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Category: Brexit

  • Edward Argar – 2020 Statement on Health and Exiting the European Union

    Edward Argar – 2020 Statement on Health and Exiting the European Union

    The statement made by Edward Argar, the Minister for Health, in the House of Commons on 4 November 2020.

    I beg to move,

    That the draft Blood Safety and Quality (Amendment) (EU Exit) Regulations 2020, which were laid before this House on 8 October, be approved.

    Mr Deputy Speaker (Mr Nigel Evans)

    With this we shall take the following motions:

    That the draft Human Fertilisation and Embryology (Amendment) (EU Exit) Regulations 2020, which were laid before this House on 8 October, be approved.

    That the draft Human Tissue (Quality and Safety for Human Application) (Amendment) (EU Exit) Regulations 2020, which were laid before this House on 8 October, be approved.

    That the draft Quality and Safety of Organs Intended for Transplantation (Amendment) (EU Exit) Regulations 2020, which were laid before this House on 8 October, be approved.

    Edward Argar

    Today we debate four sets of regulations that are critical in giving effect to the Northern Ireland protocol for the safety and quality of blood, organs, tissues and cells, including reproductive cells.

    All hon. Members would agree that donated blood, organs, tissues and cells play a vital role in life-changing treatments for UK patients, whether blood transfusions to treat major blood loss, heart transplants to treat heart failure, stem cell transplants to treat blood cancer, or eggs and sperm to treat infertility. Patients rely on those treatments every day. Many people would not be alive today were it not for the generosity of donors and their families, and I pay tribute to them.

    The UK has always set high standards of safety and quality for blood, organs, tissues and cells, and those standards will always be of the utmost importance to this Government. The current safety and quality standards for blood, organs, tissues and cells are derived from EU law. Last year, in preparation for the UK leaving the EU, the Government made four statutory instruments to fix shortcomings in the current law caused by EU exit. These were made on a UK-wide basis and will come into effect on 1 January 2021. The 2019 statutory instruments maintain the current safety and quality standards across the UK. On 20 May 2020, we set out our approach to implementing the Northern Ireland protocol as part of meeting our obligations under the withdrawal agreement with the EU. We are committed to meeting these obligations, all the while recognising the unique status of Northern Ireland within the UK and the importance of upholding the Belfast/Good Friday agreement.

    These four instruments will come into force on 1 January 2021. They will ensure that Northern Ireland continues to be aligned with the EU blood, organs, tissues and cells directives, as required by the protocol. In particular, first, although the safety and quality standards will remain the same across the UK from 1 January 2021, for Northern Ireland those standards may be expressed by reference to EU legislation, whereas for Great Britain they are not. Secondly, the UK regulators for blood, organs, tissues and cells will continue to act as the competent authorities for Northern Ireland in respect of the EU. That means that the Medicines and Healthcare Products Regulatory Agency, the Human Tissue Authority and the Human Fertilisation and Embryology Authority will continue to meet the same EU obligations for Northern Ireland as they do now.​

    Thirdly, these instruments amend the definition of “third country” for imports into Northern Ireland to ensure that we meet the terms of the Northern Ireland protocol but also our commitment to unfettered access. That means that, from 1 January 2021, when establishments in Northern Ireland receive blood, organs, tissues and cells from Great Britain, they will need to treat them the same as those received from outside the EU. In accordance with our commitment to unfettered access for goods moving from Northern Ireland to Great Britain, there will be no changes to the requirements when sending blood, organs, tissues and cells from Northern Ireland to Great Britain. The movement of blood, organs, tissues and cells around the UK is critical for patient treatment, and we are committed to ensuring that this movement can continue from 1 January 2021.

