European Union (Withdrawal Agreement) Bill

George Howarth Excerpts

Committee stage & Committee: 1st sitting: House of Commons & Committee: 1st sitting
Tuesday 7th January 2020 Commons Chamber

[Sammy Wilson]

Yes. I—

[The First Deputy Chairman of Ways and Means (Sir George Howarth)]

Order. I was hesitating to interrupt the right hon. Gentleman, because I thought that he was reaching his peroration, but may I just remind him that he should keep his remarks as close as possible to the clauses and new clauses that we are debating?

[Sammy Wilson]

Let me conclude my speech, Sir George, by issuing a word of caution about clause 33. While a deadline of December this year can put pressure on the EU, it can also put pressure on the Government. As we in Northern Ireland have learned, the pressure on the Government from the 31 October deadline led to concessions that were not good for, at least, our part of the United Kingdom. This is where Government will and determination are important.

Equally, the deadline that the Government have imposed on themselves could be used by EU negotiators to make demands. Those negotiators could say, “If you want a deal by that stage, here are the things that we want from you: we want you to make concessions on fishing, on level playing fields, on payments and on a whole range of other things.” That is the only word of caution that I will issue. Deadlines put pressure on both sides, and come December this year, whether the Government are prepared to stand firm in the face of their own deadline and not be pushed around will be a test of their will.

Question put and agreed to.

Clause 1 accordingly ordered to stand part of the Bill.

Clauses 2 to 6 ordered to stand part of the Bill.

Clause 7

Rights related to residence: application deadline and temporary protection

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

I beg to move amendment 5, page 9, line 36, leave out from “Crown” to end of clause and insert

“must by regulations make provision—

‘(a) implementing article 18(4) of the withdrawal agreement (right of eligible citizens to residence documents proving legal status), including making provision for a physical document;

(b) implementing article 17(4) of the EEA EFTA separation agreement (right of eligible citizens to residence documents proving legal status) including making provision for a physical document; and

(c) implementing article 16(4) of the Swiss citizens’ rights agreement (right of eligible citizens to residence documents proving legal status).’”

This amendment would mean that EEA and Swiss citizens residing in the UK would automatically have rights under article 18(4) of the withdrawal agreement (and equivalent provisions in the EEA EFTA and Swiss citizens’ rights agreements) rather than having to apply for them, and would have the right to a physical document proving their status.

[The First Deputy Chairman of Ways and Means (Sir George Howarth)]

With this it will be convenient to discuss the following:

Amendment 6, page 10, line 41, at end insert—

‘(3A) Regulations made under this section shall apply to—

(a) the rights of all persons eligible for leave to enter or remain in the United Kingdom by virtue of—

(i) the withdrawal agreement, or

(ii) residence scheme immigration rules (see section 17) as in force on 21 December 2019, and

(b) such other persons as Ministers consider appropriate.

(3B) The residence scheme immigration rules (see section 17) may not be amended so as to reduce the range of persons eligible for leave to enter or remain in the United Kingdom by virtue of those rules (other than by primary legislation), but other persons may be added as Ministers consider appropriate.”

This amendment would ensure that the range of persons entitled under UK law to benefit from the rights set out in the Withdrawal Agreement cannot be reduced except by primary legislation.

Amendment 27, page 10, line 41, at end insert—

‘(3A) Regulations made under this section may not prevent EEA and Swiss nationals, or their family members, who are resident in the United Kingdom on or prior to 31 December 2020 applying for settled status at any time.”

This amendment would ensure that people eligible for settled status would not be prevented from obtaining it by an application deadline.

Clause stand part.

Clauses 8 to 10 stand part.

Amendment 2, in clause 11, page 14, line 2, leave out subsection (1) and insert—

‘(1) A person may appeal against a citizens’ rights immigration decision to the First-tier Tribunal.”

This amendment would give a right of appeal against a citizens’ rights immigration decision.

Amendment 3, page 14, line 24, leave out subsections (3) and (4) and insert—

‘(3) Subject to subsection (4), while an appeal is pending, the person concerned shall be deemed to have all the rights associated with indefinite leave to remain under the residence scheme immigration rules, in particular as concerns residence, employment, access to social security benefits and other services.

(4) Subsection (3) does not apply to an appeal against a decision falling within subsection (2)(a) or (c).

(4A) “Pending” shall have the same meaning for the purposes of subsections (3) and (4) as in section 104 of the Nationality, Immigration and Asylum Act 2002.”

This amendment would protect the rights of EU citizens while their appeals are pending.

Amendment 20, page 14, line 24, leave out “also”

This amendment is consequential on Amendment 2.

Amendment 7, page 14, line 25, leave out “(including judicial reviews)”

This amendment would remove the power being provided to ministers to make regulations about judicial review of certain immigration decisions.

Amendment 21, page 14, line 27, leave out “(1) or”

This amendment is consequential on Amendment 2.

Clauses 11 to 14 stand part.

That schedule 1 be the First schedule to the Bill.

Clause 15 stand part.

Amendment 22, in schedule 2, page 46, line 12, leave out “Secretary of State” and insert

“Independent Chief Inspector of Borders and Immigration”.

This amendment would make the Independent Chief Inspector of Borders and Immigration responsible for appointing non-executive members to the independent monitoring authority, rather than the Secretary of State.

Amendment 23, page 46, line 20, leave out “Secretary of State” and insert

“Independent Chief Inspector of Borders and Immigration”.

This amendment would make the Independent Chief Inspector of Borders and Immigration, rather than the Secretary of State, jointly responsible with non-executive members of the Independent Monitoring Authority for ensuring that, as far as possible, numbers of non-executive members exceed the number of executive members on the IMA.

Amendment 37, page 59, line 15, leave out paragraphs 39 and 40

This amendment would require any transfer or abolition of the functions of Independent Monitoring Authority for the Citizens’ Rights Agreements to be by way of primary legislation.

That schedule 2 be the Second schedule to the Bill.

Clauses 16 and 17 stand part.

New clause 5—Protecting EU Citizens’ Rights—

‘(1) This section applies to—

(a) European Union citizens having the right to reside permanently in the UK according to Article 15 (“Rights of permanent residence”) of the Withdrawal Agreement;

(b) persons to whom the provisions in (a) do not apply but who are eligible for indefinite leave to enter or remain, or limited leave to enter or remain by virtue of residence scheme immigration rules (see section 17).

(2) A person to which this section applies has the rights and obligations provided in Article 12 and Title II Part II ‘Citizens’ Rights’ of the Withdrawal Agreement.

(3) The Secretary of State must by regulations make provision—

(a) implementing article 18(4) of the withdrawal agreement (right of eligible citizens to receive a residence document), including making provision for a physical document providing proof of residence;

(b) implementing article 17(4) of the EEA EFTA separation agreement (right of eligible citizens to receive a residence document) including making provision for a physical document providing proof of residence;

(c) implementing article 16(4) of the Swiss citizens’ rights agreement (right of eligible citizens to receive a residence document) including making provision for a physical document providing proof of residence.

(4) No provision of this or any other enactment, or adopted under this or any other enactment, may be used to require European Union nationals and their family members, or nationals of Iceland, Norway, Liechtenstein and Switzerland and their family members, who reside in the United Kingdom immediately prior to the end of the implementation period, to apply for a new residence status under Article 18(1) of the Withdrawal Agreement, or to introduce a deadline for applications under residence scheme immigration rules or relevant entry clearance rules.

(5) Residence scheme immigration rules and relevant entry clearance immigration rules may not be amended to provide that any person who benefited or is eligible to benefit under those rules on the day on which this Act is passed benefits any less than he benefited or was eligible to benefit on the day on which this Act is passed.”

This new clause provides for all EU citizens who are resident in the UK before exit day to have the right of permanent residence, whether or not they have been exercising treaty rights, and makes sure that every person who is entitled to settled status has the same rights.

New clause 18—Fee levels and exemptions—

‘(1) No person to whom regulations under section 7(1) (as qualified by section 7(2) and 7(3)) apply may be charged a fee to register as a British citizen that is higher than the cost to the Secretary of State of exercising the function of registration.

(2) No child of a person to whom subsection (1) applies may be charged a fee to register as a British citizen if that child is receiving the assistance of a local authority.

