Draft Insolvency (Amendment) (EU Exit) (No. 2) Regulations 2019

Alison Thewliss Excerpts
Tuesday 22nd October 2019

(4 years, 7 months ago)

General Committees
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Alison Thewliss Portrait Alison Thewliss (Glasgow Central) (SNP)
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I will be brief. I welcome the consultation with the Scottish Government and the recognition that personal insolvency is a devolved matter, and that the regulations are necessary in the event of no deal. My wider concern is the broader economic impact of Brexit—of losing access to the single market. The Fraser of Allander Institute estimates that Brexit will cost 100,000 jobs in Scotland, which will involve some degree of insolvency. We must be realistic about that.

I note that there is no impact assessment, because the Government estimate that it is under £2.7 million per year, as was laid out by Lord Duncan of Springbank when the matter was discussed in the House of Lords. Could the Minister give further detail on how that figure was arrived at?

The SNP will not oppose the regulations. They seem necessary, as the hon. Member for Sefton Central said, unlike the delegated legislation that we faced yesterday. This is a far more appropriate use of statutory instruments. I am content to let this one go.

Draft Freedom of Establishment and Free Movement of Services (EU Exit) Regulations 2019

Alison Thewliss Excerpts
Monday 21st October 2019

(4 years, 7 months ago)

General Committees
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Alison Thewliss Portrait Alison Thewliss (Glasgow Central) (SNP)
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It is a pleasure to see you in the Chair, Mr Hanson; I, too, pass on my congratulations. The SNP agrees with Labour: we oppose the regulations and the way in which they are being brought about, which is completely inappropriate. It is inappropriate to lump satellite decoder cards in with people. This is about people’s lives and people’s businesses.

The Government are making it more and more difficult for people to continue their lives in the UK. Those two things should not be lumped together in the same Committee, hidden away on a first-floor corridor. The measure should be part of the immigration Bill, which would allow us to debate it, move amendments and have some degree of control over the process. The Government are taking control away from the House in this hidden Committee, and that is despicable. EU nationals, Turkish nationals and other EEA nationals are finding out about the measure through the grapevine and the work of the3million and others, and they are, frankly, appalled that the Government would add insult to injury by doing it in this particularly heavy-handed way.

The best way to guarantee that rights are reciprocated is to take the first step, because the UK Government are making the change and going about Brexit. It would be an act of good faith to make sure that we did our best to protect rights, rather than remove them. No one is going to reciprocate if we start to remove rights in this country.

The regulations will further erode the rights of EU citizens by removing their right to be self-employed, to own and manage companies and to provide services in the UK on the same basis as UK nationals. It is odd that the Conservative party, which is supposed to be the party of small businesses and entrepreneurs, is taking action today to undermine them. It keeps claiming that it supports them, but it is not there for them at their time of greatest need, when they need their rights to be protected.

The regulations remove the rights of EU citizens to bring nationality discrimination claims in relation to those rights. It is sinister that people cannot even fight when there is discrimination against them, and it certainly does not bode well for the future Brexit—certainly not for the people I know. It also does not chime with the promises made by the right hon. Members for Uxbridge and South Ruislip (Boris Johnson), for Witham (Priti Patel) and for Surrey Heath (Michael Gove). They all promised that EU citizens would be automatically granted the right to remain and that they would be treated no less favourably than at present. The regulations do quite the opposite.

The hon. Member for Sefton Central mentioned a lot of the things in the3million’s briefing, which I will not reiterate, but the Public Law Project also provided a comprehensive briefing that mentions its four key concerns with the regulations. First, it is concerned that secondary rather than primary legislation is being used to make significant policy changes and to disapply important rights. Again, this Committee is not the proper place to do that.

Secondly, the Public Law Project is concerned that the changes may have an impact on immigration rights and should be included in the immigration Bill, which is stuck—logjammed. We do not know whether it will ever conclude, because this Parliament is so uncertain. The Government probably do not have the numbers for that either, so it is in their interest to stick it in Committee rather than make any progress. Thirdly, the Public Law Project is concerned that the regulations go beyond the powers conferred on Ministers by the Henry VIII powers in section 8 of the European Union (Withdrawal) Act 2018 and, fourthly, that no impact assessment was done before laying them, despite the obvious impact on businesses and individuals.