    Fourthly, these instruments will require tissue establishments in Northern Ireland to continue using the single European code for traceability purposes, as they do now. Fifthly, the 2019 statutory instruments introduced some limited regulation-making powers into UK law for each of the UK nations. The European Union (Withdrawal) Act 2018 contains the powers needed to make changes in relation to safety and quality of blood, organs, tissues and cells for Northern Ireland. The powers in the 2019 statutory instruments are therefore no longer needed for Northern Ireland, and consequently, these regulations limit that regulation-making power to Great Britain. These instruments also make minor corrections to the 2019 statutory instruments to change references to “exit day” to read “implementation period completion day”, so that the regulations will function effectively at the end of the transition period.

    The regulators for the sector are working with licensed establishments across the UK to help ensure that they are ready for any changes that will arise from 1 January 2021. These changes affect only a small number of establishments in Northern Ireland—one blood establishment, one transplant centre, two licensed tissue establishments and four fertility clinics. There will be some minor administrative costs for establishments in Great Britain moving blood, organs, tissues and cells to Northern Ireland.

    Legislative competence for the donation, processing and use in treatment of human reproductive cells remains reserved to this Parliament. Competence in respect of all other human tissues, cells, blood and organs is devolved, and the relevant instruments are being made on a UK-wide basis with the consent of the devolved Administrations, for which I am grateful. There is work under way to put in place a common framework between the UK Government and the devolved Administrations to support co-ordinated decision making in the future on the safety and quality of blood, organs, tissues and cells after the end of the transition period.

    To conclude, these regulations are vital to the Government’s preparations for the end of the transition period. It is essential that they are made, to allow the UK to fulfil its obligations under the Northern Ireland protocol. The UK has high standards for the safety and quality of blood, organs, tissues and cells. These instruments ensure that the UK will continue to work to those high standards after the end of the transition period and that blood, organs, tissues and cells will continue to move around the UK from 1 January 2021. I therefore commend the regulations to the House.​

    Alex Norris (Nottingham North) (Lab/Co-op)

    There are many great trios and trilogies—we think of the Marx Brothers, the Lord of the Rings or Ali and Frazier, culminating in the “Thrilla in Manila”. This week the Minister and I have had our own trilogy of debates—two upstairs and now one, the main event, in the main Chamber—on three statutory instruments that are pretty much identical, but with different names. I do not see many people from those Committees in the Chamber, so as well as being able to recycle my gags, I can recycle some of my points of substance; I am sure the Minister will forgive me.

    These are technical, Brexit-related amendments, but they are also of life-saving importance. They refer to the safety and quality of blood and blood components, organs, tissues, cells and reproductive cells for treating patients. Among other technical changes, they will allow current regulators in these areas to continue as the competent authorities in relation to the EU for Northern Ireland. That is, of course, essential in both legislative and practical terms, so we will not be dividing on these regulations. It is vital that this and the rest of the protocol is implemented in good time. I asked the Minister for this on Monday and Tuesday, but, with fewer than 60 days to go, it is really important to put on the record his assurance that the rest of the protocol will be implemented in time.

    The UK legislation for the safety and quality of blood organs, tissues and cells is, of course, based on European law. The European Union (Withdrawal) Act 2018 ensures that the EU-derived domestic legislation will continue to have an effect after the end of the transition period. In 2019, this House introduced regulations to ensure that UK legislation in this area could function effectively after the transition period. However, Northern Ireland will remain subject to relevant EU laws as a result of the protocol on Ireland and Northern Ireland, so today these four statutory instruments amend those regulations and allow Northern Ireland to meet European law. This seems to be an area where divergence would not be of great interest across Great Britain and Northern Ireland, so it would be helpful to have some assurance from the Government—again, I have raised this twice this week—that there are no grand plans for significant divergence in this area. Similarly, I wonder whether I might press the Minister on how these regulations will relate to the Medicines and Medical Devices Bill. During the Commons stages of the Bill, we pushed a human tissue amendment to stop unwillingly harvested materials from entering the UK. Clearly, these regulations will have a bearing on underpinning that amendment. We were not able to make much progress in this place, but I am happy to say that, this week, the Government Minister in the other place, during the Lords stages, has indicated a willingness to try to come to a common agreement on this. If we can find such cross-party support in the other place, will the Minister make a commitment to look at this with an open mind?

