2 Brendan Clarke-Smith debates involving the Attorney General

Retained EU Law (Revocation and Reform) Bill

Brendan Clarke-Smith Excerpts
Wednesday 24th May 2023

(11 months, 2 weeks ago)

Commons Chamber
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To sum up, reality has had to, for the time being, trump the scale of the ambition that we should have. What brings us all together as Conservatives is that sense of ambition; we know we can do this. We need Ministers with the political will to do it. I know that my right hon. Friend the Member for North East Somerset is disappointed, to say the least, that his noble ambitions were not achieved in the way he wanted. I believe there is a collective will here for us to do more, to do it better and to come back to the true aim of regulation, which is the effective advance of a policy objective in the clearest of ways. That is why the Regulatory Reform Group has been set up: because we do not think that Government and regulators do that as well as they should. The way has been lost. Let us together re-find that way. Together, with this Bill as the beginning, we can achieve the noble objectives of effective regulation.
Nigel Evans Portrait Mr Deputy Speaker (Mr Nigel Evans)
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Perfectly, that leaves you with 10 minutes each. I call Brendan Clarke-Smith.

Brendan Clarke-Smith Portrait Brendan Clarke-Smith
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I was going to speak about amendment 15. I am sure that, as usually happens, we will see social media graphics saying that all Conservative Members are trying to trash the environment, but our case was made eloquently and entertainingly by my right hon. Friend the Member for Chelmsford (Vicky Ford) and my hon. Friend the Member for North Dorset (Simon Hoare).

I shall certainly support the Government proposals today, and I will outline why. Of course, this all comes back to taking back control, which was very important for Brexiteers such as myself. Like my hon. Friend the Member for Orpington (Gareth Bacon), I campaigned for Brexit, and more than 68% of people in Bassetlaw voted for it. Of course, whether someone voted for it or for remain—we know that for many people it was a marginal decision—there is a need for us to accept the result and work together to make the best of the situation, because we want this country to be successful. It is in that spirit, which I feel across the House, that we are moving forward together today.

Brexit is not something where we simply flip a switch. Of course, we got Brexit done, but Brexit is a process and an evolution. That is very much what we are looking at today on retained EU law; we have a process and it will continue. We would like to have a deadline on it, but we realise that the practicalities are not necessarily in line with that. There is a delivery issue and we have to be realistic; we are fast approaching 31 December 2023.

I have a lot of sympathy with the comments made by my right hon. Friend the Member for North East Somerset (Mr Rees-Mogg), and I hope that the drive, ambition and spirit that he has shown will be taken forward in the way we address this legislation in the future.

My hon. Friend the Member for Clwyd South (Simon Baynes) made an excellent point when he talked about aviation regulations and so on being things that we would not necessarily change. Not all of these laws are things that we will look to get rid of. We want to make a good job of this and do it properly. That is the main thing we need to focus on.

I know that some people were worried about whether we are in this position because of some underlying reason to do with the Windsor framework. Again, the Minister and the Secretary of State have given us an excellent explanation from the Dispatch Box as to why that is absolutely not the case.

As we have heard, the Bill ends the supremacy of EU law and we no longer have to interpret legislation using EU case law as our only basis. I was genuinely worried about the unintended consequences of getting rid of legislation without having the time to get all the SIs through, so I fully understand why the Government have taken the approach they have. The regular updates will help us match the ambition suggested by my right hon. Friend the Member for North East Somerset, and I look forward to that. This shows the public how the Government are making this work and making a success of the legislation.

I will support the Government tonight—this is a challenge, but it is one that I am sure we are up for— and I encourage colleagues to do the same.

Danny Kruger Portrait Danny Kruger
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It is an honour to wind up for the Back Benchers in this tremendous debate. It has been good natured, but it has also revealed, in a constructive way, some of the profound differences that have divided the country and the House in recent years. The Bill represents the great unfinished business of Brexit. It is, in a sense, the fulfilment of the great promise of Brexit: to bring back control over our laws.

There are two visions of Brexit among those of us who supported it. On the one hand, there are those who believe in deregulation, innovation and free trade. They believe not in the fantasy of slashing protections and regulations, but in cheap food, even in free movement, and in the vision of John Bright, the ancestor of my hon. Friend the Member for Stone (Sir William Cash), who believed so passionately in free trade. On the other hand, there are those of us who believe more in the protection of domestic industry, in reducing migration and in workers’ rights—more Disraeli than Bright.

