat less substantial than the position the British Government want to put forward in Europe.
Seema Malhotra
(Feltham and Heston) (Lab/Co-op)
I am going to make a little progress, and then I will give way.
The Scottish Government are looking for a response to this document, and that is why we are not going to push new clause 145, which has been held over to today for a vote. A meeting is taking place this afternoon of the Joint Ministerial Committee, and we are still prepared for the time being to put faith in the promise the Prime Minister made, which my right hon. Friend the Member for Gordon (Alex Salmond) has just reminded us of, about Scotland's wishes being taken into account. However, Members of this House should make no mistake: we will expect the Prime Minister to deliver on that promise. We will expect—just as Gibraltar does—to have our position put forward in the article 50 letter. If that does not happen, and the Prime Minister breaks her promise, we will hold another independence referendum, and on the back of the Herald headline, things are looking pretty good for that at the moment—we are at nearly 50%, and not a single word has been uttered yet in the campaign for a second independence referendum.
I will not give way to the right hon. Gentleman for the time being, but the hon. Lady was going to raise a point.
The hon. and learned Lady referenced the evidence session we had this morning with her colleague from the Scottish Parliament. Does she agree, however, that there were a number of unanswered questions in the Committee, including on what regulations Scotland may be subject to if it were in the European economic area; what the impact might be on the trade relationship with the rest of the UK; what the controls at the border might be, and what they might need to look like if Scotland had free movement but the rest of the UK did not; and what payment might need to be made by Scotland, including how much that would be and where it would come from? There was some confusion over those points.
I do not agree with the hon. Lady. The transcript will be available shortly, and when hon. Members read it they will see that my colleague who is a Minister in the Scottish Government repeatedly told Members that the answers to the questions they were asking were in this document. It was rather surprising that one member of the Committee admitted that he had not read the document but berated the Scottish Minister for not having answered questions that are answered in the document he has not read. I hope that the British Government are studying this document, as there is perhaps quite a lot to learn from it.
The hon. and learned Lady very touchingly says that her document is a compromise document. Do not she and her party understand that a compromise document is one on which she and I agree, and I do not agree with it?
I have got some news for the right hon. Gentleman: when the United Kingdom Government go to negotiate with EU's 27 member states about exiting the EU, they will be looking for a compromise. At the moment, the UK Government are looking for things that the EU member states are not willing to give, but that is not preventing them from going into a negotiation—that is how negotiations work.
I urge the right hon. Gentleman to read this document. If he had read it, he would know—I had to correct him on this earlier—that although Norway is in the single market, it is not in the common fisheries policy. What Scotland is looking for in this compromise document is an arrangement similar to that of Norway. I visited Oslo recently. The Norwegians seem to be doing pretty well on the back of that arrangement—it looks as though they have a prosperous and successful economy.
If the right hon. Gentleman had made the same pledge as the Prime Minister made, I would expect him, as a right hon. Member, to have kept to it. I saw the evidence this morning, and I heard the Scottish Parliament Minister, Mr Russell, give the example of Liechtenstein and Switzerland. Liechtenstein is in the European economic area; Switzerland is not. They have a frictionless border—let us put it that way—just like the border the Prime Minister promises for Northern Ireland and the Republic of Ireland.
Many of the questions that hon. Members in this House raise with the Scottish Government and with the Scottish National party about how these matters might be managed are answered in this document, which is the product of research and consultation that has been going on in the many months since the Brexit vote. While the British Government have been going round in circles trying to decide whether they want to be in the single market or in the customs union, the Scottish Government have been looking at a considered compromise and answer to the dilemma in which we find ourselves whereby the majority of the people of Scotland wish to remain part of the EU but the rest of the UK wishes to exit.
A few minutes ago, my hon. and learned Friend made a really important point about Norway and the benefits that could accrue particularly to my constituency from a Norwegian-style deal that would help our fishing interests, but also protect the interests of our fish processors and all the people who depend on export markets, most of which are in the EU at the present time.
Indeed. It is no secret that of the minority of people in Scotland who voted to leave the EU, a significant proportion was made up of people working in the fishing industry, including fishermen, because, as we heard earlier, they have received such a bad deal over the years as a result of inept negotiations by the British Government on the common fisheries policy—negotiations that Scottish Government Ministers have been kept out of. The great advantage of this compromise proposal for fishermen is that, while coming out of the common fisheries policy, they would still have access to the single market. When I was in Norway, I saw a presentation about how the Norwegian fishing industry is progressing on the back of such an arrangement, and, believe you me, it is doing significantly better than the Scottish fishing industry.
