European Union (Notification of Withdrawal) Bill

Joanna Cherry Excerpts

Committee: 1st sitting: House of Commons
Monday 6th February 2017 Commons Chamber

[Mr Harper]

I completely agree with the hon. Lady, which is why I am pleased that the Prime Minister, in her statement today and on a number of other occasions, has made it clear that she wants to reach an early agreement, and has been seeking to do so, with our European partners. But, in leading our country, the Prime Minister has to look to the interests of British citizens, as well as to the interests of citizens from other EU countries who are here. She does not serve the interests of British citizens by putting the interests of EU nationals ahead of them.

[Joanna Cherry (Edinburgh South West) (SNP)]

The right hon. Gentleman is courteous in giving way. I am a member of the Exiting the European Union Committee, and a few weeks ago we heard evidence from several British nationals living in Spain, Germany, Italy and France. They were members of representative organisations for British nationals, and every single one of them said that they felt that the other member states would reciprocate if the UK Government made a unilateral guarantee of the rights of EU nationals living here. Has he taken that evidence into account?

[Mr Harper]

I have, and the hon. and learned Lady has now put it before the House, but the problem is that I have not seen any evidence to support that view. If I listened correctly to what the Prime Minister was saying, it sounds as though a number of European member state Governments are indeed of that view, but clearly more than one are not—or at least they are not now. Therefore, it is sensible to get this right.

There is another thing that Members of this House ought to be doing, and this picks up on the point made by the right hon. Member for Leicester East (Keith Vaz). There are already several mechanisms through which EU nationals who have lived in the UK for some time can sort out their residency status on a permanent basis. Rather than scaremongering and whipping up concern, hon. Members would do well to put that information in front of their constituents in order to reassure them.

[Joanna Cherry]

The point that these British nationals living abroad made was that the British Government put this matter on the table—they put the rights of these people at issue—so they should take the lead by guaranteeing the rights of EU nationals living in the UK, and then other member states would follow suit. Those are not my words but the words of British nationals living abroad. What does the right hon. Gentleman have to say to that?

[Mr Harper]

I go back to the premise of the hon. and learned Lady’s question; it was not the British Government who made this decision, as it was the decision of the British people—

[Joanna Cherry]

It is the same thing—

[Mr Harper]

No, with the greatest respect, it is not the same thing. These issues have arisen and there is a question about the rights of EU nationals and British citizens because the people of the United Kingdom decided that we were going to leave the EU. That is not a decision of the Government—

--- Later in debate ---

[Mr Harper]

I hope the hon. Gentleman will forgive me—I am sure my colleagues on the Government Benches will find this slightly repetitive—but he said that the people of England voted and I must point out that that is not the case. There was a United Kingdom referendum, one of two referendums over the past few years, both of whose outcomes I respect. There was a vote by the people of Scotland to remain in the United Kingdom, so it therefore follows that the referendum on the United Kingdom’s membership of the EU was a UK decision. It was a single vote and the UK decided to leave the EU. Scotland did not have a separate decision; it was a UK decision. I respect both referendums and I am going to proceed on that basis.

[Joanna Cherry]

Perhaps I can help the right hon. Gentleman to understand where Scottish National party Members are coming from. During the Scottish independence referendum, the leader of the Conservative and Unionist party, Ruth Davidson, told Scottish voters that the way to guarantee their EU citizenship was to vote to remain part of the UK. He enjoyed a cosy little exchange a moment ago about the First Minister allegedly misleading people, but it is clear that the leader of his party in Scotland misled voters during the independence referendum. Would he now like to take the opportunity to apologise for that misleading statement?

[Mr Harper]

I would not. The leader of the Conservatives in Scotland—I am pleased to say that she is the Leader of the Opposition in the Scottish Parliament and the latest opinion polls are showing Conservative support rising and Labour support falling—campaigned strongly both for the maintenance of the UK and for the UK to remain in the EU. I was disappointed by the latter result, as was she, but I do not think she misled anybody and therefore I do not feel the need to apologise.

[Joanna Cherry]

rose—

[Mr Harper]

I have taken the hon. and learned Lady’s intervention and I will now make some progress.

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[Mr Harper]

I have one more new clause to talk to and then I will sit down.

New clause 109 talks about the provisions of the Good Friday agreement, and other agreements agreed between the UK and Ireland. It lists a whole load of issues. It seems to me that the free movement of people, goods and services and so forth on the island of Ireland and citizenship rights are not guaranteed by membership of the EU. In previous legislation, such as the Ireland Act 1949, it is clear that citizens of the Republic of Ireland and citizens of the United Kingdom have reciprocal —the word “reciprocal” is important—arrangements to live in each other’s countries and to vote in each other’s countries. Irish nationals in Britain can vote in our elections. If we were to go to live in the Irish Republic, we could vote in theirs. Those arrangements will be preserved when we leave the European Union. The new clause is unnecessary.

[Joanna Cherry]

I am very disappointed to hear that the right hon. Gentleman is coming to the end of his contribution, because, judging from the communications that I am receiving from constituents and voters in Scotland, every word he says is putting our vote through the roof and greatly increasing the cause of a second independence referendum. I urge him and those around him please to continue in the same vein, as it is doing us the world of good.