The Secondary Legislation Scrutiny Committee in the Lords picked up on that issue, and noted that:

“removing the treaty rights will mean that the people and businesses affected will not be able to use the rights to challenge possible new policies or regulations in the UK which place restrictions on their access to the UK Internal Market after exit.”

All the things that the Government have done on the hostile environment until now have had a deliberately chilling effect—they do not want people to come here. That is the message being sent to EU nationals by the regulations.

My hon. Friend the Member for Linlithgow and East Falkirk (Martyn Day) had an email from constituents in that vein this evening, and he asked me to pass it on. They are a couple who have businesses, who say:

“Apart of the fact that this is highly discriminating, my husband and me will be personally affected by this as we are both running businesses in West Lothian as full time occupation. Both of us have already been granted Settled Status and I was of the impression that this would keep our rights intact. Apparently now, the government is seeking ways to frustrate those rights through the backdoor, which will ruin the livelihood of so many…We love Scotland. This is our home and would like to stay here, however, if we are stripped of our rights and our livelihood, it would be impossible for us to stay.”

That is how EU nationals feel about the issue, Mr Hanson. They feel as though their rights are being undermined in a sneaky, sleekit, underhand way up in this Committee Room this evening.

Stuart Gregory, managing director of Lentune Mortgage Consultancy, emailed every member of the Committee, I think, to express his concerns. He and his wife started a business together in 2008 after the financial downturn caused him to be made redundant from his job. He said:

“This issue even being put forward by Government is appalling, and to threaten the removal of rights to run a company in the UK is making me feel quite sick—it’s literally treating EU Nationals as 2nd class citizens—which I’m sure would excite many leave voters.

If this comes to pass, I’m disgusted by how my country has fallen into the gutter.”

That brings me to the heart of the issue, because it is appalling and inappropriate that the regulations are being brought forward in this way. It is a sad state of affairs that the rights of EU nationals are being debated in this way and that the rug is being pulled out from under people in this cruel and underhand way. It is no wonder that EU nationals, EEA nationals and Turkish nationals have a lack of faith in the Government and in due process, because they see this underhand thing happening time and time again: people are promised, “Nothing will change—everything will be fine. Don’t worry. Fill out this form. Do that.” That is not how it feels to them.

Perhaps the Minister thinks I am talking nonsense; perhaps, in his heart of hearts, he knows I am right. He should withdraw the regulations and do things properly. The Government should not be sneaky about it. Yes, we need to look at the issue of satellite decoder cards—perhaps that is quite important. But it is not as important as people’s lives and livelihoods and their feeling that they want to live in a country where they feel welcome. Many of the EU nationals who I speak to on the doorsteps of Glasgow Central voted no in 2014 because they wanted to retain their EU membership. That is very much what they were told in 2014. They voted to remain in 2017. They have seen how EU nationals have been treated over this five-year period and the rhetoric that comes from the Government. The EU nationals who I spoke to on the doorsteps of Glasgow Central over the weekend are going to vote yes when they get their chance, because they see how the UK is going, and they want none of it. I completely reject the regulations and will vote against them.

--- Later in debate ---
Nadhim Zahawi Portrait Nadhim Zahawi
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May I start by sharing with the Committee my dismay and disappointment at the conflating of this SI with issues of immigration and the status of European citizens, as well as those from Turkey and Switzerland, who work hard and deliver services here?

The hon. Member for Glasgow Central might not have been in the room when I confirmed that the Government sought and received the consent of the devolved Administrations in Scotland and Wales because we wanted to make sure that we received consent before we moved forward, but I hope that she and the hon. Member for Reading East will refrain from scaremongering. They both spoke about the impact on EU citizens’ rights, and I want to reiterate to the Committee that EU citizens’ rights are being preserved separately from this instrument. The Government have already committed to protect the rights of more than 3 million EU citizens, which we have heard being conflated today with this statutory instrument. We will make sure that their rights are protected. The regulations do not affect the offer that the Government have made to EU citizens resident in the UK at the point of exit. They do not interact with the citizens’ rights agreements with Switzerland and the EEA European Free Trade Association states.

