European Union (Withdrawal) Acts

Lord Vaizey of Didcot Excerpts
Saturday 19th October 2019

(4 years, 6 months ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Steve Barclay Portrait Stephen Barclay
- Hansard - - - Excerpts

I know that my hon. Friend speaks for his constituents, and for businesses across the country, who recognise that now is the time to support this deal and for the House to move on.

Steve Barclay Portrait Stephen Barclay
- Hansard - - - Excerpts

I give way to the right hon. Gentleman. [Interruption.]

Lord Vaizey of Didcot Portrait Mr Vaizey
- Hansard - -

We will find out if the Secretary of State made the right decision in giving way. I have a genuine question.

Lord Vaizey of Didcot Portrait Mr Vaizey
- Hansard - -

Yes. I am asking for a friend. If the Letwin amendment is passed and the Bill comes in next week and is agreed to before 31 October, we will leave on 31 October, but if the Letwin amendment is not passed and the Bill comes forward next week but is not agreed to by 31 October, we will leave with no deal—yes or no?

European Union (Withdrawal) Act 2018 (Exit Day) (Amendment) (No. 2) Regulations 2019

Lord Vaizey of Didcot Excerpts
Monday 20th May 2019

(4 years, 11 months ago)

General Committees
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
William Cash Portrait Sir William Cash
- Hansard - - - Excerpts

I have indeed seen it, and I recall that a number of extremely abusive and obscene remarks were made with reference to the United Kingdom during that documentary. I also remember some of the chocolate soldiers, if I can put it like that, in the European Commission, who were delighted when they thought that the withdrawal agreement might go through, saying, “At last, we’ve created the circumstances in which the United Kingdom will become a colony.” That, of course, is completely true. I do not want to be diverted into all those arguments, but this is about who governs the United Kingdom, and these 27 other member states are not doing anything to help us or the Government, and certainly not the Prime Minister or our national interest.

I would add that the Cooper-Letwin Bill, which was authorised to proceed under a business motion agreed to by a majority of merely one, overturns the parliamentary governmental system to which I referred earlier, which is protected by Standing Order 14. That was done by an unwarranted constitutional revolution. As I said to the Leader of the House on the morning after the Prime Minister’s abject surrender to the other 27 member states and the EU Commission, the whole thing stinks. Incidentally, in fairness to the Leader of the House, she, together with eight other members of the Cabinet and, I understand, seven out of 10 in the Whip’s office, originally opposed the extension of time, in the national interest.

That day, I asked the Attorney General whether, under the ministerial code, his advice had been sought on that issue, but received the stock-in-trade answer that neither his advice as a matter of fact nor its contents are disclosed. That afternoon, I challenged the Prime Minister on the Floor of the House. I pointed out that she had broken her promises—made more than 100 times—not to extend exit day and that she was undermining our democracy, Northern Ireland, our right to govern ourselves, our control over our own laws and our national interest. I then called on her to resign. All this encapsulates the importance of annulling the regulations, for reasons that I will now give, and which I have set out in my submissions to the Joint Committee on Statutory Instruments, which, in fairness, had not had the opportunity to see them on 11 April.

On 11 April, the Government introduced the statutory instrument with a full explanatory memorandum—which I am sure the Minister read very carefully—setting out their legal assertions as to why the instrument purported to be lawful. As Chair of the European Scrutiny Committee—I speak in a personal capacity and on behalf the 82 Members of Parliament who signed my motion to annul the instrument—I presented my submission on 24 April, after the recess, to the Joint Committee on Statutory Instruments, in which I objected to the basis on which the Government sought to justify the legality of the statutory instrument in the explanatory memorandum.

Paragraph 1.2 of the explanatory memorandum states:

“This memorandum contains information for the Joint Committee on Statutory Instruments.”

On 1 May 2019, with the statutory instrument and the Government’s explanatory memorandum before it, the Joint Committee declined to draw special attention to the statutory instrument, which sought to delay exit day until 31 October, stating simply that:

“At its meeting on 24 April 2019 the Committee considered the Instruments set out in the Annex to this Report, none of which were required to be reported to both Houses.”

There were 20 such unreported instruments, including the one before this Committee. The role of the Joint Committee, whose membership includes Members both of the House of Lords and the House of Commons, is to assess the technical qualities of each instrument in its remit and to decide whether to draw to the special attention of each House any instrument on one or a number of important grounds. Those include that the instrument imposes a charge on public revenue—I already have referred to the fact that it is costing the British taxpayer £7 billion to move the date from 29 March to 31 October.

Other grounds include doubt about whether there is the power to make the instrument at all, that it appears to represent an unusual or unexpected use of the power to make it, that its form or meaning needs to be explained and that its drafting appears to be defective. In my view, it would have been appropriate for the Joint Committee to draw to the special attention of each House this profoundly important historic document, but it chose not to do so. The Joint Committee decided that it would not make a special report on this vital question, nor did it publicly respond to my submissions, which were based upon a detailed legal analysis of the highest order. According to the 59th report of the 2017-19 Session, the Committee drew special attention to only one of the instruments reported. My arguments in disagreeing with the Government’s explanatory memorandum are based on a number of important issues, as a matter of both law and procedure.

Paragraph 2.3 of the explanatory memorandum states:

“This European Council decision and the United Kingdom’s agreement to it constitute a binding agreement to extend in EU and international law.”

That statement is open to an interpretation that places responsibility for the extension of the UK’s membership on the European Council, but the Council cannot extend the UK’s membership. Without an agreement, which is reached under international law between the UK and the Council, there is no extension. Paragraph 2.3 confuses the matter all the more when read in conjunction with a letter from Sir Timothy Barrow following the Council meeting of 10 April, in which he refers to a

“Council decision taken in agreement with the United Kingdom”.

As the Committee will know, the United Kingdom is expressly excluded from Council decisions and decisions in relation to extensions. Therefore, no Council decision was or could be taken with the United Kingdom’s participation. Only with a separate act of the United Kingdom outside the Council could an international agreement of the kind necessary to extend the UK’s membership of the EU have come about at all. To the extent that the United Kingdom’s representative in Brussels purported to agree to an extension, that act was performed under circumstances that did not allow the United Kingdom to give due consideration to the terms that the Council had proposed—demanded, I would say—or the terms of the United Kingdom’s response.

The hastiness of the letter was followed by the Government’s failure to observe the procedures required for the United Kingdom to enter into such international agreements. The memorandum asserts that, as a result of events following the European Council decision,

“the UK remains a Member State until 31 October 2019 regardless of the passage of these Regulations at the domestic level.”

As a matter of law, I believe this statement is untenable. The explanatory memorandum further states that the Government “will also now”—at that time—

“delay commencement of the repeal of the European Communities Act 1972”

under the arrangements for commencement orders. That ignores that fact that, under the Government’s own guidelines on commencement orders, they are required to be made within a reasonable time, otherwise questions of ultra vires are raised. The commencement order has been sitting there since 26 June 2018—far too long.

Moreover, there is no provision in the statutory instrument for exit day to take place on any of the possible alternative dates provided for in article 2 of the decision of the European Council of 11 April 2019, which stipulates a number of conditions for that further extension. The decision prescribed an extension lasting no longer than 31 October 2019, but with the proviso in recital 8 that, if the withdrawal agreement was ratified meanwhile, the United Kingdom would leave the European Union on the first day of the month following the completion of the ratification procedures.

Article 2 of the decision further requires that, if the United Kingdom did not ratify the withdrawal agreement by 22 May 2019 and had not held European parliamentary elections in accordance with European law, the decision would cease to apply and the extension would therefore expire on 31 May 2019. The effect of the decision was therefore to provide for three possible dates on which the United Kingdom might cease to be a member state of the European Union. On 11 April 2019, the Government wrote to the European Council accepting the demands of the decision. The statutory instrument now provides that exit day is 31 October 2019. However, there is no provision in the statutory instrument for exit day to take place on any of the possible alternative dates set out in the decision—I repeat: on any of the possible alternative dates set out in the decision. Therefore, the statutory instrument does not

“ensure the day and time specified in the definition are the day and time that the EU Treaties are to cease to apply to the United Kingdom.”

Thus, the statutory instrument was not made for the statutory purpose for which it was designed, and it is ultra vires and void, with the effect that our exit was at 11 pm on 12 April 2019.