(3) No child of a person to whom subsection (1) applies may be charged a fee to register as a British citizen that the child or the child’s parent, guardian or carer is unable to afford.

(4) The Secretary of State must take steps to raise awareness of people to whom this section applies of their rights under the British Nationality Act 1981 to register as British citizens.

(5) A Minister of the Crown may amend, waive or restrict any requirement of any other person to pay a fee to register as a British citizen where the Secretary of State considers it appropriate or necessary to do so in consequence of any discrimination between people of, or children of people of, differing nationality or other status.”

This new clause would ensure that persons entitled to benefit from the citizens’ rights protections in the Bill did not miss out on registering as a citizen of the UK because of the level of fee currently charged.

New clause 33—EU Settlement Scheme: physical documented proof—

‘The Secretary of State must make provision to ensure that EEA and Swiss nationals and their family members who are granted settled or pre-settled status are provided with physical documented proof of that status.”

This new clause would require the Government to provide physical documents to enable people to prove their settled status.

New clause 34—Settled status: right to appeal—

‘(1) A person may appeal against a settled status decision to the First-tier Tribunal.

(2) A settled status decision includes a decision—

(a) to refuse to grant leave to remain under Appendix EU of the Immigration Rules made under section 3(2) of the Immigration Act 1971, or

(b) to grant limited leave to remain under Appendix EU of the Immigration Rules made under section 3(2) of the Immigration Act 1971 to a person who has applied for indefinite leave to remain under that Appendix.

(3) An appeal against a decision under subsection 2(b) may be brought only on the grounds that the person is entitled to indefinite leave to remain under Appendix EU of the Immigration Rules.

(4) While an appeal under subsection 2(a) is pending, the person concerned shall be deemed to have all the rights associated with indefinite leave to remain under Appendix EU of the Immigration Rules in particular as concerns residence, employment, access to social security benefits and other services.

(5) While an appeal under subsection 2(b) is pending, the limited leave to remain granted under Appendix EU to the Immigration Rules shall continue in force.

(6) “Pending” shall have the same meaning for the purposes of subsections (4) and (5) above as in section 104 of the Nationality, Immigration and Asylum Act 2002.”

This new clause would establish a right to appeal settled status decisions.

[Stuart C. McDonald]

It is a pleasure to serve under your chairmanship, Sir George.

For us, this part of the Bill is relentlessly dire. For decades, British citizens and citizens across Europe have enjoyed the extraordinary benefits of free movement—to live, work and study across a continent. This part of the Bill implements part 2 of the withdrawal agreement, the part that brings all those benefits of free movement to a crashing halt. Future generations throughout Europe will miss out, but none more than UK citizens.

[The First Deputy Chairman]

Order. I hope that those who are standing at the back of the Chamber will take the advice that it is discourteous to chunter while the hon. Gentleman is speaking.

--- Later in debate ---

[Peter Grant (Glenrothes) (SNP)]

As the Minister will know, I questioned the Prime Minister on this issue on 25 July. I reminded him that during the referendum he personally promised that no EU citizen living in the UK would be treated any less favourably as a result of our leaving the European Union. I asked the Prime Minister whether he would

“now guarantee the right to healthcare, pension rights, the right to leave and return, the right to bring over family, the right to vote and all the other rights currently enjoyed by EU citizens”.—[Official Report, 25 July 2019; Vol. 663, c. 1498.]

The Prime Minister, at the Dispatch Box, told me and this House that the Government were giving those guarantees “unilaterally”. Which clauses make good on those promises from the Prime Minister about the right to pensions, the right to healthcare and the right to bring family members over at some time in the future? If they are not in the Bill, the Prime Minister has made promises from the Dispatch Box that the Government have no intention of keeping.

[The First Deputy Chairman of Ways and Means (Sir George Howarth)]

Order. I draw Members’ attention to the fact that interventions should be brief and to the point. I am not necessarily saying the hon. Gentleman’s was not, but for further reference I think that advice should be taken.

[Brandon Lewis]

Thank you, Sir George. As my right hon. and hon. Friends will outline, we are working with our colleagues and friends around Europe, and they are all very happy with the scheme. In fact, as I will come to in a few moments, our scheme is far more generous than what many countries around Europe offer to UK citizens. I hope that will change, but this programme does deliver—I will come to some specifics in further clauses, but I am sticking to the clauses that are before us today. It is delivering a scheme that, as I say, has had over 2.8 million applications already, and nearly 2.5 million people have already been granted status. That is a success. EU citizens in the UK also have until the end of June 2021 to apply.

--- Later in debate ---

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

I thank you, Sir George, and the many Members who have made contributions today. Some really important points have been made on all the amendments on this crucial subject, which many of us who served on the Home Affairs Committee in the previous Parliament examined in great detail. The Minister gave a rosy depiction of how the scheme is working and how everything will function. Of course, we would all like to see people register for the scheme and get the right information, and we would all like to see more digital systems that work for everybody. The reality, though, is somewhat different, as those of us who have regular daily experiences with the immigration system on behalf of our constituents, and who have seen the many pieces of evidence that we took on the Home Affairs Committee, recognise.

The amendments that have been tabled, including by my party’s Front-Bench team, which I support, are there to improve the system and ensure that it actually delivers the rights that were promised to EU citizens and EEA citizens who have been resident in this country for many years and who have, as many have said in this debate, made huge contributions to our communities and to our country as a whole. Certainly in my own constituency, the contribution of EU citizens over many decades has been immense. Over the past few years, many constituents have come to me with concerns about the scheme, including those that are reflected in the amendments that many of us are supporting this evening.

We are not scaremongering if we look at the record of the Home Office and its continued failures on a series of issues. We have only to look back to 2017, when the Home Office sent letters to 100 EU citizens telling them that they had to leave the UK immediately—an episode for which the then Prime Minister, the right hon. Member for Maidenhead (Mrs May), had to apologise in 2018. Members of Parliament were sent letters about the importance of applying for the EU settlement scheme, even though they were not EU nationals. It was an extraordinary situation, which the then Home Secretary had to explain.

One has only to look at the regular monthly statistics from the Home Office to see the number of cases of wrongful deportations and wrongful detentions as a result of the hostile environment policy and as a result of mistakes and problems. That is why appeal rights are so crucial. If we look at the compensation pay-outs that are being made when the Home Office makes mistakes, we can see how much this is costing the Government. We have all those examples and, of course, the example of the Windrush scandal, which was so shocking and so shaming to our country. People who had contributed to our country over so many years were treated in such an incredible way. With all those examples ringing in our ears, we should be taking these issues incredibly seriously. I urge the Minister and the Government, and those in the other place when they are examining these parts of the Bill, to look seriously at ways in which this legislation can be improved, so that we can deliver on the commitments that have been made. I do not doubt the Minister’s intent. I am sure that he is sincere in wanting to provide EU citizens with the rights that they deserve, but the reality is often different.

I want to raise with the Minister the specific point about physical documentation. Of course we all want to see digitalisation; we all want to see more efficient systems. We all want to see a system where we can quickly get information—whether that is employers, housing providers or other providers of services—to ensure that people receive the things that they are entitled to under the law. But the reality is, as we all know, that these systems break down. There are mistakes in them and names are often rendered incorrectly. What is the back-up? What will happen when somebody is trying to apply for a house, access medical services, apply for a job or apply for an education that they are entitled to in this country and the system breaks down? The computer may say no, or the blue screen of death may come up on the computer. Whatever the problem, we all know that these things fail.

When we are talking about such a fundamental thing as the right to live, work and exercise rights in this country, which many EU citizens should have under this legislation and deserve, we have to ensure that there is back-up. We have our birth certificates and passports—physical documents for the most crucial aspects of our rights and citizenship rights in this country. I caution the Minister: when the mistakes happen—the inevitable breakdown, a cyber-attack on the system or the system becoming unavailable—what will happen to the people who get caught up in them? All those mistakes will generate not only a huge cost for the Government in rectifying them in due course, but great harm and concern to the individuals involved. Anyone who deals with the immigration system on a weekly basis, as many of us do, can point to myriad examples.