Alison Thewliss Portrait Alison Thewliss
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Will the Minister give way?

Nadhim Zahawi Portrait Nadhim Zahawi
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I have a lot to cover, but I will happily take the hon. Lady’s intervention later. The Government’s plan on citizens’ rights confirms that EEA and Swiss citizens resident in the UK by exit day would be able to apply to the EU settlement scheme until at least 31 December 2020 to secure their status in a no-deal scenario. The EU settlement scheme is live and performing well. More than 2 million applications have now been received, and the scheme will continue to run in a deal or no-deal scenario. EU citizens resident in the UK by exit day will continue to be able to access benefits and services on exactly the same basis after the UK exits the EU as they do now. I sincerely hope that colleagues will refrain from scaremongering. It is deeply irresponsible for hon. and right hon. Members to do so.

The hon. Member for Sefton Central asked important questions, which I will attempt to address. He asked about the impact assessment for the regulations. An impact assessment has not been prepared because the impact has been approved de minimis in line with the better regulation framework.

Recall of Tumble Dryers

Alison Thewliss Excerpts
Monday 17th June 2019

(4 years, 12 months ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

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Kelly Tolhurst Portrait Kelly Tolhurst
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The right hon. Gentleman talks about modified machines. When any information or testing that had been carried out at any particular event by “Watchdog” or Which? was submitted to the Department or to the OPSS, it was scrutinised and looked at during the review of the modification process. The outcome was to put the risk level at low. However, anyone who has a concern about any machine should contact Whirlpool. In actual fact, if anyone has any concern about any electrical appliance within their home, they should stop using it and contact the manufacturer.

Alison Thewliss Portrait Alison Thewliss (Glasgow Central) (SNP)
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A number of my constituents contacted me with their concerns about Whirlpool. With Electrical Safety First research pointing to the fact that only 10% to 20% of recalled products are ever returned or repaired, we should perhaps consider looking at a statutory basis for online retailers to contact people who bought products online, because they certainly will have a means of contacting their consumers—they will have email addresses and other details for the products that have been dispatched. Perhaps that could be an easier way for some retailers to contact people to get that recall information to them.

Kelly Tolhurst Portrait Kelly Tolhurst
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I thank the hon. Lady for highlighting that point. One of the issues that we considered in last year’s review was the outreach programme. There are many ways in which Whirlpool should be able to contact the people who have bought its products. This is very much the responsibility of the manufacturer, and it is one of the reasons we are taking so much care with this review, and why we are asking so many questions. It is the responsibility of the manufacturer to make sure that it has a programme that is sufficient to reach its customers. We are dissatisfied with what it has done. That is why we issued the intention to issue a recall. She is absolutely correct: Whirlpool should be using everything at its disposal to make sure that it contacts anyone who has purchased its product by any means necessary.

Oral Answers to Questions

Alison Thewliss Excerpts
Tuesday 11th June 2019

(5 years ago)

Commons Chamber
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Greg Clark Portrait Greg Clark
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I have no aspirations to such recognition, but I am very happy to meet my right hon. Friend to discuss the further opportunities for what is one of the foremost innovation campuses in the whole world.

Alison Thewliss Portrait Alison Thewliss (Glasgow Central) (SNP)
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The Scottish Government’s consultation on fireworks closed last month, having received 16,000 responses. Can the Minister update us on the UK Government’s action on fireworks, and can she guarantee that my constituents in Pollokshields will not have to suffer as they did last November?

Kelly Tolhurst Portrait Kelly Tolhurst
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I would be grateful to discuss the consultation outcomes with the hon. Lady. As she will know, the Office for Product Safety and Standards is undertaking a review, and I will happily update her when we have the results.