    The OneBlood establishment in Northern Ireland, the Northern Ireland Blood Transfusion Service at Belfast City Hospital, will of course be able to continue to receive blood and blood components from similar establishments across the UK, but when this happens, Great Britain will be treated as a third country—as it will be. When the Minister was on his feet, I think he ​said that there would be no great frictions there, but I would like to understand that in practical terms and to have full assurances that there will not be a delay in the use of blood products and that patients will not be injured in waiting to receive them. I think that is something that requires a categorical assurance.

    Regarding organs for transplant, we know that the NHS Blood and Transplant service will continue to be responsible for organ donation and retrieval in the UK. Between April 2019 and March 2020, 32 organs from deceased donors moved from Great Britain to Northern Ireland and 126 organs moved from Northern Ireland to Great Britain. Organs will continue moving from Great Britain to Northern Ireland, but, as before, Northern Ireland-based establishments will now be treated in Great Britain as a non-EU member for these purposes, so we need a firm commitment on the record that this will not, as I say, hinder our ability to move those organs. Clearly, there is a significant need for such an assurance as this is likely to continue on a significant scale.

    The Human Tissue Authority says that human tissue establishments will need to vary their licences in order to continue their activities post-transition. This includes establishments that intend to import or export tissues and cells as the starting material for the manufacture of an advanced therapy medicinal product. That is extremely important, so what variance does the Minister foresee? Will there be delays? How will it happen? I wonder what consultation he has perhaps had with such centres.

    I wish to make a final point on fertilisation and embryology. What disruption is expected to patient treatment as clinics adapt during the transition period? Can the Minister say what proactive support is being offered to those clinics to limit the impact on patients?

    All of this would be much easier if we had a deal arranged. When these regulations were laid in 2019, my predecessor as shadow public health Minister, my hon. Friend the Member for Washington and Sunderland West (Mrs Hodgson), was saying then that there really was not much time to get a deal done, and that was 18 months ago. We have burned through those 18 months and are down to the last two, so, again, we would like a clear commitment from the Minister today that every effort is being made to reach a good deal for ourselves and for our partners, because that is what the British people were promised, and that is what the British people expect. In doing so, we need to make sure that disruption to such important things as those we have been discussing today can be avoided.

    Jim Shannon (Strangford) (DUP)

    Thank you, Mr Deputy Speaker, for the opportunity to ask some questions on this matter. I would like first to put on the record my thanks to the Minister for the opportunity, which he gives equally to every Member of this House, to bring to him our questions or concerns. He was very kind to do the same for me, and I appreciate it.

    I am a great supporter of organ transplants—that has always been one of my goals. I supported in this House the legislation that made them easier. I have also replied to a consultation in Northern Ireland to ensure that similar legislation can be introduced there. I have done that for a number of reasons. First, I believe that it is really important. Secondly, it is personal for my family, because my nephew Peter is a recipient of a kidney ​transplant. Without that transplant, that wee boy would never have progressed to become the man he is today, and all because someone gave him the gift of life.

    I have spoken at length during the pandemic to highlight the importance of organ transplants continuing. Some 3 million people in the UK have chronic kidney disease, including 1,000 children—my nephew would have been one of them all those years ago—and about 65,000 people are being treated for kidney failure by dialysis or transplant. In the UK, 6,044 people are on the transplant list, and 4,737 are awaiting kidneys.

    Interestingly, during the covid-19 crisis, more transplants took place in Northern Ireland than on the mainland, which shows why it is so important to have transplant organs going from the mainland to Northern Ireland, and from Northern Ireland to the mainland. The indication from the Minister is that that will happen, which is good news.

