Early Parliamentary General Election Bill
Kevan Jones ExcerptsTuesday 29th October 2019
(4 years, 6 months ago)
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Mr Bob Seely (Isle of Wight) (Con)
I think we have had a filibustering of democracy for much of the last year. We have had endless games and arcane procedures to prevent Brexit, and we are seeing the same games today to prevent a general election. I think this Parliament is really reaching new levels of absurdity. In the Leader of the Opposition, we have—perhaps for the first time in history—a man who can neither lead nor oppose. I still do not quite understand whether he is supporting an election today. We need an election or we need Brexit. The Labour party voted against the Brexit timetable motion, which means that we cannot proceed. Therefore, we have to go for plan B, which is an election.
Mr Kevan Jones (North Durham) (Lab)
May I say to the hon. Gentleman that he is just wrong? On the morning of the vote on the first programme motion, the Labour side of the usual channels asked for a meeting, but it was refused by the Government. It is now up to the Government to lay down a new programme motion, but they have refused to do that. It is still within the powers of the Government to do it.
Mr Jones
No, it is worse than that. In the morning, the Labour Chief Whip asked through the usual channels whether he would be able to sit down to talk about a programme motion. It was the Government who refused to do that, and it is the Government who are refusing to bring back a programme motion. The idea that somehow this House is stopping debate on the withdrawal Bill is absolutely not true.
Mr Jones
We opposed the programme motion because a major constitutional Act would have been put in place that was going to be discussed within 48 hours? The Wild Animals in Circuses Bill got more than that on the Floor of the House. The Government could have come back and said, “Right, we’ll negotiate on a programme motion”. The usual channels on the Labour side were offering that, but it is up to the Government to do it. We have always said—this has been said by the Leader of the Opposition—that we would sit down to talk about a programme motion. It is the Government who have refused to do it, not the Opposition.
Mr Seely
I am not giving way because I want to answer the point made by the right hon. Member for North Durham (Mr Jones). It is really important, and I would like to continue to make my point. Three times we had a withdrawal agreement this summer, and three times it was voted against, but now we are told you want that withdrawal agreement again. Whatever the right hon. Gentleman votes against, a week later they say, “Oh, why didn’t we get that back again?”
Mr Kevan Jones
I ask the hon. Gentleman a simple question. If the Government are so proud of the withdrawal agreement they have drawn up, why do they refuse to let the House discuss it? The House proposed a programme motion that could actually move it on today. If anyone is stopping Brexit, it is the Government.
Mrs Main
I want to give my hon. Friend a bit of a breather. I understand his frustration. Until the last incarnation of the withdrawal agreement, the Labour party—Her Majesty’s official Opposition—had set their face against a withdrawal Bill. Only five Members of Parliament—
Mrs Main
No. I am making an intervention on my hon. Friend. Eventually there was a consensus on the withdrawal agreement, so the next point of attack became how long we could discuss it. It is obvious to the country that there is a process that is coming to a conclusion. The conclusion should be that the withdrawal agreement is passed to give business and people certainty. Arguing about it will not get us anywhere.
Mr Seely
My hon. Friend is spot on. To answer the hon. Member for Newcastle-under-Lyme (Paul Farrelly), I think that the Prime Minister is acting in good faith. I personally have found him entirely reasonable in my dealings with him in the past couple of years. He was very supportive of a project that I helped to write earlier this year—he did not have to be.
The Prime Minister is trying to keep a promise that was made to the British people. In the Labour party manifesto, which Labour Members stood on, there was a promise to respect the referendum.
Mr Seely
Roughly, yes. About 10 minutes ago, I was making the point that we needed a new Parliament, before I faced a host of helpful interventions from Labour Members. We need a new Parliament because we spend so much time talking about the same old thing; talking about Brexit endlessly, when there is so much else out there.
Mr Seely
Please let me make some progress. I will let the right hon. Gentleman intervene a little later.
We need a new Parliament because there are so many other things that we need to debate. I am interested in debating the rise of autocracies in the world. We have significant issues regarding Huawei.
Mr Seely
I suspect the answer to that is that I am sure the hon. Gentleman will enjoy telling his electorate why Brexit has not been passed. The hon. Gentleman believes that that is a competent answer. We look forward to seeing him back here. I clearly hope very much that I will be back here too, but I need to explain to my electorate why Opposition Members keep voting against Brexit and, thus far, keep voting against a general election.