National Minimum Wage Naming Scheme

Alison Thewliss Excerpts
Tuesday 4th June 2019

(5 years ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

Each Urgent Question requires a Government Minister to give a response on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Kelly Tolhurst Portrait Kelly Tolhurst
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Absolutely, and this Government have made great ground in that regard. This is not about grabbing headlines. It is about ensuring that workers get the pay to which they are entitled, which is why we have doubled the enforcement budget and are collecting more arrears than ever before. There were more than 3,000 successful investigations by Her Majesty’s Revenue and Customs in the last year alone. I want that budget to be spent effectively on catching more employers who are underpaying the minimum wage.

Alison Thewliss Portrait Alison Thewliss (Glasgow Central) (SNP)
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It is all well and fine for the Minister to say that some under-25s are paid more than they are legally entitled to receive, but that gives no reassurance to those who are not. May I suggest that she adds to her naming and shaming scheme employers who employ young people on short-term, temporary contracts and then dismiss them when they cost more money?

Kelly Tolhurst Portrait Kelly Tolhurst
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The hon. Lady raises an issue regarding the incorrect practice of employers. As I have said, HMRC will investigate every complaint and ACAS is available to receive those complaints. We have asked the Low Pay Commission to undertake a review of the structure of the national minimum wage, and it will report back later in the year. We encourage employers always to pay above the minimum wage brackets if they are able to do so.

Climate Action and Extinction Rebellion

Alison Thewliss Excerpts
Tuesday 23rd April 2019

(5 years, 1 month ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

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John Bercow Portrait Mr Speaker
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And more. There is plenty of scope.

Alison Thewliss Portrait Alison Thewliss (Glasgow Central) (SNP)
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The Minister is keen to trumpet the fact that the UK went 90 hours and 45 minutes without coal power, but the reality is that her Government are not making nearly enough of our potential in onshore and offshore wind, solar, wave and hydroelectric, particularly in pump-storage hydro. Scotland’s efforts are being stymied by her Government’s policies. What specific measures will she bring in to incentivise renewables across the UK?

Claire Perry Portrait Claire Perry
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We are already incentivising renewables. We have always said—I believe that this is right—that we must be technologically neutral in such things. All technologies started out from pretty much the same place, but some have progressed faster than others. We must also have cost-effectiveness, so we cannot spend other people’s money on supporting technologies that will remain expensive over the long term—[Interruption.] The hon. Lady is waving her hands, but is it not incredible that the price of offshore wind has dropped over the past two years by a proportion befitting a technology company, let alone a mechanical engineering company, because of the policy and auction structure and the market investment that we have brought forward? We should be celebrating that and the fact that the North sea is the best place in the world for offshore wind.

Climate Change Policy

Alison Thewliss Excerpts
Tuesday 23rd April 2019

(5 years, 1 month ago)

Commons Chamber
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Claire Perry Portrait Claire Perry
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My hon. Friend points out an incredibly important fact. While people want to do the right thing, they often do not know where to go, and centrally imposed standards often suppress rather than stimulate innovation. Trying to get that right is the subject of a review by other Departments at the moment, but perhaps she could pour me a glass of organic wine and we could watch it together.

Alison Thewliss Portrait Alison Thewliss (Glasgow Central) (SNP)
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I asked the Minister earlier what she would do to incentivise all renewables, and I got a very narrow answer, so let me try again. Small-scale renewables such as solar panels have been fitted in developments in my constituency, such as the social rented housing one in Pollokshields, built by Home Group, but Hannah Smith of Scottish Renewables has said

“that the end of the feed-in tariff will mean, at best, a period of enormous uncertainty for the companies that install these projects and for the people who work for them”.

The solar sector in Scotland has sold the equivalent of 360,000 solar panels every year since 2010. It is no small industry. What will she do to restore certainty and incentivise that industry?

Claire Perry Portrait Claire Perry
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The hon. Lady makes the important point that we need to hurry up with the smart export guarantee and make sure it works to deliver that, but I would gently encourage her to look at the outcome that we are delivering, rather than focusing on a particular technology. Last month, renewable energy in the UK was at over 40%, and we can now source things such as offshore wind at subsidy-free prices, so we are delivering and will continue to deliver, but we need to do that in a way that provides value for money for consumers.