There is also the crucial issue of numbers, which the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald), who served with me on the Home Affairs Committee, mentioned. No exercise on this scale has been attempted before the registration of millions of individuals under this system. Problems are inevitably going to occur, not least when the Government themselves cannot tell us exactly how many EU and EEA citizens are lawfully resident in the UK. They also cannot tell us—this has been asked on a number of occasions—how many people they estimate will not have applied by the deadline that is now being put in place. I find it deeply worrying that the Government propose to implement a policy without even knowing the number of people that it is going to affect. We do not want to see the unlawful detentions and deportations of individuals that we have sadly seen in the past, nor the harm they cause to the individuals whose rights are affected.

This issue goes back to some fundamental promises that were made—not only by the current Prime Minister, but by the previous Prime Minister and by those who advocated leaving in the first place. The3million campaign, which has done so much good to highlight the concerns of those affected by these changes, rightly points out that it was made clear during the 2016 referendum that there should be

“no change for EU citizens already lawfully resident in the UK…EU citizens will automatically be granted indefinite leave to remain in the UK and will be treated no less favourably than they are at present.”

That was a clear promise and a solemn undertaking, and it is one that has been repeated by the Prime Minister and Ministers since. I have no doubt that the Minister intends these measures in good faith, but the reality of accessing the scheme, demonstrating those rights and being able to prove that they are being lawfully exercised will be very different. I think we will be picking up the pieces of this in years to come, so I urge the Minister to look carefully at these amendments.

[The First Deputy Chairman of Ways and Means (Sir George Howarth)]

I call Sir Desmond Swayne, who is known for many things in the House, not least his brevity.

[Sir Desmond Swayne]

Thank you, Sir George.

I am persuaded that the amendments are unnecessary, and I support the provisions of the Bill. But just one word of caution: I have received a number of inquiries from constituents—European citizens—who clearly have not been reached at all by any of the outreach, such are the basic questions that they ask. Indeed, I received one such inquiry today. On that score, when I think about it, I do not know whether I have been living in a bubble, but I have not seen any of that outreach at all myself. Admittedly, I have not been looking for it. Nevertheless, I just ask Ministers to re-examine the outreach that there has been and to reassure their level of confidence that it is adequate.

--- Later in debate ---

[Brandon Lewis]

Yes, absolutely.

I say to my right hon. Friend the Member for New Forest West (Sir Desmond Swayne) that we are always reviewing the outreach work. The Home Secretary and I are particularly focused on this work to make sure that it is not just giving good value for money for the taxpayer but is also reaching the hardest-to-reach places and communities in the country. We are working with some 57 voluntary organisations around the country and with commercial and public sector organisations that employ large numbers of EU citizens, and we will be looking to continue that work and drive it further and further.

It is important that we encourage people to apply for this settled status. It is simple, quick and easy; it delivers on people’s rights; and it delivers on our promises. That is why we will not accept any amendments or new clauses this evening.

[The First Deputy Chairman of Ways and Means (Sir George Howarth)]

Order. I say for the benefit of new Members in particular that although the Minister has responded to the debate, I am now going to call the mover of the lead amendment to conclude and respond to the debate.

[Stuart C. McDonald]

Thank you, Sir George. I thank all hon. Members for their contributions to this robust and very helpful debate in which I think every single speaker spoke of the contribution that EU nationals make to this country and the importance of protecting their rights.

So far so good, but beyond that, there are fundamental differences about how best we do it. Opposition Members say that we must automatically protect EU nationals’ rights in law, so that nobody will lose their rights overnight, while Government Members say that they must apply to stay. The Government have not challenged at all our assertion that that almost certainly means that tens, probably hundreds, of thousands will potentially lose their rights overnight. The Minister said that there will be a period in which anyone with a good, reasonable reason for missing a deadline will be able to get that all fixed. We are possibly talking about a six-figure number—and what is a good, reasonable reason? I gave two hypothetical examples in my speech, one being a French lady who has been here since 1970, has retired, had permanent residence under the old EU scheme, and does not think she needs to apply. There are lots of folk in that boat. Is that a good, reasonable reason—that she did not think she had to apply? What about the Polish guy that I cited? He was born in the United Kingdom. He therefore thought that he was British because his father was British, but actually, because of his parents’ marital status at the time of his birth, he is not British. He fails to apply. Is that a good, reasonable reason—that he thought he was British but was wrong about nationality law?

There will be tens of thousands of cases just like that, and the Government have done absolutely nothing to reassure us about the cliff edge that awaits us. Amendment 5 would go some way towards solving that by putting in place a declaratory system. The Opposition’s new clause 5 is more comprehensive. I therefore beg to ask leave to withdraw the amendment so that we can support the new clause instead.

Amendment, by leave, withdrawn.

Clause 7 ordered to stand part of the Bill.

Clauses 8 to 14 ordered to stand part of the Bill.

Schedule 1 agreed to.

Clause 15 ordered to stand part of the Bill.

Schedule 2 agreed to.

Clauses 16 and 17 ordered to stand part of the Bill.

[The First Deputy Chairman]

Before I put the Question on the first new clause to be voted on, I should inform Members that the split of letters at the desks in the Division Lobbies has changed slightly—there’s a treat! Members whose surname begins with G will now need to go to the middle desk instead of the left-hand desk. There have been no other changes. The distribution of names is different in the new Parliament and the revised lettering should mean that the queues at the desks are more even.

New Clause 5

Protecting EU Citizens’ Rights

“(1) This section applies to—

(a) European Union citizens having the right to reside permanently in the UK according to Article 15 (“Rights of permanent residence”) of the Withdrawal Agreement;

(b) persons to whom the provisions in (a) do not apply but who are eligible for indefinite leave to enter or remain, or limited leave to enter or remain by virtue of residence scheme immigration rules (see section 17).

(2) A person to which this section applies has the rights and obligations provided in Article 12 and Title II Part II ‘Citizens’ Rights’ of the Withdrawal Agreement.

(3) The Secretary of State must by regulations make provision—

(a) implementing article 18(4) of the withdrawal agreement (right of eligible citizens to receive a residence document), including making provision for a physical document providing proof of residence;

(b) implementing article 17(4) of the EEA EFTA separation agreement (right of eligible citizens to receive a residence document) including making provision for a physical document providing proof of residence;

(c) implementing article 16(4) of the Swiss citizens’ rights agreement (right of eligible citizens to receive a residence document) including making provision for a physical document providing proof of residence.

(4) No provision of this or any other enactment, or adopted under this or any other enactment, may be used to require European Union nationals and their family members, or nationals of Iceland, Norway, Liechtenstein and Switzerland and their family members, who reside in the United Kingdom immediately prior to the end of the implementation period, to apply for a new residence status under Article 18(1) of the Withdrawal Agreement, or to introduce a deadline for applications under residence scheme immigration rules or relevant entry clearance rules.

(5) Residence scheme immigration rules and relevant entry clearance immigration rules may not be amended to provide that any person who benefited or is eligible to benefit under those rules on the day on which this Act is passed benefits any less than he benefited or was eligible to benefit on the day on which this Act is passed.”—(Paul Blomfield.)

This new clause provides for all EU citizens who are resident in the UK before exit day to have the right of permanent residence, whether or not they have been exercising treaty rights, and makes sure that every person who is entitled to settled status has the same rights.

Brought up, and read the First time.

Question put, That the clause be read a Second time.

Compliance with the European Union (Withdrawal) (No. 2) Act 2019

George Howarth Excerpts

Thursday 26th September 2019 Commons Chamber

[James Duddridge]

I thank the hon. Lady for the work she does on defence and for giving me the opportunity to confirm this Government’s belief in the international rule of law, specifically and incredibly importantly in relation to NATO. Although exiting the European Union is rightly taking up an awful lot of time in this House, the relationship across the eastern border and with NATO is potentially more important than it has been for a long time. Our NATO allies, whether in meetings in Addis or in normal NATO meetings, should know that they can rely on the United Kingdom as they have done in the past.

[Sir George Howarth (Knowsley) (Lab)]

The Minister earlier appropriated the words of Harold Wilson when he said that a week is a long time in politics, so what does he think is going to happen in the next week—or, for that matter, the next month—that will change the terms of the Benn Act?

[James Duddridge]

I thank the right hon. Gentleman for reminding me whose words I was stealing to try to sound eloquent. Anybody in this House who predicted where we might be in a week would be a fool. If anyone does have any certainty, I suggest that they head to the bookies, shop.