    At least one person a day will die because they have had to wait too long, and eight out of 10 people waiting are hoping for a kidney. NHS Blood and Transplant has estimated that this change in the law has the potential to lead to 700 more transplants each year by 2030. That might have to be extended by a year because of the pandemic. I hope that the pandemic will not prevent those who need a transplant from getting that opportunity.

    I am keen to get confirmation from the Minister in relation to the tissues regulation, which is a very technical matter. I have taken the opportunity to give him a copy of this, and I hope my description of it is appropriate and correct. Many constituents and people in Northern Ireland have raised this concern with me, so I just want to put it on the record, and perhaps he can provide an answer. I would like something clarified regarding the use of “aborted babies and their tissue”, as it is termed. If one reviews the instruments themselves, the word “aborted” is not referenced. The Minister and I have talked about that, and I understand that. However, in this instrument, it would be implied or covered under the broader term “tissue”, which is defined as

    “all constituent parts of the human body formed by cells”,

    but that does not include

    “gametes…embryos outside the human body, or…organs or parts of organs if it is their function to be used for the same purpose as the entire organ in the human body.”

    Does the Minister know whether the Human Tissue (Quality and Safety for Human Application) (Amendment) (EU Exit) Regulations 2020 address the concerns about the use of tissues or organs from aborted babies, and if so, how is the issue of consent dealt with? My constituents have asked me to ask that question and I want to put it on the record in Hansard tonight, and I know that he will do his best to answer it. I would appreciate it if he could outline that. I am being very honest with you, Mr Deputy Speaker, about where I am coming from, because every cell of that little one is precious and must be used with consent and appropriately, just as is the case with those incredibly brave men and women who chose to donate the organs of their lost loved ones in order to save others.

    I am always reminded—I will conclude with this thought—of a person who tragically died as a result of an accident in Newtownards. A few months later his father came to tell me that his son had been able to give seven parts of his body to organ donor recipients. That changed the lives of seven people. I am ever mindful of ​how important that is. I believe it is a worthy decision, and my family are beyond grateful for those who did this for us. However, we must always ensure that there is dialogue with the family, and this issue must be highlighted at every stage.

    Edward Argar

    As the shadow Minister alluded to, it always a pleasure, and an increasingly frequent one, to appear opposite him in dealing with delegated legislation. He is of course a fellow east midlands MP, which only adds to the pleasure of appearing opposite him. He raised a couple of broad issues, and then I will come to some of the specific points that he made. As ever, if I omit to answer something, I will endeavour to write to him so that he has that on the record.

    The shadow Minister asked about our intention to implement the Northern Ireland protocol and the regulations relating to it in good time. The fact that this is the third piece of delegated legislation relating to the implementation of the protocol that he and I have dealt with on consecutive days is a reflection of our commitment to getting on with it and bringing forward those regulations. We are doing that with his co-operation, for which I am very grateful.

    The shadow Minister talked about a negotiated deal. It will not surprise him to hear—he has heard this twice already this week—that the UK Government continue to negotiate with the European Union, and it would be wrong for me to prejudge, either in Committee or on the Floor of the House, the outcome of those ongoing negotiations.

    The shadow Minister asked a number of specific questions. He made a point about the divergence of regulations, either now or in the future. As my noble Friend Lord Bethell said in the House of Lords, on divergence from existing EU regulations:

    “There may be at an appropriate point in the future an opportunity for the department to review whether the UK’s exit from the EU offers us opportunities to reappraise current regulations to ensure that we continue to protect the nation’s health. When that moment arrives, we will consult, analyse and assess. The regulations put in place the opportunity to do that—but that is for a moment in the future and it is not envisaged in the near future.”—[Official Report, House of Lords, 2 November 2020; Vol. 807, c. GC238.]

    On the previous pieces of delegated legislation we have considered, I have highlighted the UK Government’s intent to continue to be world-leading on the issues that we have been dealing with on these three consecutive days.

