All 2 Debates between Charles Walker and Steve Baker

Wed 16th Jun 2021
Tue 12th Dec 2017
European Union (Withdrawal) Bill
Commons Chamber

Committee: 6th sitting: House of Commons

Coronavirus

Debate between Charles Walker and Steve Baker
Wednesday 16th June 2021

(2 years, 10 months ago)

Commons Chamber
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Charles Walker Portrait Sir Charles Walker (Broxbourne) (Con)
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I wish to try to be constructive about how we can improve SAGE. As you know, Mr Deputy Speaker, SAGE has huge power over our lives. It has power over whom we hug and hold. It has power over which businesses open and which businesses close. In essence, it has power over who keeps their job and who loses their job. We, too, in this place have great power, but our power is matched by accountability.

Accountability is very important in the exercising of power, so I want to suggest some reforms to SAGE—some quite technical reforms. First, there is a need for greater financial transparency from members of SAGE in line with that expected of Members of Parliament. For example, I think when we look at SAGE members, we should be able to see what their annual income is—not only from their substantive job, but from their pensions accrued or the pensions they might well be in receipt of. This is something that is freely available for all Members of Parliament. I think we should also know and constituents should know if they have any significant shareholdings in companies, in the same way that our constituents know if we have significant shareholdings in companies. We could also look at whether they get other forms of income—from rent, for example.

I am not suggesting for a minute that this would include the spouses or partners of members of SAGE in the same way this does not include our spouses and partners, but given that they are making huge decisions that have huge financial consequences for tens of millions of people, it is important that our constituents know whether or not the people making these decisions are sharing the pain or are insulated from the pain. For example, in the case of young people, many SAGE experts say that young people should be working from home. We know that young people are now tied to their small kitchen table or in their bedroom in miserable environments—the new dark satanic mills—and working endless hours in appalling circumstances, because people with nice gardens and comfortable homes think that is what they should be doing.

There should also be far greater personal accountability. There should be no more, “Here is Sir Mark Walport—of SAGE, but here in a personal capacity”. Nonsense! He is there because he is a member of SAGE. We should also have elections to SAGE, so we could see Sir Mark Walport, Professor Susan Michie, John Edmunds and regular talking heads in our TV studios challenged by people with a different perspective—people such as Professor Karol Sikora, Professor Paul Dolan, who is an expert on human behaviour and quality of life, and Professor Ellen Townsend, who has a huge interest in the welfare of children and adolescents who are now being plagued by anxiety and eating disorders.

Steve Baker Portrait Mr Steve Baker
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My hon. Friend is making a great case, with which I largely agree, but does he agree with me that experts are only human and to an extent we have been asking the impossible of them? They are risk averse—they do not want to be blamed for a disaster—and they will choose to give advice that is cautious. Would he join me in recommending to the Prime Minister the reform that I have put forward, which is to have competitive multidisciplinary expert advice with red team challenge?

Charles Walker Portrait Sir Charles Walker
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I think that is a fantastic and plausible suggestion. We need a diversity of voices, but of course if we had elections, we could get people elected from Independent SAGE, and we know what they want—harder lockdowns, tighter lockdowns and a permanent end to freedoms.

But there is an alternative to elections and to financial disclosure, which is that the Prime Minister could say to members of SAGE, “Here it is: you can either advise me or you can advise the “Today” programme, Sky and Channel 4, but you can’t do both. You can either be a serious scientist at this moment in time advising your Government or you can be a media talking head building a career outside SAGE, but you can’t do both”. I think that is a perfectly legitimate thing to do. We would not expect our generals to give a running commentary on a war, undermining politicians. It is just not acceptable. It is just not acceptable, Mr Deputy Speaker. Can you imagine if the Clerks who advise my Administration Committee were going out and briefing what they would like to see my Committee do and pushing us into a corner all the time? It would not be tolerable. It would not be tolerated in this place, and it should not be tolerated by No. 10.

So here it is: full financial disclosure from members of SAGE and full elections, or they advise the Government, and if they do not want to do that, but want to advise TV studios, they do that, but they do not do both.

European Union (Withdrawal) Bill

Debate between Charles Walker and Steve Baker
Steve Baker Portrait Mr Baker
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There are also some matters in relation to fees and charges, which we discussed earlier in the debate. What I would say to my right hon. and learned Friend is that, where he has doubts, we have agreed to the sifting committee, and if he is concerned, I hope he will consider membership of that committee so that he can play his part in seeing through this set of measures.

Charles Walker Portrait Mr Charles Walker
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May I apologise, as Chair of the Procedure Committee, for arriving late to my hon. Friend’s speech? I thought I had missed all of his speech, then I realised I had missed half of it, but it now seems that I have only missed a third of it. However, I do apologise for arriving late, and I hope he accepts that apology at face value.

Steve Baker Portrait Mr Baker
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I am extremely grateful to my hon. Friend.

Let me return to my notes in order that I might give the Committee an accurate presentation of these measures. Where this type of specialist legislative function exists at EU level, we will need to ensure that the responsibility is transferred to the appropriate UK body so that the UK has a fully functioning regulatory regime in time for day one of EU exit. This might be the case where, for example, it is more appropriate for the Health and Safety Executive in the UK to update lists of regulated chemicals than the Secretary of State, or where it would make sense for the Prudential Regulation Authority to take on responsibility for updating monthly the detailed methodology that insurance firms must use to prudently assess their liabilities. Both these legislative functions are currently carried out at EU level and will need to be taken on by the appropriate UK regulator after exit.