I give way to the Chairman of the Committee on Exiting the European Union.
Hilary Benn
(Leeds Central) (Lab)
Is not the fundamental difficulty with the document's proposal about the possibility of Scotland remaining in the single market the fact that there is absolutely no evidence that I have seen thus far—perhaps the hon. and learned Lady has—that any one of the other 27 member states, never mind the British Government's view, has indicated that it would consent to such an arrangement, given that all the other parallels, the Faroes aside, relate to countries, which is not the case in relation to this proposal?
I am grateful to the right hon. Gentleman for raising this issue, because it highlights the reason I am labouring this point. For Scotland to get the compromise deal that we are proposing, the United Kingdom Government first need to accept it as something they would then put forward to the other 27 member states. The other 27 member states are waiting for the United Kingdom to put its money where its mouth is and come to the table and negotiate. They need us to put our own house in order before we do that. [Interruption.] Government Members may not like it, but the Prime Minister made a promise to involve Scotland in the negotiations and to look at all the options for Scotland. We are withholding our right to force our amendment to a vote today in the hope that the Prime Minister will be as good as her word. People in Scotland are watching and waiting.
This document has widespread support. It has the merit of uniting leavers and remainers because it has a compromise that appeals to both sides.
(Swansea West) (Lab/Co-op)
Does the hon. and learned Lady agree that in the event that Scotland was in the single market and England, Wales and Northern Ireland were not, industry would move from England and Wales to Scotland to have tariff-free access to the single market? Similarly, industry would move from Northern Ireland to southern Ireland, ripping open the peace process, which, although it was denied earlier, will indeed be ripped open.
The SNP's position on the peace process has been made very clear in this House: we would wish to do everything to support it.
Moreover, we do not wish the rest of the UK to suffer as a result of coming out of the single market. That is why the principal suggestion in this document is that the whole United Kingdom should remain in the single market. I am terribly sorry on behalf of Members representing English and Welsh constituencies that the Prime Minister has now ruled that off the table, but I am sure those Members will understand why we, representing Scotland, must try to see whether we can get a compromise deal for Scotland.
Mark Durkan
(Foyle) (SDLP)
Does the hon. and learned Lady recognise that if the Government did accept that they could negotiate a separate place for Scotland within the single market, that could equally read across in respect of Northern Ireland, and would be particularly compatible in terms of the strand 2 arrangements and upholding the Good Friday agreement? In many important ways, it would go to the heart of upholding the peace, not upsetting any basis for it.
Indeed. As usual, the hon. Gentleman makes his point with great force and great clarity. The difficulty is that in the Committee on Exiting the European Union this morning we heard from experts who have been observing the process of so-called negotiations between the British Government and the devolved nations in the Joint Ministerial Committee that these negotiations lack transparency and have not really made any significant progress. That is a matter of regret not just for Scotland, but for Northern Ireland and for Wales.
Dr Whiteford
Is my hon. and learned Friend as surprised as I am, given the apparent suggestion that it would be to Scotland's economic advantage to be in the single market, that we are debating leaving the EU in the first place? Surely what is good for Scotland would be good for the whole UK in this respect.
Indeed. We made it clear in this document that we felt it would be to the advantage of the whole United Kingdom to remain in the single market. Unfortunately, the Prime Minister, in what my right hon. Friend the Member for Gordon has described as a very foolish negotiating tactic, has ruled that out from the outset.
(Dover) (Con)
I am going to make a bit of progress because I am conscious that a lot of other people are wishing to speak, and, as I said, I want to move on to deal with our amendments on the topic of Gibraltar.
As the hon. Member for Ilford South pointed out, Gibraltar was covered by the European Union Referendum Act 2015. Section 12(1) of the Act extended to the United Kingdom and Gibraltar. There was an over-whelming vote in Gibraltar to remain. When Fabian Picardo, the Chief Minister of Gibraltar, gave evidence to the Committee on Exiting the European Union, he explained that Gibraltar already has a differential agreement whereby it is in the EU but not in the customs union. This has been working well for the people of Gibraltar. They would like to be involved in a Brexit deal that guaranteed continued access to the single market. They do not want to be forgotten. In the letter I quoted earlier, the Gibraltarian Government support these amendments to get Gibraltar brought within the ambit of the Bill so that Gibraltar's interests can be taken into account in the triggering of article 50.