Mr Kevan Jones
The hon. Gentleman says that Labour Members are constantly voting against Brexit, but he should remember that for two years and eight months this House had no say on Brexit because it was an internal debate within the Conservative party. He says that the Labour party opposed the deals. If he reads the Labour party manifesto, he will see that I stood on a clear commitment to not support no deal, and that a customs union and close integration with our European allies was key. My colleagues and I have stuck to our manifesto, and the idea that we have spent three years discussing Brexit is just not true.
Mr Seely
I would say that we have arguably spent 25 years debating it, certainly in some parts of Britain. We then spent months before an election campaign and a couple of years afterwards debating it. The right hon. Gentleman is right to point out that those of us on the Government Benches are not perfect and that there was argument within the Conservative party. Arguably, we spent too long trying to work out the sort of Brexit that we wanted. I accept that point. It would be churlish of me to say that we are perfect and that the right hon. Gentleman’s side is not, but there is a basic principle here which I am very happy to explain to the good folks on the Isle of Wight. It is this: we have tried repeatedly to push through a realistic and sensible Brexit deal. We tried three times this summer. We tried again with the Prime Minister’s very good withdrawal deal. Granted, I did not like some elements relating to Northern Ireland, but we have to move on and try to make the best of what we can. We have not got that, because it has not been supported by this House. We then said that we need to go back to the people, but that has not been supported by this House. That is why I said a few minutes ago that the right hon. Gentleman’s leader is the first Leader of the Opposition in history who has not led and not opposed. I want him to do that because we need to have a general election.
Mr Kevan Jones
It was the Prime Minister and members of the European Research Group who voted down the previous Prime Minister’s deal, so the idea that he is somehow blameless in the process of stopping Brexit is not the case at all.
Mrs Main
Yes, we are discussing a Bill about having a general election. My point is that we need a general election because we have moved so far away from the original concept of the referendum, which was a choice between in and out, not a party political choice. Now, we are in a sclerotic position. We cannot move forward in here, and the only obvious answer is to ask the public to decide.
Dr Caroline Johnson (Sleaford and North Hykeham) (Con)
The question before us today is: do we want a general election? Do the public want a general election and do the politicians want a general election? I do not think that anybody wants a general election. If we have an election in December, it will be the third time in three years that my electorate have been asked for their vote, and I hope that they give the same answer this time. But what people do want is Brexit to be delivered.
My constituency of Sleaford and North Hykeham voted overwhelmingly to leave. The country as a whole voted to leave, but even the constituents I meet who voted remain—including business owners and people who run businesses—also want Brexit done. They tell me, “Look, we really wanted to stay and to start with we thought another vote might be a good idea, but now what we see is that the ongoing uncertainty—this kicking the can down the road all the time—is more damaging to our business than any form of Brexit, and we want you to get it done and respect democracy.” So why has it not been done?
There has been much talk of whether we are representatives or delegates, and whether the 450 MPs who represent constituencies that voted to leave should also want to leave. We are representatives, and as such we can choose whether to follow the majority of our constituents. I have followed the majority of mine in supporting Brexit, because that is what they voted for. In this case we have a very unusual situation, whereby we representative politicians gave the choice to the British people. We delegated the responsibility for this one decision to them, asking them, “What do you want us to do? This is such a momentous decision that we want you to make it for us.” They said that they wanted to leave, and it is up to us as representatives to deliver Brexit on their behalf. But we have now a perfect storm, whereby the representatives do not agree with the delegated decision of the British people, and the Government lack a parliamentary majority with which to deliver their will. Under this Prime Minister, the Government have tried every single avenue open to us to deliver Brexit.
Mr Kevan Jones
What the hon. Lady is saying is not exactly true, is it? It took her party two years and eight months to put anything to this House. The Government now have a Bill that has passed its Second Reading and could actually go forward, so it is not the case that an election is somehow going to deliver Brexit. The architect of stalling the Brexit process was the present Prime Minister, when he voted against the former Prime Minister’s original withdrawal deal.
Dr Johnson
My right hon. Friend is exactly right.