    The shadow Minister mentioned the Medicines and Medical Devices Bill, which is currently going through the other place. As drafted, it will allow us to strengthen the requirements governing the use of human tissues and the development of medicines. Were it deemed necessary and appropriate to do so, powers under clauses 1 and 2 would enable us to introduce new requirements to the Human Medicines Regulations 2012 for medicines manufactured using human tissues. I look forward to the passage of that Bill through the other place and its becoming law in due course. I am confident that it will be in place in good time.

    The shadow Minister asked about the movement of blood and blood components, which is a hugely important issue. As he is aware, the UK is largely self-sufficient in the supply of blood and blood components, and it occasionally exports rare blood cells, although fewer ​than 10 units per year to EU and non-EU countries. Components are frequently shared across the four nations to meet need and clinical demand, and I believe that these regulations clearly ensure that that flow is not interrupted.

    On that theme, traffic between Great Britain and Northern Ireland will remain, as it will between Great Britain and the European Union. To give the shadow Minister further reassurance, I am glad to confirm that Northern Ireland will align with the EU, but we are committed to finding a way to work closely with it within the UK common framework, which is currently being developed, to ensure that that trade continues unhindered. He may even have mentioned these figures himself. Between April 2019 and March 2020, the UK exported 13 organs to the EU and imported 13 organs from it. Although those numbers may seem low, each and every one of those organs is vital to the individual receiving it. I am committed to maintaining the freedom of movement of those organs.

    Working with industry is a theme that the shadow Minister picked up in others of these delegated legislation sessions. We have already published some guidance, and we look forward to publishing more. We believe that it is absolutely vital that we work with industry to make sure it has all the information and support it needs to make a seamless transition to the new regulations.

    It is always a pleasure to see the hon. Member for Strangford (Jim Shannon) in his place. We missed him for a week or two when he was self-isolating, and the place was not the same without him, so it is a real pleasure to have him back. As ever, he spoke movingly and powerfully of the importance of these regulations in what they do to save lives. I hope I can offer him some reassurance, although the point he raised was a very technical one. He is right to say that that point is not explicitly mentioned in these regulations. I hope that that gives him some reassurance, but if it is helpful to him, particularly in the light of his constituents’ concerns, I or a fellow Minister will undertake to write to him with further clarification, so that he has that on record. With that, I commend the regulations to the House.

  • Michael Gove – 2020 Statement on the Withdrawal Agreement Joint Committee

    Michael Gove – 2020 Statement on the Withdrawal Agreement Joint Committee

    The statement made by Michael Gove, the Minister for the Cabinet Office, on 20 October 2020 in the House of Commons.

    The Withdrawal Agreement Joint Committee met on 19 October 2020 in London, with delegations attending in person and by video conference.

    The meeting was co-chaired by the Chancellor of the Duchy of Lancaster and European Commission Vice President, Maroš Šefčovicč, and attended by the alternate Joint Committee co-chairs; the First Minister and deputy First Minister of the Northern Ireland Executive; and member state representatives.

    The Committee undertook a stocktake of specialised Committee activity since the last meeting on 28 September. The Committee also updated on implementation of the withdrawal agreement, with particular focus on the Northern Ireland protocol and citizens’ rights.

    The UK reiterated their commitment to upholding obligations under the withdrawal agreement and protecting the Belfast (Good Friday) agreement in all respects. The UK further emphasised commitment to EU citizens in the UK and UK nationals in the EU, ensuring they have their rights under the withdrawal agreement protected.

    The Committee adopted the citizens’ rights joint report on residency and agreed to its publication.

    The UK reiterated its commitment to implementing the protocol in full so the people of Northern Ireland can be given the fundamental legal assurances they need, and will not face the damaging prospect of the unmitigated defaults of the protocol under any circumstances.

    The Committee considered the remaining WAJC tasks during the rest of the transition period.

    The UK took the opportunity provided by this meeting to underline its commitment to continued constructive engagement with the EU through Joint Committee processes.