Will the Minister tell us why Gibraltar was omitted from the Bill? Was it, God forbid, an oversight—if so, the Government now have the opportunity to correct that, with the assistance of the SNP—or was it a deliberate omission of Gibraltar from the ambit of the Bill? If it was a deliberate omission, how does that sit with assurances that the British Government have been giving to Gibraltar that its interests will be protected?
The hon. Member for Ilford South will speak with greater knowledge than I can about Gibraltar. The purpose of the amendments is to ensure that Gibraltar is not forgotten. We feel that there may have been an oversight, so we are attempting to provide assistance. However, if there has not been an oversight and the omission is deliberate, we need to know why and hon. Members need to consider whether it is appropriate to rectify the situation.
A number of other amendments would ameliorate the Bill. The hon. Member for Sheffield Central (Paul Blomfield) spoke ably from the Front Bench about new clause 2 and other amendments. I find new clause 2 to be slightly disappointing, because it does not enumerate the interests of Scotland as a particular consideration to be taken into account. We are not going to push new clause 145 to a vote, because we are hopeful that today's Joint Ministerial Committee might have a fruitful outcome.
I am grateful to my hon. and learned Friend for taking Scotland into account. I hope that the promise made by the Prime Minister on 15 July will have greater gravity than that made by the previous Prime Minister on 10 September 2014, when David Cameron said on "Channel 4 News" that if Scotland voted to remain in the UK, all forms of devolution were there and all were possible. Yet when it came to the Scotland Bill—by this time, my hon. and learned Friend was a Member of Parliament—none of the amendments were taken, showing that none of the forms of devolution were there and none were possible. We have had one broken promise by the previous Prime Minister; let us hope that this Prime Minister can keep her word.
Order. I give the hon. Gentleman a lot of leeway, but it is this Bill that we are discussing right now. We cannot go on to previous Prime Ministers and previous Bills. I am sure that the hon. and learned Member for Edinburgh South West (Joanna Cherry), whose legal expertise is among the best in the House, will find a way of saying what she wants to say.
I am bringing my remarks to a conclusion, Mrs Laing, because I am conscious that others wish to speak. I want to make it clear that the SNP broadly welcomes many of the amendments, including new clause 100, which would secure women's rights and equality. We believe that the EU is about more than just a single trading market; it is also about the social ties that bind us and the social protections that it guarantees.
Hannah Bardell
(Livingston) (SNP)
On equality and protection, does my hon. and learned Friend agree that what we have seen since we were elected to this place does not fill us with any hope that this Government, when they have their great power grab, will uphold the protections that the EU has brought? We will fight for our citizens' rights.
I agree with my hon. Friend. That concern is shared by Members of many parties in this House. We support any amendments that would underline the social aspects of the EU. For example, new clause 166 centres on the rights of young people, who benefit so much from the important ability to live, work, travel and study across Europe. Of course, the SNP fought for 16 and 17-year-olds to get the vote in the referendum, but that was not to be. Perhaps the result would have been different if it had been allowed.
Later today, we will vote on amendments carried over from earlier in the week, including the SNP's new clause 27, which would protect the rights of EU nationals. I think that the widely shared view in the House is that we ought not to trigger article 50 until we have given EU nationals living in the United Kingdom some assurance on their rights. Furthermore, the Exiting the European Union Committee has received evidence from representatives not only of EU nationals in the UK, but, perhaps more importantly for some Members, of UK nationals living abroad. The witnesses felt that a unilateral declaration of good will from the British Government—who, after all, caused the problem by holding the referendum and allowing the leave vote to happen—to guarantee the rights of EU nationals in the United Kingdom would be met by a reciprocal undertaking from other member states, as opposed to using individual human beings as bargaining chips. [Interruption.] If the right hon. Member for Hitchin and Harpenden (Mr Lilley) wants to intervene I will be happy to take that intervention, but he obviously does not; he just wants to shout at me from a sedentary position.
Finally, before Second Reading, I raised a point of order about the Secretary of State's statement on section 19(1)(a) of the Human Rights Act 1998. He said that, in his view,
"the provisions of the… Bill are compatible with the Convention rights".