The Prime Minister was told that he could not reopen the withdrawal agreement, but he did. He was then told that he could not remove the backstop from that agreement and could not gain other important changes, but he did. He was then told that he could not get a deal that, in principle, was voted for and supported by this House, and on Second Reading he did. But then the Opposition voted to prevent it from being discussed, because it cannot be discussed without a timetabling motion, and they voted against that.
Dr Johnson
I have given way to the hon. Gentleman already.
This is a question of trust. The British people trust us to deliver on our promises, and if we do not deliver on our promises we undermine the basis of democracy. The leaflet that came out during the European referendum said: “We will implement what you decide.” Many people, some of whom had never voted for the whole of their lives because they felt it did not make anything change, went and voted in the European referendum because they thought it would make a difference. It was the biggest democratic exercise in our country’s history and a majority voted to leave—and leave we must.
The Opposition are playing party politics, because their only determination is to try to make sure that Brexit cannot happen by the 31st. That is because they think the public are stupid. They think the public will say, “Ah—the Prime Minister did not deliver Brexit by the 31st, so we can go to the country and say that he did not keep his promise.” But actually the public are not stupid. They can see that the reason we have not delivered it by the 31st is that the Opposition voted to institute the European Union (Withdrawal) No. 2 Bill, which surrendered control of when we leave to the European Union.
I want to deal with the issues in the amendments. The first amendment would allow all EU voters living in this country to vote. Quite apart from the fact that this has not been properly debated, it is very difficult to add 3 million voters to the register at very short notice. It would also have—
Jess Phillips (Birmingham, Yardley) (Lab)
I agree. I plan to say a number of things, but I want to follow up on some of the things that have been said during the debate. There has been a huge amount of talk about being honest with the public, political expediency and turning the referendum into a party political thing. The hon. Member for St Albans (Mrs Main) seemed very concerned that the referendum and how we vote on Bills has been used for political expediency. I would like to gently remind everybody of the time that the Prime Minister got a camera crew to come and take a picture of him as he signed his little resignation letter to Theresa May—sorry, the right hon. Member for Maidenhead (Mrs May). Some might say that it had been politically expedient and, lo and behold, he is now the Prime Minister. Gosh forbid that anybody should use things for political expediency or that Conservative Members have always voted for the Bill.
The trouble with the arguments we are having is that the Government have continued to behave like a Government who have a majority, regardless of the fact that they do not. The right hon. Member for Maidenhead suffered exactly the same problem after the referendum, which was not won decisively by one side—it was a marginal win—and after the 2017 election, when again the country was split, and the idea of bringing forward a Bill that we could all sit down and work on was literally never ever taken forward.
I have listened to Conservative Members saying today, “Well, you shouldn’t be allowed to amend the Bill”, or “You only want time to amend it”. Er, yes—that is absolutely right, because that is the job of this House. Different people come here from different backgrounds and make laws that are not just for one sort of person, but that represent this country. I seem to be in a twilight zone where the Government and the Executive seem to think that they just write a line and then go, “Er, well, it’s my way or the highway”. Welcome to parliamentary democracy!
Mr Kevan Jones
Does my hon. Friend agree with me that it is even worse than that because Parliament was excluded from this process for two years and eight months while the Conservative party had an internal debate about what type of Brexit they could get through, and it was only then that this House was let in to the arguments?
Jess Phillips
I entirely agree with my right hon. Friend. It is ridiculous.
I represent a leave seat, and, as we enter this general election, I may face the fate for my beliefs that the hon. Member for St Albans fears that she will face—and that is okay. She thinks it is okay, and I think it is okay that I may have done something different from what the majority of my constituents did, regardless of the fact that 10,000 extra of them voted for me post the referendum.
The reality is that the Government have only ever wanted obedience. They have looked on people like me and said, “Do as we say, little girl. We’re not going to let you do anything to our precious Bill.” But that is not the meaning of this place. What nobody in this place can answer is how will it end if what is returned is another hung Parliament. We did not think we were going to be here before, yet here we are. I believe the right hon. Member for Maidenhead thought that she would be having a considerably nicer time when she was next to Lord Buckethead on the evening of the general election, yet here we are.
