European Union (Withdrawal Agreement) Bill

Tim Loughton Excerpts

2nd reading & 2nd reading: House of Commons & Money resolution: House of Commons & Programme motion: House of Commons & Ways and Means resolution: House of Commons & Money resolution & Programme motion & Ways and Means resolution
Friday 20th December 2019 Commons Chamber

[Hilary Benn (Leeds Central) (Lab)]

It is a great pleasure to follow the right hon. Member for Basingstoke (Mrs Miller). I agree with her argument that we need to be able to disagree agreeably, as I think President Obama once put it.

If the Secretary of State is looking for some consolation for his Department being abolished at the very moment that we leave the European Union, let me tell him that it will also mean that he will no longer have the untrammelled joy of appearing before the Brexit Select Committee. I thank all Members who have served on the Committee and our wonderful team of Clerks and advisers, who have supported us with their expertise.

At the heart of this Bill is a gamble—a gamble with our nation’s economy. The Prime Minister has so much confidence in the Government’s ability to finalise a new relationship with the European Union by this time next year that this Bill will prevent, by law, any extension of the transition period beyond December 2020. If he succeeds, his gamble will have paid off—although I wonder how detailed an agreement he will manage to achieve in that time—but if he fails, the cliff edge of a no-deal Brexit beckons in just 12 months’ time.

The pillar on which that confidence is built is the argument that because we have been aligned with the European Union for the past 40 or so years, that deal should be easy to reach. That argument would have force only if the Government were planning to stay as closely aligned to the other 27 member states and their rules, but we know that that is not the case. The Government want to move away from European rules and regulations. Indeed, the Prime Minister said it today: no alignment with EU rules. As that intention becomes clear to our EU negotiating partners, it will make the negotiations not simple, but much more complicated.

No doubt the Bill will be passed today. The question that the House has to address is: can a deal be completed when, as we have just heard, it took Canada seven years to reach an agreement? Can it be completed in 12 months, when we know that we have to negotiate not just tariffs and quotas and rules of origin, but services—80% of the British economy is built on the service sector—data, aviation, medicine safety, co-operation on consumer rights, security, access to databases that have helped to keep us safe from terrorism, which we will lose if we do not get this right, foreign policy, co-operation on climate change, and a long list of other matters of huge importance for the British economy and British society?

[Tim Loughton (East Worthing and Shoreham) (Con)]

The right hon. Gentleman has spent the last 12 months claiming that the Prime Minister never wanted to get a deal, and then he got one, and that the Prime Minister was not serious, and therefore he had to produce a Bill to hamstring Parliament and stop it progressing. Can he admit, just for once, that we have a deal—a deal that is going to happen this year—and use all his expertise and good services to rally round this Parliament, this Government and this country to make sure that we agree it by the end of year, so that we can all move on at last?

[Hilary Benn]

The Bill that the last Parliament passed did not hamstring the Prime Minister, because he achieved a renegotiation. However, to be fair, all he did was accept 95% of his predecessor’s deal and replace the previous backstop with a backstop that had been offered the right hon. Member for Maidenhead (Mrs May), but rejected on grounds that were clearly set out by the current Prime Minister to the Democratic Unionist party conference in November 2018—namely, that he would never, ever accept a border in the Irish sea, which is what he has promptly now done, which reminds us that it is not always wise to take the Prime Minister at his word.

European Union (Withdrawal Agreement) Bill

Tim Loughton Excerpts

Committee stage & Committee: 2nd sitting: House of Commons & Committee: 2nd sitting
Wednesday 8th January 2020 Commons Chamber

[Joanna Cherry]

There is not much on which the right hon. Gentleman and I will agree, but we can agree on this point. There needs to be a recognition, along with the triumphalism of members of the Conservative and Unionist party about their win in England—which I understand, because we feel pretty triumphal about our win in Scotland—that, if theirs really is a Unionist party, they must engage properly with the representatives of the other parts of the United Kingdom.

Before I deal with the amendments in this group, let me raise again with Ministers the points that I made yesterday about the sweeping powers that the Government are taking to themselves in clauses 3, 12, 13, 14, 18, 21 and 27 to table delegated legislation making provision for areas of devolved policy. The Secretary of State tried to rubbish my interventions yesterday, but if he had time to read the independent report of the Scottish Parliament Information Centre overnight he will know that this is not some SNP party political diatribe, and that careful analysis of the Bill makes clear that it is a matter of fact that the Government are taking to themselves the right of British Ministers, acting alone, to produce delegated legislation in relation to devolved areas. That shows that the paragraph about which the SNP has complained on a number of occasions will actually be included.

The Secretary of State tried to deflect me yesterday, first by saying that the power related to reserved matters. That was simply not correct, as it clearly relates to devolved matters. He then suggested that the power that the Government were taking was merely technical. He will, of course, know that the Sewel convention does not apply to delegated legislation, although it probably would not matter if it did, because the Government are now prepared to drive a coach and horses through it. Interestingly, the Government’s delegated powers memorandum to the Bill states that UK Ministers “will not normally” make regulations in relation to devolved areas

“without the agreement of the relevant devolved administration.”