Under section 1 of the European Union (Withdrawal) Act 2018, the repeal of the European Communities Act 1972 is tied to exit day. Thus, European law would no longer have precedence over domestic law from exit day. Furthermore, under section 5(1) of the same Act, the principle of the supremacy of EU law would not apply to any enactment or rule of law passed or made on or after exit day. Similarly, other provisions of the withdrawal agreement, such as section 6(1), would apply, so that decisions made by the European Union after exit day would no longer be binding on the courts of the United Kingdom. Furthermore, it is to be observed in paragraph 6(3) of the explanatory memorandum that the European Union (Withdrawal) Act 2019, for which Royal Assent was given on 8 April 2019, amends paragraph 14 of schedule 7 to the 2018 Act to convert the regulations in question from the affirmative to the negative resolution procedure.

Lord Vaizey of Didcot Portrait Mr Edward Vaizey (Wantage) (Con)
- Hansard - -

I wonder whether my hon. Friend could help me on two points. First, if he succeeds in defeating the regulation in the Committee today, as he might well through the force of his arguments, what will be the practical outcome of his victory? Secondly, on his arguing that the regulation is ultra vires, is this not a matter for the courts, including the Supreme Court, rather than Parliament?

William Cash Portrait Sir William Cash
- Hansard - - - Excerpts

It is indeed a matter for the courts as well, but it is also prudent and constitutional for Government to make laws in such a manner as to be within the law. We operate under a system of the rule of law, and it is therefore unacceptable for Governments to make legislation. That is why the Joint Committee on Statutory Instruments and other Committees that scrutinise legislation, including the European Scrutiny Committee, which I happen to have the honour of chairing, have a job to do in bringing Governments to account. This Committee and the prescribed annulment procedures that we are going through are part and parcel of that democratic, accountable procedure.

Although it is ultimately for the courts to make decisions on the basis that my right hon. Friend suggests—namely that decisions can be evaluated, as in the Gina Miller case—in this instance we are not at that point yet, and in the meantime we have a Government passing legislation that I and many other distinguished Queen’s counsel and former judges believe to be unlawful, void and ultra vires on the one hand. On the other hand, given the devious means by which the Cooper-Letwin Bill was brought through, it is not appropriate for any proper system of parliamentary government, because it is inconsistent with the normal behaviour of Parliament in relation to the passing of legislation.

--- Later in debate ---
None Portrait The Chair
- Hansard -

Who is on the Committee? I call Mr Edward Vaizey.

Lord Vaizey of Didcot Portrait Mr Vaizey
- Hansard - -

I do not want to get in their way. I will let them go first. [Interruption.]

None Portrait The Chair
- Hansard -

Order. As I explained at the beginning, I will take Committee members first, and if there is any time left, I will extend it to other Members of Parliament who are not on the Committee.

Lord Vaizey of Didcot Portrait Mr Vaizey
- Hansard - -

I might as well get up and say my two pennies’ worth. I congratulate my hon. Friend the Member for Stone on setting out his case against the regulations so concisely, succinctly and clearly. It seems, from a number of the interventions that were made during his exposition, that this may well become a wider debate about the nature of the delay in our leaving the European Union.

I want to put on the record, first, my concern that I have seen, over the past three years, a sort of pick-and-mix attitude to parliamentary procedure. I have heard hon. Members disparage certain elements of parliamentary procedure when it does not suit their case and praise certain elements of it when it does. My first point is that I think we should all be consistent. We are sometimes in danger in these debates of demeaning the role of Parliament. For example, I heard the Cooper-Letwin Bill described in an intervention as devious or deceitful.

Mark Francois Portrait Mr Francois
- Hansard - - - Excerpts

No, it was rancid.

Lord Vaizey of Didcot Portrait Mr Vaizey
- Hansard - -

Rancid—I stand corrected.

Simon Clarke Portrait Mr Simon Clarke (Middlesbrough South and East Cleveland) (Con)
- Hansard - - - Excerpts

Does my hon. Friend agree that the greatest diminution of the standing of Parliament comes when we break the promises upon which we were elected?

Lord Vaizey of Didcot Portrait Mr Vaizey
- Hansard - -

My hon. Friend has given a perfect example of the kind of spurious and, frankly, silly points that are made during these debates. That was the first silly point of no doubt many that will be made as I continue to make my case. [Interruption.] Well, a Bill that I voted for—the Cooper-Letwin Bill—was described as rancid. That is exactly the point I am trying to make. It is perfectly all right for one Member of this House to describe a Bill that I supported, which was perfectly within the constitutional procedures of Parliament, as rancid, but apparently it is not all right for me to describe an hon. Member’s intervention as silly as part of the robust tradition of debate in this Parliament.

Mark Francois Portrait Mr Francois
- Hansard - - - Excerpts

If my hon. Friend wants a robust debate, will he give way?

--- Later in debate ---
None Portrait The Chair
- Hansard -

Order. This is not a private conversation or debate or argument between you. We have this legislation in front of us. The floor is yours, Mr Vaizey, and you may give way if you wish. Mr Francois would like to catch your eye, but it is up to you whether to give way. I am not going to have chirping from the sidelines all the way through.

Lord Vaizey of Didcot Portrait Mr Vaizey
- Hansard - -

I was about to praise my hon. Friend the Member for North East Somerset. He has published a fantastic book on 12 Victorian heroes, which has received a great deal of publicity.

Jacob Rees-Mogg Portrait Mr Jacob Rees-Mogg (North East Somerset) (Con)
- Hansard - - - Excerpts

Will my right hon. Friend give way?

Lord Vaizey of Didcot Portrait Mr Vaizey
- Hansard - -

I hope that when my hon. Friend makes his intervention, which is imminent, he might support me in saying that this House has a fine tradition of robust but courteous debate when we disagree.

Jacob Rees-Mogg Portrait Mr Rees-Mogg
- Hansard - - - Excerpts

I am grateful to my right hon. Friend for giving way; he is enormously kind. It is only fair to add that most of the reviews have not been entirely sympathetic.

Lord Vaizey of Didcot Portrait Mr Vaizey
- Hansard - -

I have to confess that I have read one or two, but that leads me to my next point.

Mark Francois Portrait Mr Francois
- Hansard - - - Excerpts

Before my right hon. Friend moves on, for the avoidance of doubt, I never said the Cooper-Boles-Letwin Bill was unconstitutional. The way it was rammed through the House in just over three hours, by one vote, was a constitutional outrage, but I did not say it was unconstitutional. I did say it was rancid. They are two slightly different things.

Lord Vaizey of Didcot Portrait Mr Vaizey
- Hansard - -

I agree. I did not describe my right hon. Friend’s earlier intervention as unconstitutional; I described it as silly. They are two different things. He was perfectly entitled under the constitution to make his intervention. I just thought it was a silly, pointless intervention that did not help to progress the debate.

The book written by my hon. Friend the Member for North East Somerset, and its reviews, leads me nicely to my second point. One should always consult the original source—in that case, his excellent book—rather than reviews, which might be driven by ulterior motives. My point is that, when it comes to the parliamentary constitution, hon. Members should look at the fundamentals of how Parliament operates rather than being driven by the particular viewpoint they take on our exit from the European Union.

We saw that in the debate on article 50. We found ourselves in a peculiar situation where quite a few hon. Members argued that Parliament should have no say in the most important decision we are likely to take in our political lifetimes, and probably the most important decision Parliament has taken since the second world war. We relied on a ruling by the Supreme Court to allow Parliament to take back control and make that decision. I certainly would not describe the article 50 Bill as a rancid Bill; it was debated comprehensively, and Parliament was then able to take a vote.

I can tell by certain hand gestures from the Chair that you are keen, Sir Lindsay, for me to bring my remarks—

None Portrait The Chair
- Hansard -

No, I was just trying to help. You were drifting, and I wanted you to come back to points relevant to the regulations.

Lord Vaizey of Didcot Portrait Mr Vaizey
- Hansard - -

I now understand what you were indicating, Sir Lindsay.

None Portrait The Chair
- Hansard -

I can see I will have to spell it out all the way through.

Lord Vaizey of Didcot Portrait Mr Vaizey
- Hansard - -

Exactly. You were indicating two things, Sir Lindsay: first, that I need to get back to the point; and secondly, that I am an incredibly poor reader of hand signals from the Chair. I can tell that a few other hon. Members, who may not be members of the Committee, are also keen to project hand signals in my direction as part of this courteous but robust debate—the kind of debate that has characterised our approach to our exit from the European Union.