  • Rachel Reeves – 2020 Comments on Legal Action Taken by European Commission

    Rachel Reeves – 2020 Comments on Legal Action Taken by European Commission

    The comments made by Rachel Reeves, the Shadow Chancellor of the Duchy of Lancaster, on 1 October 2020.

    There is clearly a deal to be done. Both sides need to drop the posturing and the threats by getting back round the negotiating table and getting a trade deal done. The country wants the Government to move on from past divisions, secure the trade agreement we need and focus on defeating this pandemic.

  • Rachel Reeves – 2020 Speech on the End of the Transition Period

    Rachel Reeves – 2020 Speech on the End of the Transition Period

    The speech made by Rachel Reeves, the Labour MP for Leeds West, in the House of Commons on 23 September 2020.

    I thank the right hon. Gentleman for advance sight of his statement.

    The news today that there could soon be tailbacks of 7,000 lorries in Kent is quite extraordinary. I know that the Government have said that they are committed to building new infrastructure, but I did not realise it meant concreting over the garden of England. Today’s warnings are based on a reasonable worst-case scenario, but given that we have a reasonable worst-case Government, we have to assume that these scenarios could play out quite soon.

    In their letter to the road haulage industry, the Government say that business should get ready, but what about the Government? There is a long list of promises for the future in the letter: the UK Government will be contacting haulage companies; they will be running targeted advertising; they will be publishing an updated haulier handbook; and they will launch advice stands at UK service stations. Why are these essential prerequisites for a smooth transition not already here? It is all well and good to tell businesses to act now, but without the systems in place, frankly, it is like telling me to bake a cake but forgetting to turn the oven on.

    Sectors from farming to haulage and car manufacturing are crying out for the Government to get this right. These sectors are the backbone of British industry, and they are vital to our everyday economy. If we do not listen to these experts, we will lose exports. I met the Road Haulage Association last week. It is tearing its hair out. It has since met Ministers and described that meeting as “a washout”. Frankly, this is not good enough.

    In the summer, I visited the proposed lorry park in Ashford, Kent, where construction had just begun. It was with some dismay that I later read that workmen had encountered a Saxon brick wall in their excavations. ​I hope this is not a metaphor, but can the Minister assure the House that progress there is on track? Another site apparently earmarked is in Ebbsfleet. It is currently a covid testing centre. With the test, trace and isolate system on its knees, this would be farcical if it were not so serious. Is it really too much to ask for a little bit of joined-up government from Ministers?

    On 4 September, the Government granted themselves the power to build additional lorry parks in 29 local authority areas without consulting residents. Can the Minister tell us exactly where those facilities will be? That is the least that local people deserve. Will he also tell the House how many customs agents and intermediaries are trained and in place? This is so important for the system to work.

    In the summer, the Government admitted that there would be £7 billion-worth of additional bureaucracy for UK businesses. It is the last thing they need right now, so is that still the most accurate assessment of the costs for businesses?

    It has been estimated that 10 new IT systems will be needed to make our new trading relationship with the European Union work. Can the Minister list those IT systems and guarantee that they will be in place and fully operational on 1 January? Given that we were promised a contact tracing app, first in May, then in June and then in July, and it is now September, what assurance can he give that this time the Government will deliver that vital technology and that it will be working and delivered on time? Frankly, the Government’s track record does not inspire confidence.

    We have just 100 days until the end of the transition period. Labour’s message to both sides in this negotiation is clear: stop the posturing, and start negotiating. It is in our national interest—it is in all our interests—that the Government get a deal, and get it soon, so that businesses have time to prepare. The Conservatives have had three Prime Ministers and four years since the referendum in 2016. We have seen serial incompetence and countless U-turns. I say to Ministers: get a grip on preparations, and get a grip now. The transition period comes to an end on 31 December. Will the Minister guarantee, not just to this House but to the whole country, that we will be ready?