To reply to the point made by my right hon. and learned Friend the Member for Beaconsfield, any SIs made under clause 7 that transfer a legislative function or create or amend any power to legislate will be subject to the affirmative procedure. This is provided for in schedule 7. Therefore, Parliament will be able to debate any transfer of powers and consider the proposed scope of such powers and the scrutiny proposed for their future exercise, which will be set out in any instrument conveying that power. Recognising that some of the existing EU regulation that will be incorporated into UK law will be of a specialised and technical nature, clause 7 allows the power to fix deficiencies to be sub-delegated to the UK body that is best placed to perform the task. EU binding technical standards—the detailed technical rules developed by EU regulators for financial services—are a good example of where we might sub-delegate the clause 7 power. These standards, which run to almost 10,000 pages, do not make policy choices but fill out the detail of how firms need to comply with requirements set in higher legislation. The PRA and the FCA have played a leading role in the EU to develop these standards, and so they already have the necessary resource and expertise to review and correct these standards so that they operate effectively in the UK from day one of exit. I appreciate the concerns of my right hon. and learned Friend and the hon. Member for Nottingham East, but I hope I have demonstrated why we cannot accept these amendments.

Amendments 17, 360 and new clause 35 require additional information. As I have said, we have tabled amendment 391, which will require the explanatory memorandums alongside each statutory instrument to include a number of specific statements aimed at ensuring the transparency of the SIs that are to come and acting as an aid to the most effective scrutiny that this House can provide.

I would like to take a particularly special moment to reassure my hon. Friend the Member for Bromley and Chislehurst (Robert Neill), in whose name amendment 360 is tabled, that we have laid in the Library draft SIs that will help everyone to understand the sorts of changes that we might need to make under clause 7. I would like to reassure him that the Treasury has been engaging with the financial services industry extensively since the EU referendum on the range of issues affecting the sector as we withdraw from the EU. That engagement continues and it includes regular official and ministerial discussion with industry and trade associations and bodies such as the International Regulatory and Strategy Group. That includes discussions on our approach to the domestication of EU financial services regulation through this Bill. That will continue and grow throughout 2018. The Treasury is also working closely with the Bank of England and the FCA to ensure the UK’s smooth and orderly withdrawal from the European Union.

By supporting a close working partnership between industry, regulators and Government, the Government will ensure that their approach to domesticating EU financial services regulation is well understood and based on input from stakeholders. Consistent with the objectives of this Bill, the approach in financial services is to provide certainty and continuity for firms after exit with the UK maintaining high regulatory standards. Financial services is one of the areas where a bold and ambitious free trade agreement could be sought. We are ambitious for that deal and we would do nothing in clause 7 to undermine it.

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Steve Baker Portrait Mr Baker
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The hon. Gentleman has been generous enough to say that he appreciates that that is a matter for Standing Orders. I am very sensitive to the role and powers of Parliament, which we have discussed throughout proceedings on the Bill. As a Minister, I really do not want to stand at the Dispatch Box and trespass—in this debate, of all places—on Parliament’s right to set its own Standing Orders.

Charles Walker Portrait Mr Charles Walker
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We based the model on the European Scrutiny Committee, in which the Chairman is appointed.

Steve Baker Portrait Mr Baker
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I am grateful to my hon. Friend.

I move on to consent from the devolved Administrations. Amendments 73, 233, 239 and 240 were tabled by the right hon. Member for Ross, Skye and Lochaber and the hon. Members for Airdrie and Shotts (Neil Gray) and for North East Fife (Stephen Gethins). Taking the right hon. Gentleman’s amendments together, we are committed to continuing to respect the devolution settlement fully. We will work closely with the devolved Administrations as we develop fisheries and agricultural legislation, which will be brought through by separate Bills to deliver an approach that works for the whole United Kingdom.

At this point, I hope that the Committee will not mind if I refer to points raised in our previous debate on devolution. Amendments were tabled about a restriction on the power relating to national security. As my right hon. Friend the Prime Minister has said, we are proposing a bold new strategic agreement that provides a comprehensive framework for future security, law enforcement and criminal justice co-operation—a treaty between the UK and the EU—that would complement our existing extensive and mature bilateral relationships with our European friends to promote our common security. That is just one outworking of the Government’s commitment to national security.

I now turn—I think, finally—to amendment 385 and new clause 77. Amendment 385, tabled by the hon. Member for Birmingham, Yardley (Jess Phillips), seeks to replicate the protections in part 3 of the Criminal Justice (European Protection Order) (England and Wales) Regulations 2014 in relation to protected persons. As I understand it, the amendment seeks to provide that the relevant authorities in England and Wales would continue to recognise and act on the orders made under the EU directive by the remaining member states, whether or not they act on ours.

I congratulate the hon. Lady on her powerful speech, but we cannot accept the amendment at this time because our continued co-operation with other EU member states’ courts is a matter to be negotiated. The outcome of the negotiations is not yet certain, and it would therefore be premature to seek to replicate in our law one side of a reciprocal arrangement that may not continue. However, I am happy to make it clear that if the forthcoming negotiations produce an agreement to continue access to the regime established under the directive, or something like it, appropriate steps in legislation will be brought forward to implement it at that time. I therefore urge her not to press her amendment.