Turning to the regulations in front of us, my fundamental problem with the argument of my hon. Friend the Member for Stone is as follows. First, fundamentally, he believes that the regulations are ultra vires—that Parliament does not really have the power to pass them. He did not suggest that. He is an honourable man, and he would never dream of suggesting it. There can be no suggestion that the Government are trying to pull a fast one—that they are consciously passing legislation that they know to be ultra vires. I think it is the case, as we saw with article 50, that the Government take advice from their lawyers and follow procedures that they think are within the law and the constitution.

Lord Vaizey of Didcot Portrait Mr Vaizey
- Hansard - -

That is the case here, and my hon. Friend is about to help me make my fundamental point.

William Cash Portrait Sir William Cash
- Hansard - - - Excerpts

It is terribly simple. I believe that the Government knew perfectly well that this procedure was inappropriate. Furthermore, they rammed it through the House of Commons that afternoon of 11 April after the abject surrender by the Prime Minister, and then purported to say that it was an agreement when quite obviously it was imposed on the Prime Minister by the European Union’s 27 member states.

Lord Vaizey of Didcot Portrait Mr Vaizey
- Hansard - -

I am slightly taken aback by that statement. My hon. Friend is someone whom I have long admired and looked up to—he has been in the House for more than 30 years and is well known for his constitutional expertise—but he makes a pretty serious allegation that the Government are putting through legislation that they are constitutionally not entitled to put through. I hope that, at some point, the Minister will address that, or that my hon. Friend will have the chance to expand on his point, but it surprises me. I compare the Government’s approach to that on article 50, as I said—because a treaty was involved, they believed that they had the power to extend article 50 without recourse to Parliament, and it took a court case to illustrate that invoking article 50 fundamentally changed legislation and so Parliament’s approval was required.

Given my hon. Friend’s intervention and that he has talked about Government through Parliament, not Parliament through Government, the other point that I find surprising is that he now appears to be saying that the Government are acting in bad faith. With his overview of the evolution of our unwritten and flexible constitution, is he coming to the conclusion, perhaps, that it is better to have parliamentary government, rather than Government through Parliament? On that basis, from his own arguments, surely he has now changed his mind on the Cooper-Letwin Bill, which came about partly because of the legislature’s mistrust of the motives of the Executive. The legislature was concerned that the Executive was not putting in place the procedures needed to stop no deal, which all of us in the room can at least agree would be absolutely catastrophic for the United Kingdom—[Interruption.] I am amazed that my banal remark has provoked an intervention, but I will give way.

Peter Bone Portrait Mr Bone
- Hansard - - - Excerpts

We cannot have an hon. Member misrepresenting the views of other Members. No deal is the best thing for this country—my hon. Friend knows it and we all know it. Take that back, sir!

--- Later in debate ---
Lord Vaizey of Didcot Portrait Mr Vaizey
- Hansard - -

On a point of order, Sir Lindsay. I do not know whether I am allowed to make a point of order in the middle of my remarks, but is it in order for my hon. Friend, for whom I obviously have the utmost admiration—we came into the House at the same time, and have grown up and learned together—to accuse me of misrepresenting hon. Members?

None Portrait The Chair
- Hansard -

We are in danger of going down a route that we are not going to go down. The point is, Mr Vaizey, you gave way even though you knew exactly that Mr Bone had a slight disagreement with you. In fairness, as you entered the House together, good friends should never fall out. I also know that you want to let other Members speak, so I am sure you want to move on and to stick with what is before us.

Lord Vaizey of Didcot Portrait Mr Vaizey
- Hansard - -

I have been speaking for about 14 minutes. I think that counts as what is known technically as “half a Cash”—a new parliamentary convention. If I get to half an hour, I will have made a “full Cash”. If I manage to make it to six o’clock, I will have done a “double Cash”. Those are the kinds of benchmarks emerging from our flexible constitution, but I will draw my remarks to a close, because I sense the mood of the Committee.

I am pleased that my hon. Friend the Member for Stone has come around to the view that Parliament should take back control. He has put it on the record that he mistrusts the Executive and their motives. He believes the Government are capable of playing fast and loose with both parliamentary procedure and even the law. Therefore, future Back-Bench Bills that emerge, be they Cooper-Letwin or the one I particularly want to introduce: a Royston-Vaizey Bill with the backing of my hon. Friend the Member for Southampton, Itchen (Royston Smith)—[Interruption.] Is my hon. Friend the hon. Member for Corby just going to make points from a sedentary position or will he make an intervention? Will he be man enough? I therefore hope the Royston-Vaizey Bill would get the support of my hon. Friend the Member for Stone.

--- Later in debate ---
None Portrait The Chair
- Hansard -

That is also not.

Lord Vaizey of Didcot Portrait Mr Vaizey
- Hansard - -

We are debating the constitutional propriety of the regulation. Does my hon. Friend share my concern that too many hon. Members are playing fast and loose with our constitution? Is it now a constitutional proposal that this House abides by opinion polls? If it is, the Australian Labor party would now be in government, based on the last opinion poll. If it is not, surely we need a confirmatory referendum on no deal.

None Portrait The Chair
- Hansard -

Totally irrelevant. Let us get back to where we were.

EU: Withdrawal and Future Relationship (Motions)

Lord Vaizey of Didcot Excerpts
Monday 1st April 2019

(5 years ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Nigel Evans Portrait Mr Nigel Evans
- Hansard - - - Excerpts

Will the hon. Gentleman give way?

Lord Vaizey of Didcot Portrait Mr Edward Vaizey (Wantage) (Con)
- Hansard - -

Will the hon. Gentleman give way?

Peter Kyle Portrait Peter Kyle
- Hansard - - - Excerpts

I am going to make some progress. I promised Mr Speaker that I would take about six minutes, and I am trying hard to honour that promise.

Last week, 268 Members voted for the principle of a confirmatory ballot—the largest number of votes for any alternative Brexit proposition up to that point. The principle has effectively been used twice in the past 20 years to solve complex, divisive issues.

The first occasion was on the Belfast or Good Friday agreement. Many people, institutions and organisations were asked to give a lot to cement the deal, but they gained a lot together despite sections of Northern Irish society strongly rejecting it. The Good Friday agreement was put to a confirmatory ballot that confirmed the deal and led to a decisive end to the arduous process and a peace that has endured to this day. I do not want to risk undoing those gains, which is another reason why we need to unlock our politics.

--- Later in debate ---
Peter Kyle Portrait Peter Kyle
- Hansard - - - Excerpts

The Labour manifesto was published two and a half weeks after I agreed to stand as a Labour candidate, and the deal we are now debating was reached a year and a half after the general election. We did not see the Chequers agreement, the Government’s negotiating stance or the deal until months after that general election. By standing on either manifesto, we did not give the Government a blank cheque to deliver any deal.

Lord Vaizey of Didcot Portrait Mr Vaizey
- Hansard - -

The simple answer to the manifesto point is that the coalition Government worked out a completely different set of policies, literally behind closed doors, after the 2010 election, and the Conservative party lost the 2017 election. The reason why the Brexiteers cite the manifestos is that they are trying to stop Parliament having a say on Brexit.

Is the hon. Gentleman aware, as I read in The Times this morning, of a secret letter that was sent to the Prime Minister by 170 Conservative MPs, and which they refuse to publish, apparently advocating no deal, in direct contravention of a resolution passed in this House? That shows a complete lack of respect.

Peter Kyle Portrait Peter Kyle
- Hansard - - - Excerpts

I am not aware of that letter, but it is something we have seen time and again. We have to ask ourselves a fundamental question: people going to Chequers to discuss stitch-up deals behind closed doors, and people writing letters to the Prime Minister that are not in the public domain—is that an elitist stitch-up? Alternatively, is getting Brexit out of Parliament, out of Westminster and into every community up and down our country an elitist stitch-up? One of those two is an elitist stitch-up, and I believe in my heart that I am on the right side of the argument so far.

Motion (E) offers two benefits that Members cannot afford to ignore. It breaks the deadlock in Parliament; I reassure Opposition Members that the motion makes it explicit that Parliament is withholding consent for the deal until it is confirmed by the public. It cannot be said that, by supporting the motion, Members are supporting the deal.

Secondly, the motion allows us to offer a definitive end to this nightmare. It is a sign of failure that we could not resolve Brexit alone, but it is at least honest to admit our failure. We owe the public an apology for the need to return to them one more time, but at least it will be only one more time.