European Union (Withdrawal) Bill

George Howarth Excerpts

Ping Pong: House of Commons
Wednesday 20th June 2018 Commons Chamber

[Anna Soubry]

I am concerned that the editor of the Daily Mail has made a small doll that looks like me and is sticking pins in its throat, as every time I want to speak, I get this wretched infection. However, I want to make some very important points.

I completely agree with all the arguments advanced by my hon. Friend the Member for Eddisbury (Antoinette Sandbach). History will recall what a remarkably brave woman she has been throughout all of this. I, too, will vote for the amendment, because I agree with much of what has been said: this needs to be in statute. I pay real tribute to my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve), who has yet again shown outstanding leadership and courage, as indeed have many Members of the House of Lords. It is in tribute to them, if nothing else, that I shall vote for this amendment. But primarily I shall vote for it because it is in the interests of all my constituents. I was elected to come here to represent all of them, including the 53% who did not vote for me, and the 48% who voted to remain, who have been sidelined and abused. The big mistake that we have made, from the outset of all that has followed from the referendum result, is that we have not included them.

Finally, I say gently to my hon. Friend the Member for Shipley (Philip Davies) that he has to remember that some hon. Members will vote with the Government today as an act of faith and trust in the Prime Minister that the sort of comment he made will no longer exist in this party, and that we will be more united. It is her role, if I may say so, to make sure that we have more temperate speeches.

[Mr George Howarth (Knowsley) (Lab)]

Like my right hon. Friend the Member for Leeds Central (Hilary Benn), I hold the right hon. and learned Member for Beaconsfield (Mr Grieve) in very high regard for his integrity and fluency. I do, however, say gently that he is in danger of turning into a modern-day grand old Duke of York. There are only so many times you can march the troops up the hill and down again without losing integrity completely. In the little time remaining, I want to talk about neutral motions, which are at the centre of this dispute—

European Union (Withdrawal) Bill

George Howarth Excerpts

Thursday 7th September 2017 Commons Chamber

[Mr George Howarth (Knowsley) (Lab)]

I, too, congratulate my hon. Friend the Member for Canterbury (Rosie Duffield) on a speech that was fluent, forceful and, at the same time, generous to her predecessor. Her speech has also made me determined me to visit Canterbury, which sounds such a delightful place.

I have a few points: on why people voted to leave in the referendum; on where the Bill stands in relation to why people voted to leave; and on how all the other aspects of Brexit are going, and how they relate back to why people voted as they did. There may be other areas, but there are three that I think are most relevant. First, people voted to restore the sovereignty of the United Kingdom. However they define that sovereignty, the issue was certainly debated forcefully, and it was occasionally raised on the doorstep—I use the word “occasionally” advisedly.

Secondly, people voted to restore some kind of economic independence. People felt that we were spending too much money in Europe and that we would be better off outside, where we could negotiate better trade arrangements with the rest of the world—everything in the garden would be rosy. Thirdly, the issue most commonly raised with me on the doorstep was immigration.

I will briefly address those three points. On the first issue of sovereignty, the hon. Member for Stone (Sir William Cash) and the right hon. Member for Wokingham (John Redwood) can dance on the head of a pin all they want about what the Bill actually does but, as my right hon. and learned Friend the Member for Holborn and St Pancras (Keir Starmer) so forensically demonstrated, the Bill is a transfer of power from Parliament and towards the Executive. That certainly is not what the people in my constituency voted for.

Secondly, on economic independence, apart from the fact that it will potentially cost us £70 billion just to walk away, people did not vote for a worse trade deal and for worse economic relationships within the European community. Okay, I accept that the Prime Minister says, “You can’t leave and, at the same time, be a member of the single market. You cannot leave and, at the same time, be a member of the customs union.” I am sure she is right, but let us be honest about what we know the Government are seeking to do.

[Peter Grant]

Please will the right hon. Gentleman explain Norway’s arrangement? Norway has never been in the European Union but is a full member of the customs union and single market, as are Iceland and Liechtenstein. It is a complete fallacy to suggest that being outside the EU has to mean a country is outside the single market—unless it chooses to be.

[Mr Howarth]

The hon. Gentleman makes a good point. The one I was going to make is that if we are being brutally honest, we all know what is going to happen. The Government, through the negotiations, are going to find a set of arrangements as close as possible to being part of the single market but without being a member of it and something approximating the customs union. If they do not do that, they will not be looking after the best interests of this country. That much we know, which leads me on to the question about immigration.

If the Government are going to achieve anything approximating the customs union and some sort of relationship with the single market, the price they are going to have to pay is to agree some sort of approximate arrangements about the free movement of labour between the UK and the EU. Ministers might say, “Well, we can do that.” No, you can’t. The reality is that if the people negotiating on behalf of the EU were to say, “Okay UK, you can have something that approximates the single market and customs union, and you don’t need to worry about any free movement of labour”, they would soon be removed from their negotiating positions. This idea is not realistic.

Where are we in this audit of what we have achieved since the referendum? First, we have a set of arrangements in this Bill that are less democratic, and that give less power to Parliament and more power to the Executive. That is hardly what was promised in the referendum. Secondly, we are likely to be paying £70 billion for the privilege of leaving—not getting £350 million a week to put back into the health service. Finally, if we get anything like reasonable arrangements on our economic relationship with the EU, we are going to have to accept some level of free movement of labour. Everything people voted for is going to be betrayed.

Brexit and Foreign Affairs

George Howarth Excerpts

Monday 26th June 2017 Commons Chamber

[Chris Bryant]

rose—

[Mr Deputy Speaker (Mr George Howarth)]

Order. The Secretary of State has indicated that he is not going to give way to the hon. Gentleman, and I think the hon. Gentleman needs to accept that.

[Mr Davis]

If the House wants a Brexit deal that drives prosperity and living standards and if it really wants a Brexit for jobs, it must put its faith in free trade and ensure that our exit means that we can embrace the opportunities to the full. Let us move beyond the platitudinous propaganda of hard and soft Brexits. Let us instead discuss how we shall fashion our new place in the world and start to act together truly in the national interest. I will give way to the hon. Member for Rhondda (Chris Bryant) now.

--- Later in debate ---

[Mr Davis]

rose—

[Mr Deputy Speaker (Mr George Howarth)]

Order. I know that that intervention was short by the standards of the hon. Member for Stone (Sir William Cash), but by the standards of an intervention it was very long.

[Mr Davis]

Nevertheless, it was a crisp characterisation of an argument that my hon. Friend has been making for many years, Mr Deputy Speaker, and he is as right about it today as he was when he first made it.

An extensive legislative agenda is necessary to prepare the UK for its new place in the world. Working together in the national interest will be crucial as we go through the process in this House and the other place to put the necessary legislation in position to ensure that our laws work effectively on the day we leave the European Union. For my part, I am willing to work with anyone to that end. The sheer importance of this issue makes that essential. The eyes of the country will be on us all, and we will all be judged on our willingness to work pragmatically and effectively together to deliver the verdict of the people in last year’s referendum.

Nothing is more central to this than the so-called great repeal Bill. The principle is straightforward: it is to repeal the European Communities Act 1972 and to transfer existing European Union law into UK law. To answer a question that my opposite number, the right hon. and learned Member for Holborn and St Pancras (Keir Starmer), has raised, these rights and freedoms will be brought into UK law without qualification, without limitation and without any sunset clauses. Any material changes will be dealt with by subsequent primary legislation.

I cannot stress enough to the House and to the nation the importance of this Bill in ensuring that we have a smooth and orderly exit from the European Union. Every part of the United Kingdom needs to prepare its statute book to ensure that it can function after we leave the European Union. The repeal Bill will give the devolved Administrations the power to do just that, to ensure a smooth and orderly exit for all. As we have also said repeatedly, we expect there to be a significant increase in the decision-making power of each devolved Administration once we exit the EU. That is why, given that the Bill will affect the powers of the devolved institutions and that it legislates in devolved areas, we will seek the consent of the devolved legislatures for the Bill. We would like everyone to come together in support of the legislation, which will be crucial to delivering the outcome of the referendum.

--- Later in debate ---

[Mike Gapes]

Does the shadow Secretary of State agree that the best way to get the benefits of the single market is by staying in it? [Interruption.]

[Mr Deputy Speaker (Mr George Howarth)]

Order. The shadow Secretary of State will be heard, and if that means people being removed from Chamber, that will happen.