I am not usually in the habit of giving out free legal advice, but I am happy to do so on this occasion. If the Bill proceeds and we trigger article 50 without taking any steps to protect the rights of EU nationals living in the UK, the British Government could find themselves facing a challenge—and possibly claims—under the Human Rights Act on the Bill's compatibility with articles 8 and 14 of the European convention on human rights. I know that many Government Members do not have any great affection for the ECHR, but when we exit the EU we will still be signatories to the convention and the British courts will still be bound by it. I offer the Government a helpful word of warning: if they want to save taxpayers' money, they might want to think carefully about addressing that issue before they are met with a slew of legal claims.
Carol Monaghan
(Glasgow North West) (SNP)
EU-national workers in science and research are key to research and industry in our society. We should be begging those world-class researchers to stay. We should be bending over backwards instead of using them as bargaining chips, because we are damaging good will and how they feel valued in our society.
Indeed. My hon. Friend takes great interest in teaching, research and science, which was her own field before she came to Parliament. Many Scottish universities, including Herriot-Watt and Napier in my constituency, are extremely concerned about the brain drain that could occur as a result of the failure to reassure EU nationals living in the UK about their rights. With that, I repeat my support for the SNP's amendment 54 and new clause 141 in relation to Gibraltar.
Mr Edward Vaizey
(Wantage) (Con)
I am grateful for the chance to speak briefly. It is a great pleasure to follow the hon. and learned Member for Edinburgh South West (Joanna Cherry), whom I gather felt that she had not previously had the opportunity to put her points. She has taken about 10% of the time allocated to debate this group of amendments, so I hope that she feels that she has now had the opportunity to make her case, and she did so extremely eloquently.
I want to cover a few bases. [Interruption.] There is a lot of noise coming from the Opposition Benches; it is quite hard to think or speak, but I will plough on. I feel extremely strongly about the rights of EU citizens living in the United Kingdom. I had a meeting in my constituency on Friday, in which I discussed Brexit with about 150 people, including a lot of people from different EU countries, because there are a great many scientific research and high-tech international companies based in my constituency.
These are people who contribute. I note that people love to talk about the economic contribution made by citizens from Europe, but I also deeply value their social contribution. They are incredible people who not only provide world-class expertise to many businesses and science, but make a huge contribution to the communities in my constituency. They are obviously devastated by what has happened and they seek reassurance from the Government.
I am not going to support any particular amendments, because I think that would mess up the Bill and that they would not necessarily achieve what they seek to achieve. I am also deeply reassured by the Home Secretary's letter, which was circulated earlier, and by the Prime Minister's repeated comments about how she is going to make it an absolute priority to get clarity on the rights of EU citizens.
Mr Vaizey
I give way to a former Treasury official.
The right hon. Gentleman said that there was a letter from the Home Secretary. Was it a letter for Conservative Members only? Now that he has referred to it in the House, is it not appropriate to put it on the Table or in the Library for all hon. Members to see?
I may have made a faux pas. It was addressed "Dear Colleague", and may have just been sent to me. It might be private correspondence between me and the Home Secretary, for me to circulate to my European constituents, who are among the most talented Europeans living in this country.
On a point of order, Mrs Laing. Is it appropriate for an hon. Member to refer to a document that is not available to the whole House?
I believe it is appropriate for an hon. Member to refer to whichever document he or she might care to quote. It would be a matter for the right hon. Member for Wantage (Mr Vaizey) whether he makes any more of the immediate quotation he wishes to use from any particular correspondence. We all have private correspondence.
Further to that point of order, Mrs Laing. Would I be in order to say that the custom and practice is that a ministerial letter about a debate should be circulated to Members and placed in the Library?
The right hon. Gentleman is absolutely right, as ever—[Interruption]—or as often. If a letter or any document was produced by a Government Minister in his or her capacity as a Government Minister that was intended for the information of the whole House, it would indeed have to be placed in the Library or the Vote Office, or distributed on the Benches. Hypothetically, if there is a letter—I do not know whether there is or not—addressed privately to an hon. Member, it is a matter for the hon. Member.
I am already in enough trouble with my Whips, Mrs Laing, so I suppose another faux pas will not get me to a much better place. I have only been in the House for 11 years, so I am still learning the ropes.
My right hon. Friend has been here only as long as I have, so we are clearly both still learning the ropes. I wanted to assist him. The Prime Minister has been clear on the record that she intends to take a very generous approach. To go back to the point made by the hon. and learned Member for Edinburgh South West (Joanna Cherry), part of the roadblock is that some EU member states will not negotiate with us until we have triggered article 50. In fact, the quicker we get the Bill on the statute book and get article 50 triggered, the quicker we can get that arrangement in place and reassure EU nationals in Britain and British citizens overseas.