--- Later in debate ---
Steve Barclay Portrait Stephen Barclay
- Hansard - - - Excerpts

With all due respect to the right hon. Lady, the passion and persistence with which she campaigns for her specific view is perhaps an indication of the lack of compromise that there sometimes is in the wider debate.

Lord Vaizey of Didcot Portrait Mr Vaizey
- Hansard - -

Will the Secretary of State give way?

Steve Barclay Portrait Stephen Barclay
- Hansard - - - Excerpts

I have just five minutes, but I will take one further intervention. Then, I think, Mr Speaker, your steer is that I should press on.

Lord Vaizey of Didcot Portrait Mr Vaizey
- Hansard - -

I am sorry to intervene on the Secretary of State. I was going to raise this point in my speech with the hope that he would respond to it, but he is now speaking before me. Will he illuminate the House on the letter that has gone to the Prime Minister from 170 of our colleagues? Did he sign it? What is in it? Is it true, as the papers are being briefed, that it keeps no deal on the table, despite the resolution of this House?

Steve Barclay Portrait Stephen Barclay
- Hansard - - - Excerpts

All of us, as politicians, are often accused of not answering questions, so let me be very specific. I have not signed any letter of the sort. I have the opportunity to meet the Prime Minister most days and if I have a point to raise with her I do so.

--- Later in debate ---
Lord Vaizey of Didcot Portrait Mr Edward Vaizey (Wantage) (Con)
- Hansard - -

I want to start with my usual mantra. I have voted for Brexit three times, and I have backed the Prime Minister's withdrawal agreement, but I will be supporting the customs union and common market 2.0 tonight. I want to make it absolutely clear to anyone who is thinking of not doing so that supporting those options will not preclude them from supporting the withdrawal agreement, should it come back as MV4.

It is clear that we need a plan B. The House needs to show what it is in favour of if we cannot get the withdrawal agreement through. The reason for that is that, sadly, certain elements in my party are hellbent on shoving through a no-deal Brexit. I apologise to the Secretary of State for putting him in the same category, but I read on the cover of The Times this morning that 170 Conservatives had signed a letter to the Prime Minister—they kept it secret from all their other colleagues, by the way, so keen are they on debate—calling for no deal, despite Parliament’s resolution. Parliament has to vote tonight in support of these measures to show that it remains in favour of a reasoned exit from the EU, and it must not be taken in by some of the absurd arguments that we are hearing.

I am confused about how, three years after the referendum, we have got to a place in which no deal turns out to be allegedly what people voted for. I look aghast at some colleagues who I have long admired, who have spent the last three years attacking the judges for daring to suggest that Parliament might have a vote on article 50; praying in aid the manifesto which we lost on, despite having supported for five years a coalition Government who governed on a manifesto that had not existed in 2010; and berating remainers for treating with foreign powers and then merrily going off to the Polish and Hungarian Governments and asking them to force a no-deal Brexit on the United Kingdom.

The fact is that too many of our colleagues have decided that they are the self-appointed interpreters of Brexit, and that anything that gets in their way has to be stopped. When those of us in this House—I count in this almost everyone in the Chamber this evening—want to make reasonable progress and deliver Brexit in a reasonable way, the constitutional experts from the hard Brexit wing emerge to tell us that what we are doing represents the biggest constitutional outrage, oblivious to the fact that one of their colleagues has called for the prorogation of Parliament to get through a hard Brexit, and for a no-confidence vote in the Government from which he still takes the Whip.

The fact is that we seek a compromise. I voted for the withdrawal agreement. It has been supported by Gove, Leadsom, Fox, Grayling and Leigh—all people whose Brexit credentials cannot be second-guessed. For those who worry about the manifesto, it accords with the manifesto. If we cannot have the withdrawal agreement, we need a reasonable way to leave the European Union and deliver on Brexit. According to what the Brexiteers said during the leave campaign, Norway was on the table, Switzerland was on the table and EFTA was on the table. The House wants to leave with a deal, but if we do not show tonight that we are in favour of a deal, I guarantee that my colleagues will do their level best in the next two weeks to drive through a hard, no-deal Brexit.

EU Exit Day Amendment

Lord Vaizey of Didcot Excerpts
Wednesday 27th March 2019

(5 years, 1 month ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Mark Francois Portrait Mr Mark Francois (Rayleigh and Wickford) (Con)
- Hansard - - - Excerpts

I want to ask the Minister about a technical point. The operative paragraph of the explanatory notes that accompany the SI says that, if the House of Commons does not approve the withdrawal agreement by 11 pm on 29 March 2019—the so-called relevant time—the treaties will instead cease to apply at the earlier date of 11 pm on 12 April 2019.

Mark Francois Portrait Mr Francois
- Hansard - - - Excerpts

Thank you, that is very kind. I do my best, Ed. Thanks mate.

Lord Vaizey of Didcot Portrait Mr Vaizey
- Hansard - -

You are doing well.

Mark Francois Portrait Mr Francois
- Hansard - - - Excerpts

Great. I will carry on then.

The Government were meant to lay a commencement order to allow us to leave. As I understand it, they never laid such an order—I do not know whether they were ever going to. Does this SI now have the effect that the commencement order would have had? In other words, if we approve the SI and have not approved the meaningful vote, would we then leave at 11 pm on 11 April, without the need for a separate commencement order? I think the Minister understands the question.

--- Later in debate ---
Mark Francois Portrait Mr Francois
- Hansard - - - Excerpts

I am going to finish.

I believe, on that basis, that the threat of a long extension has always been a false one and that if we get to 12 April, we can leave, because I believe that those who believe in the project would not allow the extension.

Finally, the Government spent £9 million on sending a document to every household in this country, before the referendum, that said, “This is a once-in-a-generation decision. This is your decision and we will implement what you decide.” If the people in this House overturn that decision, the people will be extremely angry. Do not say you were not warned.

Lord Vaizey of Didcot Portrait Mr Vaizey
- Hansard - -

rose

--- Later in debate ---
John Bercow Portrait Mr Speaker
- Hansard - - - Excerpts

It is very good of the right hon. Gentleman to advise me, but I was going to call Mr Double, and then Mr Vaizey.

Lord Vaizey of Didcot Portrait Mr Vaizey
- Hansard - -

indicated dissent.

John Bercow Portrait Mr Speaker
- Hansard - - - Excerpts

You can divide it between you.

Steve Double Portrait Steve Double (St Austell and Newquay) (Con)
- Hansard - - - Excerpts

Many good speeches have been made this evening about the validity of the instrument we are being asked to vote on, but I wish to talk briefly about what I believe what is taking place tonight looks like to the British people, particularly the 17.4 million people who voted to leave the EU. Many of the British people have put their trust in this place and we told them that we would be leaving the EU on 29 March, in just two days. The passage of this statutory instrument to delay that date is a breach of trust with the British people, who trusted us and took us at our word when we said we would be leaving at the end of this month. Many people are concerned that Brexit is being stolen by the establishment in this place, and the passage of this instrument is another step towards that taking place.

Many people will feel that this change is wrong for the very reason that has been mentioned many times: we have been told that we do not have a choice tonight, that the EU has already made this decision for us and that the date on which we leave is going to be delayed. We have been told that what we do tonight is irrelevant because the decision has already been made, so we should just pass it through. If we want an example of why many of the 17.4 million people voted to leave, that is it. Is there any pretence that this House has sovereignty over our own rules? We cannot even decide for ourselves the date on which we are going to leave. We have been told it by the EU. We could not even get the date that we wanted, which was negotiated away. I shall therefore keep trust with the word that we gave the British people when we said we would leave on 29 March and will not support this statutory instrument tonight.

Lord Vaizey of Didcot Portrait Mr Vaizey
- Hansard - -

rose

--- Later in debate ---
Lord Vaizey of Didcot Portrait Mr Edward Vaizey (Wantage) (Con)
- Hansard - -

Everyone on the Government Back Benches has spoken against this statutory instrument; I just have time to say that I fully support it. I cede my place to my hon. Friend the Member for South Norfolk (Mr Bacon).

European Union (Withdrawal) Act 2018: Statutory Obligations on Ministers

Lord Vaizey of Didcot Excerpts
Tuesday 11th December 2018

(5 years, 4 months ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts

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

Lord Vaizey of Didcot Portrait Mr Edward Vaizey (Wantage) (Con)
- Hansard - -

I fear I have raised the bar too high, Mr Speaker.