What has happened since then is like a Rorschach test. The hon. Member for St Albans can look at the exact same result as the one I can look at, and we can say, “In this piece of toast, I can see the Virgin Mary”. We say that the voters think exactly what we think, regardless of what they actually said, because the question is fudged. We did not do so when we asked them in a general election, and we are not going to get a decisive answer on the issue of Brexit.
I spoke to the Prime Minister in the Lobby the other day. He was loitering around outside the private Members’ Bills ballot, which I invited him to enter as it seems he would struggle to change the law otherwise. He asked, “What will it take for you, Jess, to support this Bill?” Am I allowed to say my own name? Is that allowed? He asked, “What will it take for you, the honourable— the incredibly honourable—Member for Birmingham, Yardley?” I said, “What it will take for me is that you ask the people where I live if they are happy with the deal”. It is as simple as that. He looked at me as if this was brand new information—“This is the first time I’ve heard such a revelation”—which I thought was odd, but, you know, he is an unusual man.
Then the Prime Minister said to me, “Don’t you think another referendum will be dangerous for this country?” To that, I said, “I’m not entirely sure why you think it would be any different from a general election”. We are all sitting in here talking about this general election, but pretty much no one has actually talked about general elections, apart from a few party political broadcasts about people’s museums in their constituencies and how beautiful the islands are. The reality is that we have all talked about the referendum. This is going to be a Brexit referendum whether we like it or not, except that we will not be being clear and we will not be being honest—none of us will be—and in what we get back we will be able to see whatever we want to see.
I have heard people in here say that I as a Labour voter voted to deliver Brexit based on the last general election, and that is simply not true. I did not do that. As a Labour voter, I voted for many, many things that I believe in about Labour values. My vote had nothing to do with the Brexit position of my political party and I would say the same if I was not a representative of it. We are going to dishonestly use a general election. It will not be about the fact that people in my constituency cannot send their kids to school five days a week, or about whether the NHS is serving them properly, or about whether they are happy with something that the Conservative party might say. We are going to use the general election for political expediency. Can we all stop pretending that it is about anything else?
Early Parliamentary General Election
Kevan Jones Excerpts(4 years, 8 months ago)
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Sir Bernard Jenkin
I am not going to give way.
The voters’ faith in the established political parties is not being improved by what is going on; it is being further undermined. The last thing I want is for the whole of British politics to be realigned around the question of Brexit, but that is what will happen the longer we carry on putting off this decision.
Like so many of my voters and so many colleagues in this House, I long to move on to the questions beyond Brexit, but that requires us to respect the decision that has been taken. It requires respect for the fact that there is a Government in office with a responsibility to conduct the negotiations as they see fit, or it requires those who do not have confidence in the Government to table a motion of no confidence to resolve that question.
That brings me back to the Fixed-term Parliaments Act 2011, from which the motion we are debating this evening arises. It has turned out to be a recipe for this paralysis, which would never have arisen but for the Fixed-term Parliaments Act.
Sir Bernard Jenkin
I beg your pardon. The right hon. Gentleman says that accusingly, but I certainly did not vote for it. I remember walking through the No Lobby on Second Reading with remarkably few people, and I said to them, “Don’t worry. This House will rue the day that it passed this piece of legislation.” We should now be rueing the day, because that legislation has put this House in a position where it can endlessly wound a Government but avoid killing them.
If the Leader of the Opposition has so much contempt for how this Government are conducting their affairs, and this Government no longer have a majority, why does he not table a motion of no confidence? It is because there is fear in this House about facing the consequences of a general election because of how this House has conducted the whole Brexit affair for the past three years.
I asked how this will be resolved, and I can tell the House that putting it off again and again will not make the political outcome of the eventual general election any easier for a great many colleagues. The Prime Minister, in his inimitable style, is showing leadership and courage at last. He is trying to resolve this issue.
“Leave” and “remain” were the words on the ballot paper. There was no reference to deal or no deal, but the Prime Minister of the day made it quite clear that we would leave the European Union, and this House has conspired again and again to delay that happening.
People in the constituencies of Opposition Members, particularly in remain-voting constituencies, should ask themselves what mandate they have for putting off this decision again and again. It is democracy in our country that is paying the price, and it is the rise of far more extremist parties that will be the result if this House carries on putting off the decision.