That is what the Sewel convention says, but we know that it has lately been more honoured in the breach than the observance.

Let me ask the Secretary of State again to revisit the remarks that he made yesterday. Will he acknowledge, for the record—and these are matters on which there may be litigation in the future, so the record might be quite important—that the clauses to which I have referred give UK Ministers the power to make delegated legislation in relation to devolved matters? Will he acknowledge, for the record, that that constitutes an incursion into devolved policy that rightly causes concern not just to the Scottish National party but to all who believe in the devolved settlement?

I know that it is history, but 22 years ago 75% of the people of Scotland voted for that devolved settlement. It is worth remembering that the background against which they did so was years and years of Scotland voting Labour but getting a Conservative Government. Now they are seeing years and years of Scotland voting SNP but getting a Conservative Government. I think it reasonable to draw a lesson from that history: there probably will be another constitutional referendum in Scotland soon, because the tension that now exists is similar to the tension that existed in the 1990s. I look forward to hearing from the Secretary of State later today an acknowledgement of the power that is being taken by the British Government.

Overall, I would say that this Bill is about the Executive taking as much power to themselves as possible, not just from the Scottish Parliament and the Welsh Assembly but from this Parliament, with their swingeing use of delegated legislation and, in relation to clause 26, which I will come to in a moment, from the judiciary.

The Conservative and Unionist party’s manifesto revealed that the Government’s aim was to change the balance between Government, Parliament and the courts and, as my hon. Friend the Member for Central Ayrshire (Dr Whitford) said yesterday, we see in this Bill the beginning of the changing of that balance. We also see a continued attack on rights, not just the undermining of EU citizens’ rights, as we heard yesterday, and not just the undermining of workers’ rights, which we will come to later today, but the rights of child refugees.

It is fair to say that it is the proposal in the part of the Bill that we are discussing that has excited the most public comment. I have certainly received many communications from constituents who are worried about this, and in that connection I wish to speak to the amendments tabled in the name of my hon. Friend the Member for Cumbernauld, Kilsyth and Kirkintilloch East—new clause 43, amendment 28 and amendment 29—and at least to address them at this stage, whether or not they are made, which is perhaps a matter for later.

Across Europe, thousands of unaccompanied children are living in the most desperate circumstances, many of whom are separated from their families. Legal family reunion is a lifeline to those children, who would otherwise risk their lives in dinghies or in the back of lorries to reach a place of safety with their families. We have seen some pretty awful evidence recently of what can happen when refugees resort to dinghies or the backs of lorries.

In 2018, in recognition of that fact, a cross-party coalition in this House, including prominent Members of all parties, including the Conservative and Unionist party, recognised the humanitarian need for family reunion to continue and secured a legal commitment from the then Government to negotiate a replacement for the current rules when we leave the European Union. For the Government now to seek to remove those protections risks causing panic among refugee families currently separated in Europe, with potentially tragic consequences. It is also deeply unacceptable to the constituents of many MPs in this House.

The Government say that they are going to continue with refugee family reunion, so it is not clear to me why they are going to the trouble of taking that commitment out of this Bill, unless they want to hedge their bets a bit. Based on experience, that is what I suspect they are up to. Without this obligation in the Bill, there will be no obligation on the Government to ensure that family reunion continues beyond the very restrictive rules in United Kingdom law.

[Tim Loughton (East Worthing and Shoreham) (Con)]

I was one of the supporters of the original family reunification amendments. I trust the Government and that this commitment will be stuck to in the appropriate place—an immigration Bill. Does the hon. and learned Lady acknowledge, however, that post-Dublin III there is a potential problem with the full extent of those family members who qualify for family reunification, and that that needs to be sorted out? There is also a problem with the rate at which potential applicants are processed in places such as Greece and Italy, which is not working well, and with the cost of applications. The whole scheme needs to be properly overhauled, and just bunging it into this Bill is not necessarily the best way of getting the best result that we all want.

[Joanna Cherry]

The answer to that is that the whole scheme is not being bunged into this Bill. The obligation to maintain certain minimum-level requirements is being taken out by the Bill, although it was agreed by cross-party Members, including the hon. Member for East Worthing and Shoreham (Tim Loughton), in the last Parliament.

The UK’s immigration rules as they stand—apart from some very limited circumstances—allow children to reunite only with parents, not with other relatives, in the UK. Under the EU Dublin III regulation, children have a legal route to reunite with other family members such as siblings, grandparents, aunts and uncles, and 95% of children that the charity Safe Passage supports to reunite with family safely and legally would be ineligible under the current UK rules. The consequence of this is that they would be forced to remain alone, separated from their families. There is a legitimate concern that taking out this previous commitment, through the Bill, is the beginning of a move towards an absolutely minimalist approach by the Government to their rights and duties.