It seems unlikely that the Prime Minister will get any substantial changes to the withdrawal agreement, so it is beginning to look like she has withdrawn the vote for her benefit, not for Parliament’s benefit. Is it not time to bring back the withdrawal agreement, have the vote and allow Parliament to make a decision? Like the Minister, I do not favour a second referendum. I would like Parliament to reach a conclusion on Brexit.

Robin Walker Portrait Mr Walker
- Hansard - - - Excerpts

We are all clear that Parliament will have its crucial say in this process, which is why I made this statement to make it clear that there will be a meaningful vote before Parliament. I agree with my right hon. Friend that the date of 21 January is at the back end of when we want to see that vote. We want to see it come sooner, and I am sure that the Prime Minister will strive to ensure that she can bring it to the House even sooner than that.

Brexit Negotiations and No Deal Contingency Planning

Lord Vaizey of Didcot Excerpts
Tuesday 4th September 2018

(5 years, 7 months ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Dominic Raab Portrait Dominic Raab
- Hansard - - - Excerpts

I can say to the right hon. Gentleman that we will not allow anything to be done that would threaten either the territorial or the constitutional integrity of the United Kingdom. I continue to be keen to keep up the strong engagement with all the devolved Administrations and with all the parties across those Administrations.

Lord Vaizey of Didcot Portrait Mr Edward Vaizey (Wantage) (Con)
- Hansard - -

It may well be that Chequers is in trouble, but can we please stop bandying about this idea that we can leave without any deal at all? Surely we need a series of deals, ranging from aviation onwards. For example, in my constituency many people work at Culham on nuclear fusion. Can the Secretary of State tell me what would happen if we were to leave with no deal? Would the British companies that have built up huge expertise in that area have access to the next stage of fusion, which is being built in France and of which we have membership as a member of the European Union? What would happen with no deal?

Dominic Raab Portrait Dominic Raab
- Hansard - - - Excerpts

My right hon. Friend is absolutely right to say that no deal is not something that we would entertain lightly. It is not what we want and it is not our priority, but it takes two to tango in a negotiation, and if our ambition and pragmatism are not matched, we will need to ensure that we can give effect to the referendum. On the issue that he has described, if he peruses the technical notices at great length, he will find some of the answers that he is looking for. In relation to the technical notices and guidance that we are providing, we are now around a third of the way through to the final total that we will be putting out to provide reassurance to individuals, businesses, non-governmental organisations and public bodies.

European Union (Withdrawal) Bill

Lord Vaizey of Didcot Excerpts
Philip Davies Portrait Philip Davies
- Hansard - - - Excerpts

I am afraid that the public are not fooled by the motives of people who clearly want to delay, frustrate or overturn the result of the referendum. It is a shame some of them cannot admit it. The shadow Secretary of State said that people had said over a long period of time that if we did this or that, Brexit will be frustrated. May I just suggest to him that he gets out of London, because people around the country feel that Brexit is being frustrated? It is already being frustrated a great deal by this House. So he has this idea that Brexit has not been frustrated, but he needs to get—

Philip Davies Portrait Philip Davies
- Hansard - - - Excerpts

My right hon. Friend, who has taken a vow of independence since he lost his job as a Minister—he had never shown this before—asks how. I would invite him to get out—[Interruption.] He is welcome to come up to Yorkshire—

Lord Vaizey of Didcot Portrait Mr Vaizey
- Hansard - -

I go there frequently.

Philip Davies Portrait Philip Davies
- Hansard - - - Excerpts

He should speak to people then. I am perfectly content for this House to vote on whether it wants to accept the deal negotiated by the Government that they come back with. It is absolutely right that this House votes on whether or not to accept that deal, and the Government should accept the vote of this House. What it cannot do, having decided to give the people a vote in a referendum, is find some strange parliamentary mechanism in order to frustrate and overturn the result—

European Union (Notification of Withdrawal) Bill

Lord Vaizey of Didcot Excerpts
3rd reading: House of Commons & Committee: 3rd sitting: House of Commons & Report stage: House of Commons
Wednesday 8th February 2017

(7 years, 2 months ago)

Commons Chamber
Read Full debate European Union (Notification of Withdrawal) Act 2017 View all European Union (Notification of Withdrawal) Act 2017 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Committee of the whole House Amendments as at 8 February 2017 - (8 Feb 2017)
Joanna Cherry Portrait Joanna Cherry
- Hansard - - - Excerpts

Indeed. My hon. Friend takes great interest in teaching, research and science, which was her own field before she came to Parliament. Many Scottish universities, including Herriot-Watt and Napier in my constituency, are extremely concerned about the brain drain that could occur as a result of the failure to reassure EU nationals living in the UK about their rights. With that, I repeat my support for the SNP’s amendment 54 and new clause 141 in relation to Gibraltar.

Lord Vaizey of Didcot Portrait Mr Edward Vaizey (Wantage) (Con)
- Hansard - -

I am grateful for the chance to speak briefly. It is a great pleasure to follow the hon. and learned Member for Edinburgh South West (Joanna Cherry), whom I gather felt that she had not previously had the opportunity to put her points. She has taken about 10% of the time allocated to debate this group of amendments, so I hope that she feels that she has now had the opportunity to make her case, and she did so extremely eloquently.

I want to cover a few bases. [Interruption.] There is a lot of noise coming from the Opposition Benches; it is quite hard to think or speak, but I will plough on. I feel extremely strongly about the rights of EU citizens living in the United Kingdom. I had a meeting in my constituency on Friday, in which I discussed Brexit with about 150 people, including a lot of people from different EU countries, because there are a great many scientific research and high-tech international companies based in my constituency.

These are people who contribute. I note that people love to talk about the economic contribution made by citizens from Europe, but I also deeply value their social contribution. They are incredible people who not only provide world-class expertise to many businesses and science, but make a huge contribution to the communities in my constituency. They are obviously devastated by what has happened and they seek reassurance from the Government.

I am not going to support any particular amendments, because I think that would mess up the Bill and that they would not necessarily achieve what they seek to achieve. I am also deeply reassured by the Home Secretary’s letter, which was circulated earlier, and by the Prime Minister’s repeated comments about how she is going to make it an absolute priority to get clarity on the rights of EU citizens.

Lord Vaizey of Didcot Portrait Mr Vaizey
- Hansard - -

I give way to a former Treasury official.

Helen Goodman Portrait Helen Goodman
- Hansard - - - Excerpts

The right hon. Gentleman said that there was a letter from the Home Secretary. Was it a letter for Conservative Members only? Now that he has referred to it in the House, is it not appropriate to put it on the Table or in the Library for all hon. Members to see?

Lord Vaizey of Didcot Portrait Mr Vaizey
- Hansard - -

I may have made a faux pas. It was addressed “Dear Colleague”, and may have just been sent to me. It might be private correspondence between me and the Home Secretary, for me to circulate to my European constituents, who are among the most talented Europeans living in this country.

Helen Goodman Portrait Helen Goodman
- Hansard - - - Excerpts

On a point of order, Mrs Laing. Is it appropriate for an hon. Member to refer to a document that is not available to the whole House?

--- Later in debate ---
Eleanor Laing Portrait The First Deputy Chairman
- Hansard - - - Excerpts

The right hon. Gentleman is absolutely right, as ever—[Interruption]—or as often. If a letter or any document was produced by a Government Minister in his or her capacity as a Government Minister that was intended for the information of the whole House, it would indeed have to be placed in the Library or the Vote Office, or distributed on the Benches. Hypothetically, if there is a letter—I do not know whether there is or not—addressed privately to an hon. Member, it is a matter for the hon. Member.

Lord Vaizey of Didcot Portrait Mr Vaizey
- Hansard - -

I am already in enough trouble with my Whips, Mrs Laing, so I suppose another faux pas will not get me to a much better place. I have only been in the House for 11 years, so I am still learning the ropes.

Mark Harper Portrait Mr Harper
- Hansard - - - Excerpts

My right hon. Friend has been here only as long as I have, so we are clearly both still learning the ropes. I wanted to assist him. The Prime Minister has been clear on the record that she intends to take a very generous approach. To go back to the point made by the hon. and learned Member for Edinburgh South West (Joanna Cherry), part of the roadblock is that some EU member states will not negotiate with us until we have triggered article 50. In fact, the quicker we get the Bill on the statute book and get article 50 triggered, the quicker we can get that arrangement in place and reassure EU nationals in Britain and British citizens overseas.