[Keir Starmer]

Our manifesto was absolutely clear about retaining the benefits of the single market and the customs union. As for membership, although almost everybody who wants a progressive new relationship with the EU wants to retain the benefits of the single market and the customs union, almost everybody accepts that that cannot be done in an unreformed way, because of the rules of the single market as they now are. The question of whether we start from reform of the single market or from a bare agreement and then work up is secondary to the outcome we want to achieve. The outcome we want to achieve is: no tariffs for goods going across from us to the EU, and vice-versa; no new red tape at customs, including rules of origin; and a deal that works for services as well as for goods.

We have to recognise the concerns of the EU, and two in particular. First, the main concern is that if we are released from all obligations of a regulatory nature in relation to moving goods and services across Europe, we will be able to undercut EU countries economically. Secondly, if we strike free trade agreements that are released from any of the standards and regulations that they apply, there is the prospect of flooding the UK with goods and products from other countries which do not meet those standards and/or go into Europe. Those are the issues we need to negotiate.

--- Later in debate ---

[Keir Starmer]

I am not sure how I respond—[Laughter.]

[Mr Deputy Speaker (Mr George Howarth)]

Order. I am not quite sure what all the hilarity is for. This is a very serious matter and it should be debated in a serious manner.

[Keir Starmer]

I am just considering how I respond to a cry of “chaos” from a Government who two months ago had a majority but now have a minority and are going into a grubby deal with the DUP. The Secretary of State will have heard exactly how I put it: we focus on retaining the benefits of the single market and the customs union—the exact same benefits, to use his phrase. [Interruption.] I am answering the question. The Secretary of State talked about the “exact same benefits” of the customs union. How is that to be achieved? [Interruption.] You did. You know you did, because we have put it to you several times since. My answer was not a fixed position saying, “We must have this model when we start the negotiations.” My answer is: focus on the outcomes and leave options on the agreement until we have some assessment of the risk and costs of the different options. One thing we do not have from the Government is any assessment of the risks and costs.

--- Later in debate ---

[Keir Starmer]

I am going to press on to dealing with transitional agreements—[Interruption.]

[Mr Deputy Speaker]

Order. I am not sure what part of the words “I am going to press on” right hon. and hon. Members do not understand. The Opposition spokesman has made it clear that he intends, for the present, to press on, and that should be respected until such time as he changes his mind.

[Keir Starmer]

Thank you, Mr Deputy Speaker. If we are to obtain the exact same benefits of the single market and the customs union, it would be a good start if the Government now accepted that the negotiations will not be complete by March 2019, that transitional arrangements will be needed if we are to avoid a cliff edge and that transitional arrangements must safeguard our economy and jobs, and provide certainty for business. This also means that by the time of the final agreement at the end of transitional arrangements, a model or framework will have to have been agreed which truly does deliver the exact same benefits as the single market and the customs union. We also need a recognition—if we are being honest—that in the end, if we are going to have a meaningful and ongoing relationship with the EU, a court-like body will be needed to settle disputes. I refer not just to state to state disputes, but business to business disputes and individual to individual disputes.

We need to address a further issue on reset: the involvement of Parliament. For the first six months after the referendum decision, the Government fought in the courts to prevent this House having a say even on the triggering of article 50. They then called a general election to crush the opposition to their Brexit strategy, and that approach has to change. There needs to be a much stronger role for Parliament; we need to strengthen scrutiny and accountability, not push it away. Let us start in the following way—I hope and believe this will be agreed: this House needs a formal statement from the Secretary of State after each round of the negotiations, so that we can hear how he reports on progress and we can ask questions. I ask him to set that precedent now and agree that he will come to this House to report in a formal statement.

--- Later in debate ---

[Several hon. Members rose—]

[Mr Deputy Speaker (Mr George Howarth)]

Order. Before we move on to the next speech, may I announce that, to begin with, there will be an eight-minute limit on Back-Bench speeches? Almost inevitably, that will have to be reduced still further later in the debate.

European Union (Notification of Withdrawal) Bill

George Howarth Excerpts

3rd reading: House of Commons & Committee: 3rd sitting: House of Commons & Report stage: House of Commons
Wednesday 8th February 2017 Commons Chamber

[Mr Vaizey]

My hon. Friend makes an interesting point. In fact, in answering him I may slightly contradict my earlier rant. I have significant concerns that our exit from the EU could potentially damage British science because of our close collaboration with the EU, but some scientists in my constituency have pointed out that there is a danger of our becoming too inward-looking in only seeking European scientific collaboration. Whatever one thinks of other issues, China is certainly becoming a much more important player in scientific research. There may be a silver lining to the withdrawal from Euratom.

My hon. Friend is also right to point out that securing funding for nuclear fusion is no easy task. In some respects, nuclear fusion is always the gold at the end of the rainbow. Nevertheless, it is extremely important research and I support it 100%, both in general and for the impact it has on my constituency.

I have taken so long that Mrs Laing has turned into Mr Howarth. Having made a gentle jibe earlier at the hon. and learned Member for Edinburgh South West, I see that I have taken up an inordinate amount of the Committee’s time, so I will sit down. I simply reiterate that I stand foursquare behind EU citizens living in our country. Please do not keep banging on about how easy free trade is going to be and please secure our nuclear relationships as far as possible.

[The Temporary Chair (Mr George Howarth)]

I now have to announce the results of today’s seven deferred Divisions. On the motion relating to trade unions and education, the Ayes were 327 and the Noes were 264, so the Question was agreed to.

On the motion relating to trade unions and transport, the Ayes were 328 and the Noes were 263, so the Question was agreed to.

On the motion relating to trade unions and health, the Ayes were 323 and the Noes were 263, so the Question was agreed to.

On the motion relating to trade unions and border security, the Ayes were 323 and the Noes were 263, so the Question was agreed to.

On the motion relating to trade unions and fire, the Ayes were 323 and the Noes were 262, so the Question was agreed to.

On the motion relating to trade union political funds, the Ayes were 322 and the Noes were 254, so the Question was agreed to.

On the motion relating to the comprehensive economic trade agreement between the EU and Canada, the Ayes were 409 and the Noes were 126, so the Question was agreed to.

[The Division lists are published at the end of today’s debates.]

[Mike Gapes]

It is a great pleasure to serve under your chairmanship, Mr Howarth. I do not want to go on for too long, but nine amendments in my name have been selected, though I will not speak to all of them. Amendment 31 relates to the implications of leaving Euratom. I agree very strongly with the concerns expressed by the right hon. Member for Wantage (Mr Vaizey). He also talked about the implications of the decision to leave the European Union for British citizens overseas. I declare an interest as the honorary president of Labour International, which represents the interests of Labour party members who live in other countries, many of whom were able to vote in the referendum. However, those living in the EU for longer than 15 years did not have a vote in the referendum, even though many still have very close connections to this country.

--- Later in debate ---

[Mike Gapes]

I need to make progress. [Interruption.]

[The Temporary Chairman (Mr George Howarth)]

Order. The hon. Gentleman is indicating that he does not intend to give way—certainly not at this stage. I do not think it is conducive to the good order of the business of the Committee if people keep pressing. I am sure that he will signal if, at some point, he wants to give way.

[Mike Gapes]

Thank you, Mr Howarth. I referred to my nine amendments, two of which are minor and drafting amendments. Amendment 23 states that we should, “by 31 March 2017”, notify the country’s intention to leave the EU. I was surprised at the lack of a date in the Bill, given the Prime Minister’s commitment to triggering article 50 by 31 March. I would have thought all Government Members would be prepared to support the amendment, given that it is entirely in line with what the Prime Minister said. For some reason, however, it does not seem to be acceptable to them; I do not know why. Perhaps a Minister could explain that later.

I mentioned amendment 31, on Euratom. Amendment 30 refers to the European Defence Agency. Defence co-operation within the European Union is vital. There is a large number of major defence projects with a components arrangement, whereby parts from one country are assembled in another. For many years, there have been such collaborative arrangements. Frankly, the British defence industry is unable to compete without international involvement. Some companies have moved offshore, in the sense that they have moved across the Atlantic, while others in this country are joint collaborative arrangements. Thales, originally a French company, is now very much a British defence manufacturer. For many reasons, if our defence industry is to be competitive and provide jobs for tens of thousands of highly skilled people in this country, we have to keep that defence industrial base, but that will be possible only through joint collaboration; otherwise, European manufacturers will be swept aside by the United States or other parts of the world. We have seen that already in the way that industries have shifted to Asia.

