Legal Advice: Prorogation

Martin Whitfield Excerpts

Wednesday 25th September 2019 Commons Chamber

[The Attorney General]

That is, of course, one function of a court’s role, but a court is perfectly entitled to develop the common law. I do not think there can be any doubt that that is what happened in this case.

[Martin Whitfield (East Lothian) (Lab)]

It is often said that a lawyer who acts for himself has a fool for a client. It is also worrying if the lawyer is not aware of the costs of continuing with the advice. When the Attorney General makes a statement about the costs to the taxpayer, could he include the costs to the House authorities of having to reconvene on 24 hours’ notice and the inconvenience to staff?

[The Attorney General]

May I place on the record, Mr Speaker, my endorsement entirely for your expression of gratitude to the staff of the House? They do an extraordinarily great job. We are deeply grateful to them for that and for the speed with which they have been able to facilitate the resumption of Parliament.

United Kingdom’s Withdrawal from the European Union

Martin Whitfield Excerpts

Friday 29th March 2019 Commons Chamber

[Nick Thomas-Symonds]

My hon. Friend is absolutely right. Let me be clear: Labour Members will never leave a Tory Prime Minister free to rip up workers’ rights and protections and to put the jobs and livelihoods of our constituents at risk in a Brexit that would be driven by ideology. As my hon. Friend set out, the motion before us today is clear, and the Attorney General is clear, that it does not even pretend to meet the requirements of section 13 of the European Union (Withdrawal) Act.

[Martin Whitfield (East Lothian) (Lab)]

In the cul-de-sac of certainty that the Government are announcing today, is it not possible that they might seek to appeal or revoke section 13 at some date, which would get them out of their problem?

[Nick Thomas-Symonds]

Given the Government’s conduct in negotiations in recent years, who knows? We can rule very little out.

Withdrawal Agreement: Legal Position

Martin Whitfield Excerpts

Monday 3rd December 2018 Commons Chamber

[The Attorney General]

As I have explained, a unilateral right of termination would be inconsistent with a backstop, which is a guarantee that in circumstances where there is not a deal, or during the negotiations for a deal, there will be no hard border, and there will be protection of north-south co-operation. That backstop has to exist, or there will be no deal. As to the ECHR, that is already protected by the Belfast agreement; it is embedded in that agreement, and would have to be preserved for that reason.

[Martin Whitfield (East Lothian) (Lab)]

In paragraph 42 of the right hon. and learned Gentleman’s notes, he confirms that

“During any extended implementation period…the UK would not be part of the Common Agricultural Policy”.

This will, of course, have an effect on Scotland. Can he confirm what legal advice was given with regard to the devolved Government coming out of the common agricultural policy in an extended implementation period?

[The Attorney General]

The CAP is dealt with by the Department for the Environment, Food and Rural Affairs, and I have no doubt that Government lawyers will have given it advice. I am afraid that I am not in a position to assist the hon. Gentleman with any specific advice on that question at the moment, but I am happy to write to him about it.

European Union (Withdrawal) Bill

Martin Whitfield Excerpts

Report stage: First Day: House of Commons
Tuesday 16th January 2018 Commons Chamber

There is a whole question about essential goods and services such as medical diagnostics, mail and the vast majority of international trade and tourism. Tourism accounts for 21% of the gross value added of Anguilla. So much about Anguilla is dependent on the relationship it has with the island to its south, and that is with the European Union. The Government have said nothing about this.

[Martin Whitfield (East Lothian) (Lab)]

I am very grateful to my hon. Friend for giving way. I do not want to interrupt his most eloquent speech, but does he not agree that the irony is that Anguilla reflects the position that we will find ourselves in at the edge of Europe should we leave? Indeed, it is a concern that the Government have not given any sensible or sufficient answers to his queries, and it bodes ill.

[Mike Gapes]

Actually, I do not agree. The UK has far bigger clout in the world than a small island with a population of just 15,000. My hon. Friend is right that we will be damaged—there is no doubt about it—by self-inflicted harm, but, as President Donald Tusk pointed out today, we can of course change our minds, and if we do so he would be delighted.

The position with regard to Anguilla is potentially one of a country with a problematic border. I have referred already to that closure at 10 o’clock at night. If, once we leave the EU, relations between the UK and France become worse than they are now, how do Ministers and Government Members think that we will be able to speak for the interests of this British overseas territory when we are not able to succeed today in getting everything that it needs? We would have less influence and no seat at the table. We would not be in the room and we would not be able to say anything to help it.

I do not wish to take too long, but there are important points about peoples whose voice has not been heard in this Chamber. Between 2012 and 2014, Anguilla did receive some UK official development assistance, but it was a very small sum, amounting to only £141 per person. Since then, there has not been such support. However, Montserrat received £14,000 per person and St Helena, which is even more remote, received £66,000 per person in ODA.

Anguilla is worried that after the UK has left—if we leave—the European Union, EU initiatives that currently occur within the overseas territories will no longer continue. Anguilla understands that ODA will be vital, but that support has steadily declined and its people are worried about the threat to the European Union funds. As part of the UK Caribbean Infrastructure Fund, a £300 million programme was announced in September 2015, in order to fund infrastructure such as roads, bridges and ports across the Caribbean, via the various banks and the Department for International Development, but Anguilla is very concerned about what will happen in the long term.