Lord Vaizey of Didcot Portrait Mr Vaizey
- Hansard - -

That is an excellent point. A difficult road lies ahead and we will have to make some pretty unsavoury compromises. They are understandable compromises, but we should make no mistake that the mood of the House among many colleagues who supported Brexit is to move as quickly as possible to provide reassurance to European citizens in this country. I wanted to use this opportunity, before I got mired in a procedural quagmire and moved closer to the Chief Whip’s tarantula, to make it as clear as possible that I stand four-square behind European Union citizens living in this country and their contribution.

Tasmina Ahmed-Sheikh Portrait Ms Tasmina Ahmed-Sheikh (Ochil and South Perthshire) (SNP)
- Hansard - - - Excerpts

We have heard much talk in the House, particularly from the Prime Minister, about the idea of global leadership. Will the right hon. Gentleman explain precisely his definition of global leadership if it does not mean being a leader and standing up for EU nationals living in this country?

Lord Vaizey of Didcot Portrait Mr Vaizey
- Hansard - -

The hon. Lady makes an interesting point and allows me to segue to the next issue, which is Britain’s global leadership in free trade.

Hon. Members who were lucky enough to hear me speak on Second Reading know that the constant talk of free trade treaties is driving me round the bend. As a Minister, I took part in the state visit from President Xi, and as a Member of Parliament I was in Westminster Hall to hear the address from President Obama—I know I should not stray on to the subject of presidential addresses in Westminster Hall, which is a dangerous road to go down—and I fail to understand those who cite the lack of British influence that has existed while we have been members of the European Union. Heads of State and Presidents from countries all over the world are only too happy to come and visit.

I am a loyal Conservative Member, but the point made about Germany’s trade with China was well made. People refer constantly to free trade treaties. I hope we will be able to negotiate them within a matter of days of leaving the European Union, but it strikes me that people are unaware of what happens in the real world if they think that our farmers, who are the best example, will simply sign up without a murmur to free trade treaties with countries such as the United States, which has very different welfare standards from ours. I understand the arguments of those who support free trade with, for example, developing nations, and I understand people who say that we should open our markets to them and support our farmers in different ways, but our farmers will have severe concerns. We also have to wonder whether developing nations have the same welfare standards as us.

Lord Soames of Fletching Portrait Sir Nicholas Soames (Mid Sussex) (Con)
- Hansard - - - Excerpts

I entirely agree and support my right hon. Friend on his first point. On his second point, does he agree that many hon. Members, while wishing the very best, worry that those deals and transactions will take a long time to fulfil, particularly in the case of the farmers, and that there is therefore the great danger of being in limbo-land?

Lord Vaizey of Didcot Portrait Mr Vaizey
- Hansard - -

That worries me, and I thank my right hon. Friend for making the point.

This is obviously a remoan. I know it is a remoan. I am a remainer just getting things off my chest. It is probably not very constructive, but it strikes me as bizarre that we have given up extraordinary influence over a market of 500 million people to sail off to negotiate free trade deals that will not be without controversy.

Lord Vaizey of Didcot Portrait Mr Vaizey
- Hansard - -

I see a former Trade and Industry Minister who will correct me.

Lord Lilley Portrait Mr Lilley
- Hansard - - - Excerpts

I would not dream of correcting my right hon. Friend, but I would ask him this question. When it appeared that we were going to stay in the EU, was he concerned about the terms of the Transatlantic Trade and Investment Partnership and what that would have done to British farmers? Was he concerned about the trade agreement with the Canadians, of which we have today voted to take note? Was he concerned about those things, or is he concerned only when it feeds his remaining remoan tendencies?

Lord Vaizey of Didcot Portrait Mr Vaizey
- Hansard - -

I did not accept the argument that TTIP would undermine our NHS, and I did not receive any representations from my farmers about its impact on them. I was concerned about the French introducing cultural protections, but felt that we were getting close to a free trade agreement thanks to the negotiating power of the European Union.

Kit Malthouse Portrait Kit Malthouse
- Hansard - - - Excerpts

Further to the intervention from my right hon. Friend the Member for Hitchin and Harpenden (Mr Lilley), I wonder whether the logical extension of the argument of my right hon. Friend the Member for Wantage (Mr Vaizey) is that we should withdraw from the World Trade Organisation. For example, is it fair that the textile workers of Leicester were exposed through our WTO membership to the textile industry in China, which has largely meant a transfer of that industry to that country?

Lord Vaizey of Didcot Portrait Mr Vaizey
- Hansard - -

My argument is simply that it will be very difficult to negotiate the free trade agreements that people talk about. It is a very unconstructive and unhelpful argument and will not take us very far. It is more therapy on my part because I feel so frustrated that the tone of the debate since the referendum has been so awful and unpleasant; that we forget that 48% of the country voted to stay in the European Union; and that we are unable to build a consensus on the way forward. The remain part of the House and the country has, by and large, accepted that the referendum result is clear and decisive, and that it will take us out of the EU. We want to work extremely constructively to make that happen, despite my earlier remarks. We are urging all sides to have a realistic assessment of how difficult it will be so that we can work together in the national interest.

Melanie Onn Portrait Melanie Onn (Great Grimsby) (Lab)
- Hansard - - - Excerpts

The right hon. Gentleman is being generous with his time. I agree with his point about trying to reach consensus for the sake of the country. Is he as concerned as I am about the protectionism of other countries and the dangers it presents in international trade? After a change of leadership in Nigeria, the Nigerians, on a whim, wrote a list of imports that they would no longer accept, which cut off all existing trade with UK companies, including one in my constituency that exported to Nigeria.

Lord Vaizey of Didcot Portrait Mr Vaizey
- Hansard - -

I agree with the hon. Lady and that example reinforces my belief that free trade deals will not be easy to negotiate.

What I am really saying, I suppose, is that my constituents who voted to remain—especially those who come from other European countries—have a great deal of anxiety and want a realisation that we cannot wave a magic wand but that this will need hard pounding. I stand foursquare with the Government on ensuring that we get the best deal possible.

Lord Vaizey of Didcot Portrait Mr Vaizey
- Hansard - -

I give way to one of the great experts on the implications of leave.

Steve Baker Portrait Mr Baker
- Hansard - - - Excerpts

I want to cheer my right hon. Friend up a little and apologise to him as I may have inadvertently failed to invite him to meet the Legatum Institute special trade commissioners who visited Parliament on Monday. The Mexican trade commissioner, who was one of the original North American Free Trade Agreement negotiators, explained to us the danger that NAFTA may need a major renegotiation under President Trump. With talk of the need to get the substance right and then get it through three Parliaments, it sounded as if it would take a terribly long time, but they think it can be concluded by October 2018. The experience of actual trade negotiators who have negotiated such agreements is that they can be done quickly.

Lord Vaizey of Didcot Portrait Mr Vaizey
- Hansard - -

I will visit my hon. Friend’s constituency in April, so we can discuss the matter at length as I turn his leave association into a remain one. I know the Legatum Institute well because the chap who has become flavour of the month for his knowledge of trade deals, Shanker Singham, was at school with me, which automatically makes him a dangerous member of the liberal metropolitan elite. It is important that we are aware that one of the Brexiteers’ great champions is a member of the dangerous liberal metropolitan elite—

Lord Vaizey of Didcot Portrait Mr Vaizey
- Hansard - -

Talking of which, I will take an intervention from my very old friend and former BBC presenter.

John Nicolson Portrait John Nicolson
- Hansard - - - Excerpts

Does the right hon. Gentleman agree that the danger is that we will be caught between a rock and a hard place? If our farmers lower their standards to compete with American imports under free trade, those standards may then be too low for the foodstuffs to be admitted to the European Union. It would be a difficult place to be.

Lord Vaizey of Didcot Portrait Mr Vaizey
- Hansard - -

That is just one of many factors we must take into account.

I have tested the patience of the Committee with my wisecracks, and I now want to talk about my main, very serious issue—the withdrawal from Euratom, which will directly affect my constituency. My hon. Friend the Member for Henley (John Howell), who is no longer in his place, represents the Culham Centre for Fusion Energy, where the main research into nuclear fusion—the holy grail of sustainable energy—takes place. In 2014 we signed an almost €300 million contract to run the Joint European Torus on that site until 2018. We are now negotiating to take the programme forward. The JET, based in Oxfordshire, accounts for a quarter of the European fusion programme budget. Other money comes from ITER, the global fusion project. It will take place in France but still provides financial support for British projects including, for example, €40 million of remote handling equipment awarded to the United Kingdom Atomic Energy Authority—based in Oxfordshire—as part of a wider consortium.