Anybody who wants to see the whole manufacturing process of a motor vehicle has to go to South Korea, where they press the steel, have the paint shops and engine plants, and fit out the vehicles. When I was a young man in the 1960s, I went on a school visit to Ford Dagenham. I was struck by the noise and the smell of paint. I was 17 years old. I had never been in a place like it. At that point, I realised that making cars was a massive, complex process. The only time I have seen a place like it subsequently was when I went to Hyundai motors in Korea, where I saw the sheets of steel to be pressed. When I more recently visited the Ford Dagenham plant, which is not far from my constituency, all I saw were men in white coats walking around, adjusting things in a complex process, with lots of robots and diesel engines. That is the contrast. We need to think about this. When we leave the EU, we have to make sure that our manufacturing industry, and within that, the defence sector, is maintained and strengthened.

--- Later in debate ---

[Geraint Davies]

On a point of order, Mr Howarth. The hon. Gentleman made a point of order saying that the new clauses were out of order, and was ruled out of order. Now he is saying that his point of order was in order, so I suggest that he is out of order.

[The Temporary Chairman (Mr George Howarth)]

The hon. Gentleman’s point of order, although very entertaining, was not a point of order.

[Kit Malthouse]

Thank you, Mr Howarth. The previous occupant of the Chair corrected me, and said that my point of order was a matter for debate in the Chamber and not, in fact, a point of order. Debating it is therefore exactly what I am attempting to do.

--- Later in debate ---

[Kit Malthouse]

My right hon. Friend may well be right. Perhaps I am—

[The Temporary Chair (Mr George Howarth)]

Order. While the hon. Gentleman is perfectly entitled to debate the quality or otherwise of any amendments or new clauses, he needs to acknowledge that the Chair has deemed all of them to be within scope. So whatever the purpose or otherwise behind them, they are within the scope of the Bill.

[Kit Malthouse]

I am grateful to you for that direction, Mr Howarth, but the previous incumbent of the Chair told me that that was a matter for debate on the Floor of the House, and that we were allowed to debate the merit—

[The Temporary Chair]

Order. And that is exactly what I have just said.

[Kit Malthouse]

Anyway, I have come to the end of my peroration on that particular point and I have a couple of other points.

Quite a lot of these amendments are unenforceable and nonsensical and cannot be supported. I will listen to the rest of the debate and discover whether there are any substantive ones in this potpourri that has been thrown up in the air, as my right hon. Friend the Member for West Dorset (Sir Oliver Letwin) says, to try to fog the issue or create legal difficulties in the future. But for the moment I am afraid I am not able to support the vast majority of them, although I have not read every single one yet.

I wish to make two further points. First, I want to reiterate what I said earlier about Euratom and the nuclear industry. The nuclear industry is of course incredibly important not just to the UK, but to the rest of the world. The UK is a serious nuclear power; there is serious, deep research going on here into the future of nuclear fission and fusion. But we have to recognise that things are changing in the EU nuclear research landscape, and be aware of those decisions, and take them into account when we consider our future association with Euratom.

There is now only one serious nuclear power in the EU, which is France. Germany has taken the decision to withdraw completely from the civil nuclear programme. Belgium is the only other country with a significant number of reactors, but France, with 58 reactors, is the only country truly putting effort into nuclear research, and of course we are fortunate in this country in having a bilateral nuclear collaboration agreement with France.

--- Later in debate ---

[Liam Byrne]

Mr right hon. Friend is making a brilliant and honest speech. When I was the Immigration Minister in 2007, it was clear to me that there could have been a consensus throughout Europe on the reform of free movement. If only the Labour party had pursued it then, when we were in government—indeed, if only the Conservative party had pursued it with care and forensic detail when they came to office in 2010—the Government would not have been forced to offer a bargain-basement deal to the British people when the Prime Minister’s back was against the wall.

[The Temporary Chair (Mr George Howarth)]

Order. I do not want to stifle interventions, but it occurs to me that some people who are intervening and are still hoping to speak will have nothing left to say by the time they get to speak.

[Caroline Flint]

I absolutely agree with that statement by my right hon. Friend the Member for Birmingham, Hodge Hill (Liam Byrne). We should be having a more grown-up discussion about the mistakes that have been made and how we navigate what is for us all uncharted territory. A little humbleness in all that would not go amiss.

European Union (Notification of Withdrawal) Bill

George Howarth Excerpts

Committee: 2nd sitting: House of Commons
Tuesday 7th February 2017 Commons Chamber

[Mr Kenneth Clarke]

My right hon. and learned Friend’s preference is obviously for Parliament to be asked its opinion before any agreement has been signed with the Commission, on the authority of the Council. Does he accept that the 11th hour problem can easily be got around? In the tortuous process of European negotiations, stopping the clock is hardly unknown. If all the member states agreed that the British Government had to be given time to get the approval of Parliament, they would allow two or three weeks to elapse.

Does my right hon. and learned Friend also agree that we need something on paper to clarify these highly important points? Does he join me in inviting the Minister to table an amendment in the House of Lords to give precise effect to whatever the concession is meant to mean? If we pass either new clause 99 or new clause 110, it could be replaced by that Government amendment, if Ministers were to come up with a better clarification. What we cannot do is leave the debate to continue for the next two years on what the Minister did or did not mean when he made his statement to the Committee today.

[The Temporary Chair (Mr George Howarth)]

I say for the benefit of other Members that the right hon. and learned Gentleman has had a very long career—so long, in fact, that he is capable of recognising the difference between an intervention and a speech.

[Mr Grieve]

I am delighted to hear from my right hon. and learned Friend. I do not think it would necessarily be unhelpful—in fact, it would be very helpful—if the Government were in a position to amplify the Minister’s brief statement. However, I acknowledge—I think my right hon. and learned Friend knows this—that doing that by means of an amendment would be rather difficult. I know that Government draftsmen have extreme ingenuity and, indeed, that this issue might be taken up in the other place, but there are difficulties because there is a whole series of conditionalities. I certainly do not wish to fetter the Government in their ability to carry out the negotiation. It has always seemed to me that it would be a great error to do that, because we might undermine the ultimate outcome, to our own detriment. That has worried me throughout the process.

I do not want to take up more of the Committee’s time. Although I have had great difficulty over this matter today and in the days leading up to this debate, my inclination, for the reasons I have given, is to accept the assurance given by my right hon. Friend the Minister, which seems to me to be a constructive step forward. However, he has to face up to the fact that this issue will not go away. Even when we have enacted this Bill and triggered article 50, this will be a recurrent theme throughout the negotiating process that will come back much, much harder as we get closer to the outcome and as it becomes clearer, from all the leaks that will come from Brussels, what sort of deal or non-deal we will have, so the Government had better have a strategy. If their strategy is to avoid this House, I have to say to the Minister that they will fail miserably. I do not want that to happen. I want to guide this process as best I can, as a former Law Officer, towards a satisfactory conclusion.

--- Later in debate ---

[Several hon. Members rose—]

[The Temporary Chair (Mr George Howarth)]

Order. There are four hon. Members who still want to contribute and who have given their names to amendments. However, the Government are likely to come back at 6 o’clock. If everyone takes less than five minutes, I might be able to squeeze in at least four more speakers. It is a gentle reminder; there is no time limit. I call David Lammy.

[Mr Lammy]

I will try to be brief.

I am now entering my 17th year in the House. In that time, it is usual to strike up relationships across the House. I want to make a confession: I have a relationship with the right hon. Member for Chingford and Woodford Green (Mr Duncan Smith)—I am sorry that he is not in his place—who has the unusual honour of also being a fan of Tottenham Hotspur. There have been occasions when we have been at White Hart Lane together, talking about his favourite subject: the sovereignty of this Parliament and the European Union. There have been occasions when my eyes have glazed over, because I do not see the issue in the same way.

In the past few months, as I have grown increasingly depressed about the direction of travel on which we are now set, I have looked for a silver lining. The silver lining is, of course that, in the 17 years that I have been an MP, we have been in the European Union—effectively, we had decided to pool some of our sovereignty with Europe, which meant that I had less power. Well, the power is now coming back, and, as a result of all the work of the right hon. Gentleman, the hon. Member for Stone (Sir William Cash) and others, I will be a powerful Member of Parliament. Yet we are now in a situation, in this important time, in which we need that sovereignty, and the very same people who were asking for it now stand up to argue that we should put that power somewhere else.