Detainees
Kevan Jones Excerpts(4 years, 9 months ago)
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Mr Speaker
Order. Musings and commentary are not required. Single-sentence questions and pithy replies are.
Mr Kevan Jones (North Durham) (Lab)
I welcome the statement and note that a lot of the recommendations of our ISC report have been adopted, although I have to say to my right hon. Friend the Member for Islington South and Finsbury (Emily Thornberry) on the Front Bench that a judge-led inquiry was not one of them. The important thing is the five-year review. Will the right hon. Gentleman ensure that when it happens, it is made fully public?
Mr Lidington
I am grateful to the right hon Gentleman for his welcome, and I will ensure that we seek to be as public as possible about the five-year review. The five years should be regarded as a maximum period. Frankly, if evidence comes to light at any stage that amendments are needed, I would expect the Government and the agencies to act accordingly and make the amendments sooner.
Oral Answers to Questions
Kevan Jones Excerpts(4 years, 10 months ago)
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The Prime Minister
I recognise the concern around this issue. Our fair funding formula will ensure a much fairer distribution of school funding over a number of years. I recognise that some authorities have been at the lower end of funding in the past. Indeed, several schools in my own constituency come under Wokingham Borough Council, which is one of those very authorities. That is why we are taking steps to ensure that the impact is fair as we introduce this fair funding formula for schools across the country.
Mr Kevan Jones (North Durham) (Lab)
The Prime Minister
The right hon. Gentleman raises a very important issue, and I am sure the whole House will want to extend our sympathies to the families and friends of young people who suffer sudden cardiac death. He and the all-party parliamentary group on cardiac risk in the young have done very important work on this issue. I am assured by the Department of Health and Social Care that the independent UK National Screening Committee will carefully consider all the relevant evidence, and I know DHSC will study the committee’s findings when they are published in due course—it will look at the findings very carefully. This is an important issue, and we want to make sure we get it right.
National Security Council Leak
Kevan Jones Excerpts(5 years ago)
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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
Mr Lidington
I agree with my right hon. and learned Friend about the corrosive effect of unauthorised disclosures. We all have to be honest with ourselves. I do not think there has been a Government in history from which there have not been leaks and gossip from time to time—as I look at Labour Front Benchers, my mind goes back to what we saw under the Blair and Brown Administrations. But I do want to say this in response to my right hon. and learned Friend: above all, when it comes to National Security Council discussions—I think this applies to the Cabinet, too—there is great merit in the very old-fashioned precept that Members should speak with complete candour in the room and shut up when they get outside.
Mr Kevan Jones (North Durham) (Lab)
The hon. Member for Glasgow South (Stewart Malcolm McDonald) asked the Minister a very direct question: whether he thought that the Official Secrets Act had been broken. In reply, the Minister said that it was for others to decide. Has the Attorney General been asked for his opinion? Was any other legal advice sought by the Prime Minister in coming to her conclusion?
Mr Lidington
It is not a matter for the Attorney General or any other Minister. This decision has been taken on the basis of the lack of confidence that my right hon. Friend the Prime Minister, regrettably, came to feel in my right hon. Friend the former Secretary of State for Defence. It followed the principles I set out in quoting from paragraph 1.6 of the ministerial code.
Exiting the European Union
Kevan Jones Excerpts(5 years, 4 months ago)
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The Prime Minister
Actually, the Government’s economic analysis shows that in delivering on the referendum, this deal does not make us poorer than we are today. What it does—[Interruption.] Read it. What the economic analysis shows is that if we want to honour the referendum, the best deal for doing that and delivering for jobs and the economy is this deal.
Mr Kevan Jones (North Durham) (Lab)
I not only respect the result of the referendum, I accept it. The Prime Minister said in her statement that she wants
“a country that truly works for everyone, a country where nowhere and nobody is left behind.”
She has been in government for nearly eight years now, and in that time both the previous coalition and this Government have had a deliberate policy of moving resources from poorer, most disadvantaged areas to some of the wealthiest areas. That is continuing today in public funding for public health in County Durham, which will be the worst-hit area anywhere in the country, while leafier parts of Surrey gain. People do not want warm words, Prime Minister; what they want is action, and action, irrespective of what happened with Brexit, is in her hands now.