  • Michael Gove – 2020 Statement on the End of the Transition Period

    Michael Gove – 2020 Statement on the End of the Transition Period

    The statement made by Michael Gove, the Minister for the Cabinet Office, in the House of Commons on 23 September 2020.

    With permission, I would like to make a statement on preparations for the end of the transition period.

    There are now just 100 days to go until the United Kingdom leaves the single market and the customs union, and that will be a moment of great opportunity, but also of significant change and challenge. It is vital that we all take the steps required to grasp those opportunities, and to meet and master those challenges. The Government are of course committed to negotiating a new free trade agreement with the EU before the end of the transition period, and those talks are progressing; but whatever the outcome of those negotiations, things will change for businesses and individuals as they trade with and travel to the EU. It is important that we, as parliamentarians, all understand that, and that we all take action to prepare.

    Whether we secure a good FTA before January or not, whether we get a Canada-style deal or exit on Australian terms, we will have left the single market and the customs union, and that fact means adjustments for businesses trading with the EU; changes for citizens travelling to the EU; and, of course, new responsibilities for Government in both scenarios.

    The superb civil servants at Her Majesty’s Revenue and Customs and their colleagues across Government are working with business to ensure that exporters and importers are ready for new rules. Every business trading with Europe will need to thoroughly familiarise itself with new customs procedures and, whether they develop their capacity in-house or work with a customs intermediary, enhanced preparation is vital. The Government have invested in increasing customs agent capacity and supported growth in the sector, and of course we stand ready to do more. HMRC is also able to support businesses to secure authorised economic operator, consignor and consignee status, which will ease the flow of goods.

    Businesses that are fully ready for life outside the customs union will also be better prepared for the growing number of export opportunities outside Europe, as the UK establishes new trade relationships with partners across the globe following the highly successful conclusion of our new trade deal with Japan. Because preparing for customs procedures will be required with or without a free trade agreement, these adjustments cannot be left until the last minute. More and more businesses are becoming fully prepared, but there are still many that have not quite taken the steps they need to take. Our survey evidence indicates that while 78% of businesses have taken steps, just 24% believed that they are fully ready. Indeed, 43% of businesses believe that the transition period will be extended, even though the deadline for any extension is now long past and the date on which we leave the single market and the customs union is fixed in law and supported across the House.

    The Government are taking action to prepare for that date, with the XO Committee—the EU Exit Operations Committee, the Cabinet Committee charged with preparations for the end of the transition period—now meeting almost daily and taking decisions on trader and haulier readiness, border infrastructure and fisheries ​protection. The Committee has met 136 times since it was established, and it will continue to meet to ensure that we have taken all the steps required to prepare, but we also need businesses to prepare. The consequences of a lack of business preparedness will be not just missed economic opportunities for those companies that do not prepare but potentially much wider disruption.

    That is why today we are publishing our reasonable worst case scenario planning assumptions, indicating what could happen if we do not all secure improved preparedness. I should stress that this is not a prediction or a forecast; it is just a prudent exercise in setting out what could, in the worst circumstances, occur if we do not improve preparedness and, of course, if our neighbours decline to be pragmatic. The scenario builds on an estimate that only 50% to 70% of large businesses and just 20% to 40% of small and medium-sized enterprises will be ready for the strict application of new EU requirements. In those circumstances, that could mean that only between 30% and 60% of laden heavy goods vehicles would arrive at the border with the necessary formalities completed for the goods on board. They would therefore be turned back by the French border authorities, clogging the Dover to Calais crossing. In that scenario, flows across the critical short-strait crossings could be reduced by up to 60% to 80%, compared with the normal rate, and such circumstances could lead to queues of up to 7,000 HGVs in Kent. Those queues and the associated disruption and delay would of course subside, as unready businesses that had had their goods turned back at the French border would not want to repeat the experience, but it is clearly far better for everyone to be aware now of what is needed to prepare, rather than face additional disruption next year. This is why we are publishing our reasonable worst-case scenario today: not just because any prudent Government will always prepare contingency plans for the worst, but to illustrate the costs of a lack of preparedness while there is still plenty of time to prepare.