Coming out of Euratom would present some difficult issues, including a requirement to conclude new bilateral co-operation agreements with the United States and approximately 20 other countries to maintain our access to intellectual property and nuclear technologies; removing the requirement for the UK to comply with Euratom’s safety regimes, which would prevent other countries from collaborating with us; and further potential delays and cost increases to the nuclear new build programme. I am extremely unhappy that the Bill will take us out of Euratom—and I was also unhappy that I had no warning of that—but I am grateful to Ministers, some of whom are in their places, for their reactions on this issue. I have been able to have discussions with Ministers from the Departments for Exiting the European Union and for Business, Energy and Industrial Strategy. I am grateful to the Minister for Universities, Science, Research and Innovation, my hon. Friend the Member for Orpington (Joseph Johnson), who has personally met the Culham chief executive, and to my right hon. Friend the Secretary of State for Business, Energy and Industrial Strategy who has also spoken to the chief executive. I am also delighted that the Under-Secretary of State for Business, Energy and Industrial Strategy, my hon. Friend the Member for Hereford and South Herefordshire (Jesse Norman), is due to visit Culham. Every effort is being made to ensure that at its all-staff meeting tomorrow proper reassurances can be given.

Angus Brendan MacNeil Portrait Mr MacNeil
- Hansard - - - Excerpts

Does the right hon. Gentleman think that all the conversations he has had are equal to the €300 million subsidy for Oxfordshire?

Lord Vaizey of Didcot Portrait Mr Vaizey
- Hansard - -

As far as I understand it, that subsidy is not going away, and certainly shortly after the referendum the Science Minister guaranteed science funding up to 2020. I am sure that we will find some way to be a member of Euratom and to benefit, because British—and European—scientists working in Culham are vital to that project.

Charlie Elphicke Portrait Charlie Elphicke
- Hansard - - - Excerpts

It is welcome to hear that Ministers have been so heavily engaged with my right hon. Friend following the concerns he raised on Second Reading. Does he agree that Euratom is so closely linked with the European Union that it would be difficult for the United Kingdom to continue to be a member of Euratom while leaving the European Union?

Lord Vaizey of Didcot Portrait Mr Vaizey
- Hansard - -

I will answer by saying that I agree that that is the Government’s position. I also understand that the Government will act to minimise any further legal challenge to the Bill. I reiterate that I cannot fault Ministers for their response since I raised the issue on Second Reading, in terms of engaging personally with me and with Culham.

I do not know whether I am walking into a point of order quagmire, but I hope that Ministers will publish a document that will explain their strategy for taking forward Euratom as soon as they are able to do so. The key point is that the Government have no intention of walking away from Euratom because they somehow disagree with the principle of Euratom’s existence or the work that it does. It may sound trite when talking about people’s futures, but this is a technical withdrawal and I have been impressed by the energy of Ministers in engaging on this issue.

Baroness Hayman of Ullock Portrait Sue Hayman (Workington) (Lab)
- Hansard - - - Excerpts

A constituent of mine who is an employee of the National Nuclear Laboratory has told me he is concerned that an exit from Euratom would impair his ability to collaborate with leading scientists and engineers across Europe, to the detriment of science and technology in this country. Does the right hon. Gentleman agree with that point?

Lord Vaizey of Didcot Portrait Mr Vaizey
- Hansard - -

The hon. Lady makes exactly the point about why people are concerned. As I hope I have made clear, Ministers are putting in a great deal of energy—I am full of terrible puns today—to ensuring that the implications of our technical withdrawal from Euratom are minimised, and that we can restore our de facto membership in the coming months.

Alex Salmond Portrait Alex Salmond
- Hansard - - - Excerpts

The right hon. Gentleman is making a considered speech, as I would expect, but has he considered the possibility that if the Bill passes unamended, his position and point of influence will pass with it? It might be better to have something in writing in the Bill, rather than all these warm words, cups of tea and assurances.

Lord Vaizey of Didcot Portrait Mr Vaizey
- Hansard - -

I hear what the right hon. Gentleman says, but I have known the Secretary of State for Business, Energy and Industrial Strategy for many years and shared many warm cups of tea with him, so I accept his warm words. I fully expect him to be in his post for several years to take this forward.

Kit Malthouse Portrait Kit Malthouse
- Hansard - - - Excerpts

My right hon. Friend is concerned about Euratom. Has he considered the alternative? Given that in the last funding round Euratom had to fight very hard to try to maintain its funding, a position it is unlikely to be able to maintain in future, and the fact that the largest single contributors to Horizon 2020, the Germans, have taken the decision to phase out their civil nuclear programme all together, is he not concerned that over the next couple of decades continued membership of Euratom might expose us to diminishing research funding? Exit from the EU could provide us with the opportunity to partner bilaterally with other countries, as we do already with India and South Korea, and therefore expose ourselves to a wider pool of research.

Lord Vaizey of Didcot Portrait Mr Vaizey
- Hansard - -

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.

George Howarth Portrait The Temporary Chair (Mr George Howarth)
- Hansard - - - Excerpts

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.]

European Union (Notification of Withdrawal) Bill

Lord Vaizey of Didcot Excerpts
Tuesday 31st January 2017

(7 years, 2 months ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Baroness Stuart of Edgbaston Portrait Ms Gisela Stuart (Birmingham, Edgbaston) (Lab)
- Hansard - - - Excerpts

I thought that I had earned myself a reputation for brevity, but I think I have been resoundingly beaten. I offer the right hon. Member for New Forest East (Dr Lewis) my congratulations.

Lord Vaizey of Didcot Portrait Mr Edward Vaizey (Wantage) (Con)
- Hansard - -

You can sit down now.

Baroness Stuart of Edgbaston Portrait Ms Stuart
- Hansard - - - Excerpts

Tempting as that invitation is, I will not take it up.

This is an historic debate. It is immensely historic not because of what we as Members of Parliament will do, but because of what the people did on 23 June 2016. They have now given us the task of implementing that decision—to avoid any arguments about the figures, let us just say that the Bill is less than 150 words long—and we are now charged to do so because the people told us to leave.

When the people told us to leave, there were some broad principles behind what they said. The first principle is that parliamentary sovereignty does not mean being sovereign over the people. It is about the relationship between the sovereign and Parliament. We are representatives in a parliamentary democracy, but when we decide to have a direct mandate, it is our duty to implement that direct mandate. I would not for one moment pretend that it is easy to adapt the structures, but that is our challenge.

The second principle relates to the fact that there was a 72.2% turnout. It is absolutely true that just over 16 million people voted to remain, but more people voted to leave. It is now our duty to do two things: to implement the decision of the majority; and immediately afterwards, to focus on representing the people as a whole.

I chaired the official leave campaign. The leave campaign was clear that it was about taking back control of our borders. That meant we wanted an immigration policy based not on geography, but on skills and economic need. We wanted to take back control of our laws and of our trade negotiations. I also happen to think that the Government should actually honour the election pledge that was made that at least £100 million a week—money saved from not making direct contributions to the EU—should go to the NHS, which is short of money.

That brings me to the nature of article 50, which is where history is important. I was the draftsman—or draftswoman—of the original provision that led to article 50. It was actually an expulsion clause in the draft European constitution, which said that any country that did not ratify the European constitution would be asked to leave within two years. It is in the nature of the European Union that anything on the drawing board is never allowed to go away, and it became a leaving clause—hence the period of two years—but nobody seriously thought through how it should be implemented. The challenge for us is therefore to do what has not as yet been imagined. All the current structures are designed for countries to move increasingly closer, not to leave the European Union, but we are leaving.

Numerous speakers have referred to nationalism, but one of the reasons why the United Kingdom is in a unique position is that, under George I, the British Isles developed a concept of supranationalism. That is why someone like me—I was born in Munich—can say with great comfort that I am British, although I will never be English. The British people have therefore never felt the need to overcome the darker side of nationalism with supranationalism. At the same time, there is one thing, which we have not mentioned, that makes the whole European Union debate different. Various people have relived their youth, but when the euro was introduced, the whole dynamics of the European Union and its relationship to countries that said they would not join the single currency changed. I regard the outcome of the referendum as a logical conclusion of Maastricht. We said that we would not join the single currency and the Schengen common travel area. In the negotiations, we could not come to a deal to accommodate that.