The Prime Minister
We have been putting more money into our health service: we are going to give the health service the biggest cash boost in its history and a long-term plan that ensures the sustainability of the health service. In the eight years that I have been in government, under both the coalition and this Conservative Government, we have seen 3.3 million jobs being created across our country; that is good for the right hon. Gentleman’s constituents and good for constituents elsewhere.
Syria
Kevan Jones Excerpts(6 years ago)
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The Prime Minister
I agree with my hon. Friend. From the contributions that have already been made, it is clear that, across the House, there is support for action being taken against the use of chemical weapons and in support of those who have been suffering so abominably from the action of the Syrian regime.
Mr Kevan Jones (North Durham) (Lab)
The military action that took place was both correct and proportional in response to the horrific spectacle of women and children being gassed in their own homes in Douma. The military action is, though, only part of the strategy, so could the Prime Minister expand a little further on what will take place in the next few weeks in terms of the broader strategy, including the suggestion from the right hon. Member for Loughborough (Nicky Morgan) about economic sanctions against those who support the Assad regime?
The Prime Minister
There are a variety of ways in which we will be pursuing further action on the international stage. We will be looking at various economic levers, as I have said, and I take on board the comments that have been made in the House about the importance of doing that. We recognise that it was not just a case of the strikes taking place on Saturday morning and that we need to follow up with international action. We will look at the economic levers that we can use. As I have referenced, the Foreign Affairs Council in Europe has already been looking at the willingness to take further action. I have discussed that with a number of European Union leaders as well.
Carillion and Public Sector Outsourcing
Kevan Jones Excerpts(6 years, 3 months ago)
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Mr Lidington
The remaining three announcements concerned contracts with Network Rail. These were not new awards or new contracts, but variations to contracts that had been let three years earlier—in 2014. Two were for electrification work and, in a similar construct to the HS2 work, were let to a joint venture between Carillion and an electrification specialist, SPL Powerlines. One contract variation, for civil work in connection with the London to Corby upgrade, was let directly to Carillion. That is the only public sector contract, post the July 2017 profits warning, that was neither a joint venture nor something already decided and awarded before the profits warning was issued. Network Rail judged in this case—
Mr Kevan Jones (North Durham) (Lab)
On a point of order, Madam Deputy Speaker. I am aware that it is up to the Minister whether he gives way, but would it not be courteous to the House if he actually indicated that he was not going to take any interventions, because he just seems to be reading his speech—
Madam Deputy Speaker (Mrs Eleanor Laing)
Order. That is not a point of order, and I am not going to spend any time on it because a lot of people want to speak. There is no more courteous a Minister in this place than this Minister.
Carillion
Kevan Jones Excerpts(6 years, 3 months ago)
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Mr Lidington
The Department for Transport is now activating its contingency plans to move key work and projects to other suppliers where possible and to ensure that the impact is kept to the minimum. Clearly, the response will vary, depending on the specific contract terms, the level of Carillion’s involvement and whether it was contracted directly or through a joint venture, but I am sure that Transport Ministers will be happy to talk to my hon. Friend about her concerns in relation to the Stockport area.
Mr Kevan Jones (North Durham) (Lab)
Carillion is notorious in the subcontracting industry as a company that pays its bills very late—over 90 days in most cases. The Minister has talked about public sector contractors that will need to be paid, but what support will the Government give small business in the north-east and elsewhere that are in non-Government contracts and are still waiting to be paid?
Mr Lidington
Companies in non-Government contracts that are not involved in the provision of public services would become creditors of Carillion. The responsibility of the Government and the use of taxpayers’ money should be first and foremost for protecting the delivery of key public services and the employees who deliver those services.
European Union (Withdrawal) Bill
Kevan Jones ExcerptsMonday 4th December 2017
(6 years, 5 months ago)
Commons ChamberRead Full debate European Union (Withdrawal) Act 2018 View all European Union (Withdrawal) Act 2018 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Committee of the whole House Amendments as at 4 December 2017 - (4 Dec 2017)
Alison Thewliss
I pay tribute to the hon. Member for Ilford South (Mike Gapes), because that was an absolutely perfect speech. It had to be made and I am glad that he did it.