--- Later in debate ---

[Mr Jenkin]

I accept that. Whatever compromise or proposals emerge in the other place, we can either debate them, vote on them and accept them, or we can debate them, vote on them, reject them and send back our own proposals to the other place at that point, so this House will have an opportunity to debate this very fully—just as fully as on Report.

This is, ultimately, a question of trust. We need to build up trust. Whatever the future holds for our United—or disunited—Kingdom, there need to be relationships of trust between the four Parliaments of these islands, the four Administrations of these islands, to enable us to make our way in the world as effectively as possible after we have left the European Union. That trust is still somewhat lacking in those relationships, and there may be one or two who want to foment distrust for their own political reasons. That makes getting this sorted out in an amicable way more challenging, but all the more necessary.

[Martin Whitfield]

Is not trust based on experience, and is not the experience that we have witnessed over the past few weeks disappointing in that building of trust?

[Mr Jenkin]

We have come a long way since the Government first published the Bill in draft last summer, when there were very peremptory conversations with the devolved Administrations and they felt very unconsulted about the Bill that had been published. There has been quite a lot of trust building and discussion, and the meetings of the Joint Ministerial Committee, which has discussed these matters and produced joint memorandums, shows that the trust is capable of building. I do think we have gone backwards a little bit in recent weeks, but I hope that the work that my Committee is doing will help. My Committee is going to Cardiff at the beginning of February and then we will be making an official visit, following an unofficial visit late last year, to Edinburgh, to build up these relationships and these understandings between the different Parliaments and the different Administrations. I do hope that in the end we can arrive at the right destination.

--- Later in debate ---

[Stephen Kerr]

I thank the hon. Gentleman for remembering my speeches, which makes him very favourable in my sight. I shall come to clause 11, but first I wish to make it clear that the people and businesses of Stirling—the individuals who live in my constituency—want us to make the best of Brexit. All we hear from other parties, as we heard from the First Minister of Scotland yesterday, is an unmitigated diet of doom and gloom. The fact is that, as was disclosed in an esteemed social attitudes survey that was released last week, there are really no differences between the electorates in Scotland and England when it comes to what they want the Government to get on with doing. They want the best possible Brexit, and a smooth Brexit that will work for all the people of this country.

The Bill is a necessary enabling measure. No one in this House wants to put our country and British businesses through a cliff-edge Brexit. The idea that there are Members who do is often repeated, but it is just not true. We want a smooth Brexit and a working statute book at the end of it. I repeat that, and I do not apologise for repeating it.

[Martin Whitfield]

Does the hon. Gentleman agree that the electorate do not want a deficient Bill to lead them into Brexit?

[Stephen Kerr]

Let me come to that—I promise that almost my next sentence will be on that. I want to make sure that the Bill and Parliament deliver what my constituents expect.

I now turn to clause 11 and the amendments to it, particularly amendment 3. Let me be absolutely clear about the clause: we must have an agreement between the UK and Scottish Governments to allow for the passage of a legislative consent motion. I am not convinced that that is a legal necessity, but it is a convention that the Government are honouring and they should be commended for that. I am therefore intensely disappointed, dissatisfied and frustrated that a deal has not been struck between Scotland’s two Governments.

In the past few days, there has been a lot of talk in the media about the claim that there is an agreement in principle between the UK and Scottish Governments. The Scottish Government’s Brexit Minister, Mike Russell, claimed on television on Sunday that such an agreement existed. Will the Minister tell us the status of the negotiations between Scotland’s two Governments? Is there an agreement in principle? Is there an agreement on the frameworks that we all agree are essential for the operation of the UK marketplace, to allow the UK to honour its international obligations and to strike trade deals?

--- Later in debate ---

Moving on to the detail—

[Martin Whitfield]

rose—

[Lady Hermon]

rose—

Oral Answers to Questions

Martin Whitfield Excerpts

Thursday 29th June 2017 Commons Chamber

[Karen Bradley]

My hon. Friend makes an interesting point. He will know that, from this year, when the BBC accounts are published they will show the salary levels of all talent being paid more than £150,000. That is a welcome increase in transparency.

[Martin Whitfield (East Lothian) (Lab)]

2. What assessment she has made of the potential effect of the UK leaving the EU on the creative industries.

[The Minister for Digital (Matt Hancock)]

We want the best deal for Britain on leaving the European Union. The creative industries are some of the UK’s greatest strengths, and we want them to continue to thrive.

[Martin Whitfield]

Given the importance of the creative industries to East Lothian—a major film location for films such as “The Railway Man” and “The BFG”—and the money they bring to the local economy, what discussions have been held with the Scottish Government regarding the impact of Brexit on the creative industries? What assurances can he give that the investment in the creative industries will continue after Brexit?

[Matt Hancock]

I have every confidence that the creative industries, which are one of our great strengths right across the country, including in Scotland—I was in Edinburgh on Monday talking to Creative Scotland and others—will continue to go from strength to strength, and we are determined to get a Brexit deal that works for them.