I chair Change Britain, which we set up after the referendum. It is important, irrespective of how we voted, to bring people together. We have been working on a number of principles, including—I welcome what was said from the Government Front Bench—enshrining workers’ rights. It is equally important to enshrine environmental rights and ensure our communities are protected. It is extremely important for us on the Labour side to realise that we now have to fight for the Labour heartlands that never recovered from the 1980s.

It is also extremely important to protect the rights of EU citizens. Let us remember that, of the 2.8 million EU citizens living here, approximately 1.8 million have already established their right to be here. It is those who have been here for less than five years whom we really need to protect.

--- Later in debate ---
Lord Vaizey of Didcot Portrait Mr Edward Vaizey (Wantage) (Con)
- Hansard - -

This has been a fantastic debate, which has focused on parliamentary sovereignty. And how good it is to see the Deputy Leader of the House starting on chapter one of “Erskine May”, such is his inspiration from the speeches that have been made today. It is never too late to start.

I was reminded by my hon. Friend the Member for Wycombe (Mr Baker), who has monitored everything we have said over the past decade—he pointed out to the leader of the Green party her anti-European stance a year ago—that my maiden speech, over a decade ago, was on Europe. I was in a sandwich between the hon. Member for Rhondda (Chris Bryant) and the hon. Member for Luton North (Kelvin Hopkins), if you can imagine that, Madam Deputy Speaker—stuck between a hard Europhile and a tough Brexiteer. I was somewhere in the middle. I described the European Union then as out of touch and a relic of the past, because Europe did have its faults: I would fight to my last political breath to stop us entering the single currency, the social chapter was a step too far, and the way that mass immigration has been handled has been a disaster.

However, I remain, with my hon. Friend the Member for Twickenham (Dr Mathias), a remainer. I campaigned for remain, and I can see the huge virtues and benefits of being a member of the European Union. I will, however, vote to support the Bill. It is a difficult thing for me to vote for. My constituency is solidly remain and has benefited from being a part of the European Union. We have benefited in so many ways that during the campaign I tried hard to see what the downsides were. As an MP, I could not think of a single law where Europe had got in the way—not even when voting for the brilliant education reforms of the former Education Secretary, my right hon. Friend the Member for Surrey Heath (Michael Gove). At no point did Europe trouble the sovereignty of this House, but it has given this country so many opportunities.

I approach the coming Brexit with a degree of nervousness. There is no point in crying over spilt milk. I absolutely accept the logic that if one backed the referendum by voting for it in this House, one then has to respect the result. One cannot use one’s privileged position in Parliament to stop the Brexit result. We can and must, however, hold the Government to account on a range of different issues. We promised in our manifesto that we would stay in the single market, but we all know that leaving the EU means we have to leave the single market and the customs union. We want to see how the Government will square that circle.

Many hon. Members have mentioned the plight of EU nationals. I have been inundated with emails from my constituents. One came in about an hour ago: “I am one of your constituents and I am still scared after seven months. My home is the UK, my Government is British and my Member of Parliament is you. I do not want to lose everything.” This lady is French. She has come over here and taken our jobs. She is a civil nuclear engineer: a highly skilled person providing a vital role in the UK. There are hundreds of thousands, if not millions, of people like her in the UK, and they need certainty as soon as possible. I understand the Government’s negotiating position, but I want some reassurances.

Heidi Allen Portrait Heidi Allen (South Cambridgeshire) (Con)
- Hansard - - - Excerpts

It is hard to be a remainer with remain constituents firing off such emails on an hourly, never mind a daily, basis. Would my right hon. Friend argue, like me, that the best thing we can do for them is fight with every fibre of our being to make sure that this deal is absolutely everything they need it to be?

Lord Vaizey of Didcot Portrait Mr Vaizey
- Hansard - -

Yes, and I will stand solidly with my hon. Friend on that. I want to protect the position of my constituents who are EU nationals and I want to protect the position of EU nationals in the UK.

The constituent I quoted is a scientist, which leads me to my third point. I am so angry with the Government over their position on Euratom. Not a single Minister has contacted me, my hon. Friend the Member for Oxford West and Abingdon (Nicola Blackwood) or my hon. Friend the Member for Henley (John Howell). The Culham research centre, the site of the Joint European Torus, employs hundreds of people and is at the heart of nuclear fusion research. We have all been inundated with countless emails from people who believe they are losing their job. The European Space Agency is in my constituency. If the Government are to make such an announcement in the explanatory notes of a Bill, at least they could alert the relevant MPs beforehand, and at least they could provide my constituents with a definitive statement about the future of European co-operation on civil nuclear engineering. I hope that Ministers will meet me this week and provide me with some material to give constituents of mine who are worried about their jobs, who have bought houses in this country and who want to know what the future holds.

I also wish to mention what was a personal passion as a Minister: the creative industries and technology. We need the skills from the European marketplace and we need certainty regarding the broadcasting directive. Many broadcasters, based in this country and providing thousands of jobs, are able to broadcast throughout Europe. And let us not forget culture. When we had the argument about TTIP, the first thing the French did was cut out culture from any free trade deal, and they will try the same when we negotiate our trade deal with Europe.

Talking of trade deals, one thing that really irritates me about this debate is the fiction that on day one of leaving the EU we will be handed a suite of lovely trade deals and we will simply sign them. We have already heard about this from Members. The campaigns and demos when we try to sign a free trade deal with the US, particularly on issues such as agriculture and manufacturing, will be huge. It will take years to negotiate them. I accept that they will happen, but I ask Members please not to mock others’ intelligence by pretending we are going to sign a suite of trade deals on day one of leaving the EU.

Also, please do not call us remainers “unpatriotic”. I had a meeting with constituents last week on Brexit, and I am having another at the end of this week, and many of those present are scientists. One in particular struck me when he stood up and said, “I’m a remainer. I have worked in science all my life. I have contributed to British science, and I am being made to feel unpatriotic because I work closely with my European counterparts and passionately believe that British science is better off in Europe.”

Finally, can we talk about the process? Again, I am sick and tired, considering that we are now restoring parliamentary sovereignty, of being told that to ask as a remainer that the Government be held to account, report back every three months on the process and progress and publish a White Paper is somehow trying to stop Brexit. It is not. If you are a Brexiteer and you believe in parliamentary sovereignty, or if you are a remainer and you hold on to the silver lining that parliamentary sovereignty is coming back, the logic is that it is incumbent on us all—

Michael Gove Portrait Michael Gove
- Hansard - - - Excerpts

Will my right hon. Friend give way?

Lord Vaizey of Didcot Portrait Mr Vaizey
- Hansard - -

I give way to the man on the rocks of whose leadership bid—

Natascha Engel Portrait Madam Deputy Speaker (Natascha Engel)
- Hansard - - - Excerpts

Order. The right hon. Member for Wantage (Mr Vaizey) has actually run out of time.

Exiting the European Union

Lord Vaizey of Didcot Excerpts
Monday 5th September 2016

(7 years, 7 months ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
David Davis Portrait Mr Davis
- Hansard - - - Excerpts

The first point to make is that we have been in the European Union for 40-odd years. The links are very complicated. The effects on much of our society are quite complex, and some of them are quite expensive to replicate. The hon. and learned Lady will get the information she is asking for, but stepwise, as it comes out and as we generate it, and it will be accurate and useful at that point in time. A few months is not going to be a problem for her constituents.

Lord Vaizey of Didcot Portrait Mr Edward Vaizey (Wantage) (Con)
- Hansard - -

May I also join in welcoming the three Secretaries of State to the Front Bench? They are like magnificent dreadnoughts at anchor, and we wait for them to set sail enforcing the pax Britannica. May I echo the comments about the importance of science, but also bring to the Secretary of State’s attention the creative industries, which grow three times faster than the UK economy as a whole? They rely to a certain extent on European regulations, such as the poetically named audiovisual media services directive and the general data protection regulation. May I gently nudge their interests near to the front of the queue as the Secretary of State takes us out of the European Union?

David Davis Portrait Mr Davis
- Hansard - - - Excerpts

I say to my right hon. Friend that he almost does not need to nudge them forward. I am very conscious of the issues relating to the film industry, in particular, which is a very mobile industry in both capital and personnel terms, and is therefore one that we are looking at very soon—indeed, it is the subject of one of the roundtables I was talking about earlier.