With that tension in the Tory tribe, we have been battling in recent years about the fulfilment and implementation of the Brexit dream. The fact is that whichever side of the tension we are on, we believe that it should be this Parliament that sets the direction for our country and delivers the sort of country we want to be, post our membership of the European Union. We should determine policy in these areas. That is why the Bill is so good and so right.

I recognise that some hon. Members and parliament-arians in the other place object to the process for the revocation of EU law, particularly the use of statutory instruments, that the Bill introduces. I respect the spirit of the amendments championed by Lord Hamilton in the other place and by the hon. Member for Walthamstow (Stella Creasy) here, but as my hon. Friend the Member for Harrogate and Knaresborough (Andrew Jones) just explained so well, these are profound questions about parliamentary process that are not appropriate for this Bill or this place. Although the spirit of the amendments may be valid, I do not think it is appropriate to tamper with the process through this Bill.

The fact is that the elected Government are responsible for scheduling the measures that will be revoked or reformed—there will be that democratic oversight, unlike there was in the process by which those measures were brought into this place. My right hon. Friend the Member for Camborne and Redruth (George Eustice) explained clearly how this House had no opportunity to challenge EU law as it was introduced. The laws came into Parliament by sneaky means, rather like the rats coming up through the drains, but they will go out in the proper way: briskly and fairly.

I am pleased that we are doing this and, crucially, that we are making the profound change given effect by the Bill, which is to restore the supremacy of UK law. I honour the Government for their efforts to get the process of extirpation, or revocation, right, and to remove the problem that there are two systems of law in operation in this country. We should have one system of law, made in this place.

I approved of the sunset clause. I agree with my right hon. Friend the Member for North East Somerset (Mr Rees-Mogg) about the value of having the stimulus of a deadline. I recognise and respect the point made by my right hon. and learned Friend the Member for South Swindon (Sir Robert Buckland) about the danger of having sent the Light Brigade of valiant EU laws into the valley of death, but it would be dangerous to send in the heavy brigade after them. Nevertheless, I think we had the right approach. I accept the Secretary of State’s argument that those in Whitehall rather over-interpreted their instruction to find laws to retain and found that they needed to retain them all. They must have worked very hard—they probably even came into the office to do that work.

Oral Answers to Questions

Brendan Clarke-Smith Excerpts
Tuesday 28th April 2020

(4 years ago)

Commons Chamber
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Robert Jenrick Portrait Robert Jenrick
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I have been working closely with local councils across the country on a cross-party basis and speaking to them almost every day. The message that I have consistently delivered is that we will fund the brilliant work that they are doing to support the country through the crisis. We have seen that already with the £3.2 billion of additional funding that I announced, plus the other support mechanisms. We will keep under review whether further funding is required, and if it is, we will bring it forward, because we want to back this brilliant sector in all that it is doing.

Brendan Clarke-Smith Portrait Brendan Clarke-Smith (Bassetlaw) (Con)
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What steps his Department is taking to enable local authorities to provide (a) food and (b) other support to people who have been identified as clinically extremely vulnerable during the covid-19 outbreak.

David Johnston Portrait David Johnston (Wantage) (Con)
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What steps his Department is taking to enable local authorities to provide (a) food and (b) other support to people who have been identified as clinically extremely vulnerable during the covid-19 outbreak.

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Robert Jenrick Portrait The Secretary of State for Housing, Communities and Local Government (Robert Jenrick)
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At the outset of the crisis, we identified more than 1 million people who were classified as extremely vulnerable for specific clinical reasons. As of last week, more than 1.8 million had been contacted by the NHS and the Department for Work and Pensions and asked to shield themselves, with GPs continuing to refer others. For those who do not have family, friends or neighbours to support them, we have delivered more than 600,000 food boxes.

Brendan Clarke-Smith Portrait Brendan Clarke-Smith [V]
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I am grateful to the Secretary of State for his answer. In my constituency, we have been fortunate to benefit from the excellent work of the voluntary sector and groups such as Bassetlaw Community and Voluntary Service and Bassetlaw Action Centre. Will he join me in recognising the valuable contribution of such groups in supporting local authorities in the fight against covid-19?

Robert Jenrick Portrait Robert Jenrick
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In addition to my hon. Friend, it is my privilege to represent part of the Bassetlaw district, so I am more than happy to join him in thanking those wonderful organisations, which I also know well and which are doing a great job in supporting local communities. In addition to the individuals who are being shielded and who benefit from the national scheme, millions of other people, such as the elderly and vulnerable in communities across the country, are benefiting from the work of charities, faith groups and local councils. I encourage anyone who wants to work with them to go on to the Government’s GoodSAM app and see the opportunities that are available in their local area.