[Mr Harper]

Based on the Twitter trolling that I receive, I suspect that most people contacting the hon. and learned Lady would already have supported the nationalists in the first place. With the successful campaigning efforts of my friend, the leader of the Scottish Conservatives, it seems that those of a Unionist disposition in Scotland are very much moving to support the Conservative party in Scotland, which is why she is the Leader of the Opposition there.

--- Later in debate ---

[John Redwood]

I support the remarks of my right hon. Friend the Member for Forest of Dean (Mr Harper). I thought he took the Committee patiently through a number of important amendments tabled by Opposition parties, and he explained why some of them are needless because the Government are perfectly well intentioned in relation to the other parts of the United Kingdom and wish to consult very widely, and how some of them would be positively damaging because they are designed as wrecking amendments to impede, delay or even prevent the implementation of the wishes of the people of the United Kingdom.

My disappointment about both the Labour and the Scottish National party amendments is that there is absolutely no mention of England in any of them. To have a happy Union—I am sure the Scottish nationalists can grasp this point—it is very important that the process and solution are fair to England as well as to Scotland. I of course understand why the Scottish nationalists, who want to break up the Union, would deliberately leave England out of their considerations of their model for consulting all parts of the United Kingdom. That is deliberate politics, as part of their cause to try to find another battering ram against the Union.

In the case of Labour, however, I find that extraordinarily insouciant and careless. The Labour party is now just an England and Wales party, with only one representative left in Scotland and none in Northern Ireland. Yet it seems to be ignoring the main source of its parliamentary power and authority because it does not say anything in its amendments that would give a special status to England alongside Scotland, Wales and Northern Ireland and provide proper consultation throughout all parts of the UK. The Labour spokesman, the hon. Member for Darlington (Jenny Chapman)—she spoke very eloquently, and in a very friendly way—did not mention the word “England”, and she had no suggestion about how England should be properly represented and England’s views properly taken into account in the process that is about to unfold.

[Joanna Cherry]

May I assure the right hon. Gentleman that if he were minded to bring forward any amendments dealing with his concerns about England, we would give them serious consideration?

[John Redwood]

I have not done so, because I agree with my right hon. Friend the Member for Forest of Dean and Government Front Benchers that the Government will, of course, do a perfectly good job in consulting and making sure that all parts of the UK are represented, and I am quite sure that Ministers who represent English constituencies will want to guarantee that the view of England is properly considered.

--- Later in debate ---

[Seema Malhotra]

Perhaps I can clear this up. The maximum time is to encourage engagement over the period of the negotiations, assuming that they last for two years. This is a process to engage the regions and nations far more effectively in a national conversation. If there is one thing that this debate and the referendum outcome have taught us, it is that people want to be listened to.

[Joanna Cherry]

I rise to speak in support of amendment 46, which stands in my name and that of my hon. Friends, but before that I would like to take the opportunity to thank Conservative Members who have spoken this evening for their quite extraordinary display of hubris and contempt towards amendments, laid by several different parties, that simply seek to make sure that the reality of the modern British constitution and devolved settlement is respected. Those of us who believe that Scotland would be better off managing its own affairs as an independent member of the EU will have received a huge boost this evening from their behaviour. It was a pleasure to listen to the speech of the hon. Member for Foyle (Mark Durkan). I am sure he will forgive me if I say that I suspect that the cause of a united Ireland has also received a boost this evening. I very much hope so.

I will be brief so that others from my party might have a chance to speak. The purpose of amendment 46 is to require the Prime Minister to obtain the legislative consent of the Scottish Parliament, the Welsh Assembly and the Northern Irish Assembly before she triggers article 50. It is a pleasure to have the opportunity to correct the hon. Member for North West Cambridgeshire (Mr Vara) and his woeful misunderstanding of what the Supreme Court did and did not say in relation to legislative consent motions. It said that, as currently framed in the Scotland Act, they are not legally enforceable. It did not say that they had no meaning whatsoever. The hon. Member for Foyle quoted paragraph 151 of the judgment, and I very much suggest that Conservative Members read the judgment, rather than simply taking from it what they want. It said:

“The Sewel Convention has an important role in facilitating harmonious relationships between the UK parliament and the devolved legislatures. But the policing of its scope and the manner of its operation does not lie within the constitutional remit of the judiciary”.

[Mr Vara]

rose—

[Joanna Cherry]

I am not going to give way. I am going to—

[The Chairman of Ways and Means (Mr Lindsay Hoyle)]

Order. I ask the hon. and learned Lady to take her seat. I have been very kind in bringing in the SNP, and I ask that she not take advantage of the time—[Interruption.] Order. I wanted to share the time, so I hope that she is coming to an end, so that we can get one more speaker in, as I promised I would do by allowing her to speak.

[Joanna Cherry]

The purpose of the amendment is to require the Government to do what they said they would do when they introduced the Scotland Act, which was to make the Scottish Parliament the most powerful devolved Parliament in the world, and give it a say in a process that will fundamentally affect the rights of Scottish citizens and Scottish business. [Interruption.] I noted that Government Members were given as much time as they wanted to make their points, and I intend to take as much time, as is my right, to make my points.

[The Chairman of Ways and Means (Mr Lindsay Hoyle)]

Order. I think that the hon. and learned Lady’s speech has come to an end. Let us now please hear from the Minister.