Many hon. Members who have been Back Benchers for some years argue that we should put the power with the Executive, and that the Prime Minister and her Cabinet should make all the huge decisions about our economy and direction of travel. They argue, perversely, that the power should solely be with the 27 other countries of the European Union, and that they should determine our direction alongside the European Commission, the Council and, ultimately, the European Parliament—power everywhere else except here. And who will suffer as a consequence of this Parliament not acting? Our constituents. That is why this is not the time to play party politics and why I was happy to vote against my party last week. This is absolutely the time to stand up for our constituents.

European Union (Notification of Withdrawal) Bill

George Howarth Excerpts

Committee: 1st sitting: House of Commons
Monday 6th February 2017 Commons Chamber

[Mr Harper]

I do not know whether my hon. Friend heard what I said earlier, but I meant it very sincerely. More than 4,000 EU nationals do not fit the description that she has given. They are people who are here and have abused our hospitality by committing crimes for which they have been sent to prison. The problem with a blanket approach is that it will give those people the right to stay here. Having dealt with individual cases, I know that nothing will do more damage to the British people’s wish to welcome EU nationals than our not being able to deport people who came here as EU nationals and then committed serious crimes. Has my hon. Friend given any thought to that?

[The Temporary Chairman (Mr George Howarth)]

Order. In the brief time for which I have been in the Chair, I have noted that some of the interventions seem to be getting excessively long. I remind Members that interventions should be confined to a single point, and a short one at that.

[Heidi Allen]

You will be pleased to know that my speech is very short, Mr Howarth, so I do not have much more to get through.

[The Temporary Chairman]

I was talking about interventions, not speeches.

[Heidi Allen]

If the interventions are long, my speech will be short.

Let me say this to my right hon. Friend the Member for Forest of Dean (Mr Harper). Nothing is perfect, but should the policy that we make be based on a few bad apples or on the rights of thousands of fabulous citizens who come here and contribute? What we are discussing today is whether we should be offering unilateral rights to them before securing rights for our UK citizens abroad. I have a sense of what is the moral and right thing to do. I believe that we should be leading the way, and offering those rights unilaterally to EU citizens in the UK.

--- Later in debate ---

[Several hon. Members rose—]

[The Temporary Chair (Mr George Howarth)]

Order. I am anxious to get in as many of the people who have sat throughout the debate as possible. There is no time limit and I am not going to impose one, but if those who remain take five minutes, or preferably fewer, it might be possible to get everyone in.

[Dr Wollaston]

I wish to start by reading something from a letter I have received from a constituent. He talks about his wife, who was born in the Netherlands. He writes:

“She has lived in this country for over 30 years, brought up three British children and is completely integrated into the life of her local town. She is not part of any ‘immigrant community’. She just lives here and is fully at home here. Until now, she has never seen herself as an outsider and has been able to participate fully in local life, thanks to her rights as an EU citizen. In two years’ time, she will lose those rights and be a foreigner, dependent on the good will of the Government of the day.”

I have written back to and met my constituent, because I think it is inconceivable that our Prime Minister would separate this family. However, many people are not reassured, and he and his wife sought for her to have permanent residency. This involved dealing with an 85-page document, including an English language test and a test about life in Britain, which is insulting to someone who has lived here most of her life and brought up three children here. This process is also very expensive, but the final sting in the tail is that she finds she is not eligible, because she has been self-employed and has not taken out comprehensive sickness insurance. This situation is unacceptable. We need to keep our compassion and keep this simple. It is inconceivable that families such as this would be separated, so we should be absolutely clear in saying so, up front.

--- Later in debate ---

[Caroline Lucas]

I will not give way, because there is no time.

Many in the EU want us to conclude the divorce element, which comes with a potential bill of €60 billion, before discussing a trade deal. We must not forget that this is a negotiation. Article 50 covers only administrative Brexit, not the legal or trade aspects. If, after two years, we do not even have a basic divorce deal, it is possible that tempers will fray and patience dwindle, and the prospect of starting negotiations on trade deals in such circumstances is unlikely—to put it mildly.

The 27 other countries are likely to want the divorce settlement agreed via the courts, so trade negotiations may not be possible even if the political will is there. For all of those reasons, we need these transitional arrangements in place. I did not give way to Members, because I wished to allow time for others to speak. Let me just reiterate how frustrating it is that, in a debate of this importance, we are having to rattle through it at a ridiculous rate.

[The Temporary Chair (Mr George Howarth)]

I call Jim Shannon. Before he starts, may I say that there is one more Member to be accommodated in the time available? I realise that time is tight, but if he could be brief that would be helpful.

[Jim Shannon (Strangford) (DUP)]

I must start by thanking the Government for keeping the promise in the referendum. The Government said that they would listen to the will of the people and, in true democratic form, they have adhered to that. People in the referendum said that they wanted article 50 to be triggered by 31 March. That is part of the exceptional circumstances under which we are operating, and that is why we are debating this matter tonight.

My constituency voted 54% to 46% to leave the EU—

Exiting the EU: Scotland

George Howarth Excerpts

Wednesday 14th December 2016 Westminster Hall

[Mr George Howarth (in the Chair)]

It may be helpful if I make it clear at the outset that, as a result of the Division, the proceedings have been pushed back 15 minutes: this debate will conclude at 4.45 pm.

[Peter Grant (Glenrothes) (SNP)]

I beg to move,

That this House has considered Scotland and the process of the UK leaving the EU.

It is a pleasure to speak here under your chairmanship, Mr Howarth.

Exactly 174 days ago, 62% of people in Scotland voted to remain in the European Union. We are now about three fifths of the way between the referendum and invoking article 50, so 107 days from now, at most, the Prime Minister intends to trigger—probably irrevocably, although that is subject to some discussion—the process of taking us out of the European Union, despite the fact that 62% of us want to stay in.

Two years after that, we face a spectacle in which the citizens who hold sovereignty over one of the most ancient—indeed, most European—of all nations will face the threat of having our European Union citizenship stripped from us: neither because we wanted to rescind it nor because we broke the rules and it was rescinded by the European Union, but because it was taken from us by the actions of a Government who have never held a majority in Scotland during my lifetime.

There will be some on the Government Benches—there are not many here today, admittedly—and possibly even on the Opposition Benches, whose public response would just be, “Tough! That’s the way things go. If you don’t like it, you just have to lump it,” dismissing Scotland’s concerns out of hand. My advice to them is to think very carefully indeed about how such an attitude is likely to be received north of the border.

With this debate, I am not trying to reopen the argument that was won and lost in ballot boxes the length and breadth of the United Kingdom. I find it strange that, although I have now accepted that certainly England and Wales are leaving the European Union, some hon. Members who represent constituencies in those countries may be trying to prevent that from happening. I respect the will of the people of England and Wales. They have given a mandate and I understand that the Government seek to implement that mandate. However, I ask the Government to accept—even simply to recognise—the fact that no such mandate exists from the people of Scotland or, indeed, the people of Northern Ireland.

--- Later in debate ---

[Sammy Wilson (East Antrim) (DUP)]

The concerns in Scotland are the same as those in Northern Ireland, Wales and indeed many local authority areas throughout the UK. However, there are mechanisms: those set up through the Joint Ministerial Council, through the input that Departments in Scotland and Northern Ireland will have in the preparation for negotiations and through the ongoing opportunities for debate in this House and the Exiting the European Union Committee, of which both he and I are members. Do those not give the regions of the United Kingdom the opportunity to ensure that their voices are heard? The important thing is that the Government must respond positively to the concerns raised.

[Mr George Howarth (in the Chair)]

Order. May I remind Members who have made interventions that the terms of the motion are specifically about Scotland? We should not be trying to develop this into a wide-ranging debate about other parts of the United Kingdom, tempting though I am sure that is.

[Peter Grant]

Thank you, Mr Howarth. May I just say in response to the hon. Member for East Antrim (Sammy Wilson) that the jury is still out on whether the Joint Ministerial Council is worth the paper that its name is written on? We will find out once we see the position adopted by the UK Government and the evidence—or lack of evidence—of any change at all in their stance to take account of the very different demands and needs of the different parts of the United Kingdom.