That is an excellent point. A difficult road lies ahead and we will have to make some pretty unsavoury compromises. They are understandable compromises, but we should make no mistake that the mood of the House among many colleagues who supported Brexit is to move as quickly as possible to provide reassurance to European citizens in this country. I wanted to use this opportunity, before I got mired in a procedural quagmire and moved closer to the Chief Whip's tarantula, to make it as clear as possible that I stand four-square behind European Union citizens living in this country and their contribution.
Ms Tasmina Ahmed-Sheikh
(Ochil and South Perthshire) (SNP)
We have heard much talk in the House, particularly from the Prime Minister, about the idea of global leadership. Will the right hon. Gentleman explain precisely his definition of global leadership if it does not mean being a leader and standing up for EU nationals living in this country?
The hon. Lady makes an interesting point and allows me to segue to the next issue, which is Britain's global leadership in free trade.
Hon. Members who were lucky enough to hear me speak on Second Reading know that the constant talk of free trade treaties is driving me round the bend. As a Minister, I took part in the state visit from President Xi, and as a Member of Parliament I was in Westminster Hall to hear the address from President Obama—I know I should not stray on to the subject of presidential addresses in Westminster Hall, which is a dangerous road to go down—and I fail to understand those who cite the lack of British influence that has existed while we have been members of the European Union. Heads of State and Presidents from countries all over the world are only too happy to come and visit.
I am a loyal Conservative Member, but the point made about Germany's trade with China was well made. People refer constantly to free trade treaties. I hope we will be able to negotiate them within a matter of days of leaving the European Union, but it strikes me that people are unaware of what happens in the real world if they think that our farmers, who are the best example, will simply sign up without a murmur to free trade treaties with countries such as the United States, which has very different welfare standards from ours. I understand the arguments of those who support free trade with, for example, developing nations, and I understand people who say that we should open our markets to them and support our farmers in different ways, but our farmers will have severe concerns. We also have to wonder whether developing nations have the same welfare standards as us.
Sir Nicholas Soames
(Mid Sussex) (Con)
I entirely agree and support my right hon. Friend on his first point. On his second point, does he agree that many hon. Members, while wishing the very best, worry that those deals and transactions will take a long time to fulfil, particularly in the case of the farmers, and that there is therefore the great danger of being in limbo-land?
That worries me, and I thank my right hon. Friend for making the point.
This is obviously a remoan. I know it is a remoan. I am a remainer just getting things off my chest. It is probably not very constructive, but it strikes me as bizarre that we have given up extraordinary influence over a market of 500 million people to sail off to negotiate free trade deals that will not be without controversy.
Mr Peter Lilley
(Hitchin and Harpenden) (Con)
I see a former Trade and Industry Minister who will correct me.
Mr Lilley
I would not dream of correcting my right hon. Friend, but I would ask him this question. When it appeared that we were going to stay in the EU, was he concerned about the terms of the Transatlantic Trade and Investment Partnership and what that would have done to British farmers? Was he concerned about the trade agreement with the Canadians, of which we have today voted to take note? Was he concerned about those things, or is he concerned only when it feeds his remaining remoan tendencies?
I did not accept the argument that TTIP would undermine our NHS, and I did not receive any representations from my farmers about its impact on them. I was concerned about the French introducing cultural protections, but felt that we were getting close to a free trade agreement thanks to the negotiating power of the European Union.
Further to the intervention from my right hon. Friend the Member for Hitchin and Harpenden (Mr Lilley), I wonder whether the logical extension of the argument of my right hon. Friend the Member for Wantage (Mr Vaizey) is that we should withdraw from the World Trade Organisation. For example, is it fair that the textile workers of Leicester were exposed through our WTO membership to the textile industry in China, which has largely meant a transfer of that industry to that country?
My argument is simply that it will be very difficult to negotiate the free trade agreements that people talk about. It is a very unconstructive and unhelpful argument and will not take us very far. It is more therapy on my part because I feel so frustrated that the tone of the debate since the referendum has been so awful and unpleasant; that we forget that 48% of the country voted to stay in the European Union; and that we are unable to build a consensus on the way forward. The remain part of the House and the country has, by and large, accepted that the referendum result is clear and decisive, and that it will take

redpajama_set_name: RedPajamaCommonCrawl