Net Zero Carbon Emissions: UK’s Progress

Alison Thewliss Excerpts
Thursday 28th February 2019

(5 years, 3 months ago)

Commons Chamber
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Claire Perry Portrait Claire Perry
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I will of course try to take as many interventions as I can, but I just want to respond to some of the points made in the debate.

After the very startling and worrying IPCC report, we were the first developed country to ask for advice on how we would achieve that target. We have asked how, by when and how much it is going to cost. We have to be pragmatic about this: we have to recognise the need for urgency, but we cannot bring forward policies and proposals that do not command the support of the people we represent. We can see just across the channel what happens when we do that.

Exiting the European Union (Structural and Investment Funds)

Alison Thewliss Excerpts
Tuesday 19th February 2019

(5 years, 3 months ago)

Commons Chamber
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Brendan O'Hara Portrait Brendan O'Hara
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My hon. Friend is right that it is vital that our farmers have the ability to plan into the future. At the moment, we enjoy that ability to plan long term, and the fear is that that is being taken away.

The common fisheries policy is co-financed in Scotland through the European maritime and fisheries fund, and Scotland is allocated 44% of the total UK figure, with £42 million—over 80% of the Scottish allocation—already committed to projects. Competitive funds are awarded directly by the European Commission to organisations, and that includes significant research, innovation and education exchange programmes. Since 2014, Scottish organisations have secured €533 million of Horizon 2020 funding, €65 million of Erasmus+ funding and €58 million of European Territorial Cooperation funding. Even since 2016, the European Investment Bank group has signed loans worth €2 billion for projects in Scotland.

These EU-funded programmes represent a vital source of funding to communities right across Scotland, but as I said earlier, they are particularly important to peripheral communities, which are in greater need of support. That is why, when the question was asked in 2016 whether we wished to remain part of the European Union, every single part of Scotland, without exception, urban and rural, said yes to staying in the EU. Our communities knew—and still know—the benefits of being a member of the European Union and the significant difference that that has made to their lives, economically, socially and culturally.

Alison Thewliss Portrait Alison Thewliss (Glasgow Central) (SNP)
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My hon. Friend is making some great points. Is he aware that urban areas such as Glasgow have hugely benefited as well? Since 2010, regional selective assistance grants to businesses in Glasgow have provided more than £83 million of investment and created 7,292 jobs.

Brendan O'Hara Portrait Brendan O'Hara
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It is absolutely remarkable that all 32 Scottish local authority areas—urban and rural, with the vast differences that exist between them—said with one voice that we as a nation wished to remain in the European Union. That cannot and should not be ignored. Its significance cannot be underplayed.

The loss of the funds I listed earlier could be absolutely devastating for our farming and fishing communities. As yet, there are no guarantees about the continuity of these funds beyond 2020. Here we are, a month from Brexit day, and there is still no certainty for our farming and fishing communities as they plan for the future.

Honda in Swindon

Alison Thewliss Excerpts
Tuesday 19th February 2019

(5 years, 3 months ago)

Commons Chamber
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Greg Clark Portrait Greg Clark
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I will indeed, and I am grateful to my right hon. Friend. I and my colleagues are in frequent dialogue with the SMMT and all the companies that are part of the industry. It seems to me—he knows this from his time in the Department—that having a close understanding of the requirements of job creators is an essential feature of a successful industrial strategy. We know from them what is required: a commitment both to invest in the next generation of vehicles to make sure that the skills of the workforce continue to be invested in and to work with businesses to ensure that their environmental performance meets increasing international requirements.

Alison Thewliss Portrait Alison Thewliss (Glasgow Central) (SNP)
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What assessment has the Secretary of State made of the extent of the supply chain? Is he aware of all the companies that supply Honda? What specific support will he put into each of those companies to make sure that people in those industries do not also lose their jobs as a result of this decision? What further support can be put into the local economy, which may also suffer, although that may not necessarily involve supply chain companies?