It would be easy for the Government to carry on and negotiate a settlement that satisfied just their own Back Benchers and their own priorities, but to do so would be to ignore the distinct constitutional identity of Scotland and their party’s own promises to treat Scotland as an equal partner in the Union. It would renege on the Government’s call for Scotland to lead the Union and would ditch forever the respect agenda that they were so keen to promote barely 24 months ago.

To ignore and dismiss out of hand the wishes and the expressly stated decision of the people who hold sovereignty over Scotland and who are sovereign even over this Parliament when it legislates on Scottish matters would certainly please the hard-liners on the Government Benches for a few hours—until they saw how it was received in Scotland. How it would be received in Scotland is not hard to imagine, so I do not need to dwell on that here.

The first argument for giving Scotland its proper place throughout the Brexit process is that it is Scotland’s proper place. If we are truly an equal partner in this Union and an integral part of the United Kingdom, we are entitled to nothing less than equal partnership. We should be an integral part of the most important negotiations that the United Kingdom has undertaken since 1945.

The second argument stems from the Prime Minister’s repeated claims that she will negotiate a deal in the best interests of all the United Kingdom. How can she possibly know what is in the best interests of all the different nations and regions of the United Kingdom? Who is now telling her what is in the best interests of the people of Scotland? Who in the inner circle of the Cabinet will speak up for Scotland’s interests or those of other devolved nations when—not if, but when—they do not coincide with the interests of other parts of the United Kingdom? The Secretaries of State for the devolved nations are not even part of that core decision-making team. How can it be credible for Cabinet Ministers to say that they will negotiate for what they know is in best interests of Scotland, when they are fighting among themselves about what is in the best interests of the United Kingdom?

By contrast, the Scottish Government are pretty clear about what they believe is in the best interests of Scottish people. Their immediate response after the referendum was almost unanimous and supported across party lines in the Scottish Parliament. They have committed to publishing proposals before Christmas that could deliver as much as possible of what is in Scotland’s interests, while still allowing the UK Government to respect and honour the decision made on 23 June. It is sad but not surprising that before anyone even knows what that document will contain, it is already being torn to pieces by the social media trolls—none of whom, I am sure, has any connection with the Conservative party.

I hope that the UK Government will at least take time to examine the Scottish Government’s proposals. I am not insisting that they adopt them in their entirety, but I would like an assurance that at least they will be examined and given the respect that they are due. That really is the least the UK Government can do, given that for months their party leader in Scotland has been screaming demands to know the Scottish Government’s plan for Brexit. Interestingly, I do not remember ever hearing her asking to know her own Government’s plans for the United Kingdom, but maybe that is more her problem than mine.

I have not seen the Scottish Government’s document, but—again, in contrast to the UK Government—they have been clear and consistent in setting out what they believe Scotland needs to see at the end of the process. We need to retain full access to the single market. If that does not happen, the impact on our economy may be very serious indeed, because Scotland is a trading nation. Our exports support tens of thousands of jobs—not only in Scotland, but elsewhere. They also provide a very tidy income indeed, thank you very much, for Her Majesty’s Treasury. I hope that that will not be forgotten.

We also want to retain free movement of people. The UK Government have decided that free movement of people is fundamentally a bad thing that we should not accept at all, but in order not to have to accept it they are prepared to lose the benefits of membership of the single market. In Scotland, we do not see a conflict, because we want to keep free movement of people. We see free movement of people as a positive. We have benefited as a nation, socially, culturally and economically, from migrants coming in from other parts of the European Union. Our citizens have benefited from opportunities to become immigrants in other people’s countries. We want that to continue, and that is not just the view of the Scottish Government: all the indications are that it is the overwhelming view of the people of Scotland.

I suggest to the Minister that the apparent conflict between Scotland’s attitude to the free movement of people and the attitude of some other parts of the UK, and between Scotland’s determination to remain a full part of the single market and the lukewarm reception that the single market gets in other parts of the UK, can be resolved if the Government are prepared to countenance a negotiating position that seeks an agreement to allow immigration rules to apply different criteria in different parts of the United Kingdom, to meet different pressures on services and needs in the employment market. If they are prepared to accept that—it is now quite common practice in a lot of EU countries—the rules on the single market, trade areas, customs union and so on do not have to apply absolutely uniformly across the whole United Kingdom.

It has become increasingly obvious over the past few years that there are very few areas of public policy in which one size can hope to fit all throughout the United Kingdom. I suggest to the Government today that, for some of the major pillars of policy on which we will need to negotiate agreements in the lead-up to Brexit, one size cannot possibly fit both Scotland and the rest of the United Kingdom.

If the Government are not prepared to seek a solution that allows different sizes and different applications of policy in different parts of the United Kingdom, what are they suggesting instead to deliver the stated wish of the sovereigns of Scotland—the 5.5 million people who rightly and inalienably hold the right to determine what the future holds for our nation and which direction it goes in? If they are not prepared to respect that sovereign will, how will they ensure that, when the Brexit process is completed, the people of Scotland believe that they are still valued, equal partners with a mission to lead the Union?

The Government's Plan for Brexit

George Howarth Excerpts

Wednesday 7th December 2016 Commons Chamber

[Mr George Howarth (Knowsley) (Lab)]

It is a pleasure to follow the hon. Member for Wellingborough (Mr Bone). I simply make the point to him that the negotiations that the Government are involved in are a good deal more complicated than any business negotiation he may have been involved in in the past; simplifying things to that level does not really do justice to the scale of the problem.

I have two points to make. The first concerns the process of negotiation itself. The second is to do with the incoherence of the Government’s position.

Before I address those two points, I should say that, although I campaigned to remain in the EU, I accept that the public have spoken and that their view has to be respected. My constituency voted in almost exactly the same way as the national referendum result—narrowly in favour of leaving. Close as it was, I frankly cannot see any democratic way of setting that result aside, and Parliament should respect it regardless of any court decision. If the hon. Member for Stone (Sir William Cash) was still in his place, I would say to him that that is not lip service; it is a serious statement, by almost every Member, about where we stand.

My first point is that it is important that the Government’s negotiations lead to the best possible outcome in terms of our jobs, economic prosperity, security co-operation and continuing engagement with Europe from outside the EU. I find it odd that the Government have so far been unable to give a clear account of the principles that will frame the negotiations. My right hon. Friend the Member for Leeds Central (Hilary Benn) brought that point out very well.

I recently relinquished my membership of the Intelligence and Security Committee. I served on it for over 11 years, so I do understand that, in some circumstances, the state does have to have secrets—for example, on how our intelligence and security agencies work and their capabilities. However, the principles and objectives that govern our Brexit negotiations are the most urgent matter we have confronted in decades. They are an urgent matter of public policy that should be properly debated at every point along the way by this House. It surely follows that, on behalf of the people we represent, we should have an influence on those principles and objectives before anybody concludes the negotiations.

That brings me on to my second point. I am not at all clear whether the Government are committed to a so-called hard Brexit or a soft Brexit. Indeed, we now have two new additions to the terminology: a grey Brexit and a red, white and blue Brexit. I hope the new objective will be a least-damage Brexit. To simplify it, I accept that in terms of trade and the economic impact of leaving we need to get the best possible terms. In reality, soft Brexit means continuing access to the single market, or, at the very least, access to the customs union. However, how that can happen is becoming increasingly incoherent. Strangely, some Ministers—most notably the Secretary of State—are even talking about having to pay for access. I am sure that that would, understandably, cause outrage even among those who, like me, voted to remain.

What I am about to say may not please many people, but it is politically naive to believe that continued access to the single market or the customs union, without corresponding concessions on the free movement of labour, could be possible. I ask hon. Members to put themselves in the shoes of Angela Merkel or the next President of France as they go back to their countries and say, “Well, we’ve given the UK all the economic concessions and we’ve let them off the hook on the free movement of labour.” That just is not likely.

I accept that we have to have a route map for negotiations and I accept that this is not straightforward—I have already said as much. It cannot be the case, however, that, as a democratically elected Parliament, we can be expected to have no say whatever in the determination of the principles and objectives of those negotiations. I support the amendment to the Opposition motion, but only as a first instalment along that road.