We have talked in general terms today about lots of the things to do with the new clause and what it might mean, about clause 11, and about the 111 things that require some attention. I want to look at how issues of waste are dealt with within the EU. The EU waste framework directive flows into the Waste (Scotland) Regulations 2012. The European landfill directive, the European packaging and packaging waste directive, and various other EU directives are currently implemented by the Scottish Government. The EU sets the rules within those frameworks and directives, and the Scottish Government have flexibility, as do the other devolved nations, on how they implement them.
Without any certainty over what happens on the day of Brexit, we can have no deal, no certainty and no regulation of those matters. In Scotland, we have developed a circular economy strategy and made a lot of progress towards the implementation of the EU’s circular economy action plan. We have made more progress than the rest of the UK has, and we have made different progress. The directives have given us the flexibility to take a different road. Were the matter to come back to the UK Government, we could not be guaranteed the flexibility we need to make progress with the plans that we have already embarked on.
The Local Government Information Unit recently produced an excellent briefing on waste disposal and Brexit. The briefing raises specific concerns about the future UK directive, which could well be less ambitious than our plans. We have heard a lot from various Tories in the past about cutting red tape and regulations, but doing so could have a serious impact on the interesting and important issue of waste collection. Scotland’s zero waste plan is award winning and ambitious, as we are on climate change. We should have full control over it, and we should not have to drag behind the UK if it does not wish to step forward as quickly as we do.
Mr Kevan Jones (North Durham) (Lab)
The hon. Lady says that the plan is ambitious, but, in practice, waste from Scotland is simply being transferred into England, and there is very little enforcement of the so-called zero waste plan.
Alison Thewliss
I would take issue with that, and our plan is ambitious. An awful lot of our plan depends on the existence of a European market for waste. Lots of waste goes backwards and forwards to Europe for processing.
There has been no clear detail from the Government about what they mean by an interim period or a temporary period before further powers are released to the Scottish Government. We already know that the market for waste exists, and taking that market away will create uncertainty. Businesses face huge uncertainty, because there is a big private market in waste; I have a large processing facility in my constituency, for example. The Confederation of Paper Industries has said that its members need to be sure which regulations they will have to operate under. If paper is going into European markets, it needs to meet the standards required by those markets, so we need the regulations in place to allow that to happen.
Hon. Members might not know that paper is a £6.5 billion industry. The UK is the world’s largest net importer of paper, and the industry is doing quite well out of the Bill, which is producing huge amounts of paper. The regulations determine our participation in the paper market, and certainty is important. We need clarity, so that we can make progress on recycling and other things that we have started on. If our ability to work under directives is taken back to the UK Government, who do not share exactly our environmental ambitions or links to European markets, where does that leave Scotland?
There is uncertainty as well for local government. If we do not have the rules or the framework, can we just throw our waste in the street and the council is no longer obliged to collect it? Those things are underpinned by EU waste directives about the processing and treatment of waste, and without them there is no framework at all.
I want to speak briefly about where the power lies in another area. The hon. Member for Aberdeen South (Ross Thomson) and a couple of hon. Members who are no longer in their places mentioned food and food labelling, a lot of which is dealt with by the European Food Safety Authority. Of particular interest to me is the labelling and marketing of infant formula. I am fairly sure that the Scottish Government may wish to act to regulate infant formula further, but the UK, as has been evidenced in questions that I have raised on the issue, may not wish to do so.
The UK has long used EU law as a means to get around the full implementation of the international code of marketing of breast-milk substitutes. If we are no longer in the EU and we can set up the frameworks ourselves and make progress on the issue, why should the Scottish Government have to lag behind? Why should we have to wait while those powers are held at Westminster for an indeterminate length of time—it has been described as temporary and interim, but how long it is we do not know—when we want to make progress on policies?
The hon. Member for Newport West (Paul Flynn) made a very good point about organ donation and presumed consent in that, when the Welsh Government had such powers, they made progress and had a good policy, which has led the way in the UK. In Scotland, we have had the smoking ban and other progressive health policies. If action on such policies is wrapped up in frameworks or EU directives, how can we be certain—in the context of clause 11 and of this Government not accepting any amendments that would give the devolved Administrations competence in these areas—that the devolved Administrations will be able to take the action we actually want to take, and how long will we have to wait for Westminster to give us back our powers?