    The Government are committed to doing whatever it takes to help business, and we have brought in a comprehensive series of measures to help businesses and individuals to adapt to the changes ahead. We are helping businesses that import by introducing new border controls on imports in stages, and full controls will be imposed only from July of next year. We have produced a comprehensive border operating model, which provides a simplified guide, complemented by the work of gov.uk for business, and we will be publishing an updated version with more granular detail in the coming weeks. We have invested £705 million in new technology, infrastructure and jobs at the border, and we are ensuring extra personnel: Border Force has recruited more than 1,000 additional staff, with hundreds more being recruited now. We have also made available over £80 million in grants for organisations to recruit and train new customs agents to support an expanded customs intermediary sector.

    A new network of information and advice sites will help to ensure that hauliers are up to speed with their new requirements and the correct paperwork. They will be able to check that their documentation is export-ready using the new Smart Freight web portal. We have complemented all this activity with a public information campaign to help businesses to prepare. The campaign communicates the actions that all businesses need to ​take before the end of the transition period, and there is a user-friendly checker tool on the gov.uk/transition page, which details exactly what businesses need to do.

    The Government are taking all these steps to help businesses to prepare, because change requires preparation. But change is what the British people voted for because, outside the single market and the customs union, the UK can exercise all the freedoms and flexibilities of a truly sovereign state. Outside the common agricultural policy, we can support our farmers better and enhance our natural environment. Outside the common fisheries policy, we can revive our coastal communities and improve our marine environment.

    We can strike new trade deals, which help developing nations to grow faster and lower prices for consumers. We can develop tailored policies to better support new technologies and level up our economy. We can invest the money that we currently send to Brussels in the NHS, in our science base and in improving productivity in all the nations of the United Kingdom. We can develop freeports, which bring investment to overlooked communities. We can regulate more smartly, legislate more accountably and strengthen our democracy.

    These are great prizes, and the British people voted in the 2016 referendum and the 2019 general election to make sure they were delivered. This Government are committed to honouring those democratic choices, and I commend this statement to the House.

     

  • Jeremy Wright – 2020 Speech on the United Kingdom Internal Market Bill

    Jeremy Wright – 2020 Speech on the United Kingdom Internal Market Bill

    The speech made by Jeremy Wright, the Conservative MP for Kenilworth and Southam, in the House of Commons on 14 September 2020.

    The majority of the Bill is sensible and necessary for an effective United Kingdom single market when we are no longer subject to EU rules. My issue, as for others, is clauses 42, 43 and 45, which take what was agreed less than a year ago about the primacy of the withdrawal agreement over domestic law and reverse it. They are not a clarification but a contradiction of that agreement, and the Government are very clear about this: doing that would be breaking international law.

    I agree that it is possible to break international law without automatically breaking domestic law. It is also true that Parliament is sovereign, and it can choose to break international law if it wants to, but the fact that an international law breach is not a domestic law breach and is not unconstitutional does not make it a good idea. The blatant and unilateral breach of a treaty commitment could be justified only in the most extreme and persuasive circumstances. The Government say that such circumstances are those in which no ongoing trade arrangement is made with the EU and where the Joint Committee established under the withdrawal agreement to resolve problems of interpretation is unable to do so, leaving the UK in an impossible position.

    Sir John Hayes (South Holland and The Deepings) (Con)

    That is the nub of the argument, is it not? These are exceptional circumstances. We are about to negotiate by far the most important agreement that this country has reached for the last 40 years. In those highly dynamic circumstances it is right that this Parliament should give the Government sufficient flexibility to get the best possible deal for Britain. That is what this is about, and that is why we should support the Bill.

    Jeremy Wright

    If my right hon. Friend will allow me, I will address exactly that point and what the Government could be doing instead of what they are proposing to do. Let me say first that the possibility of reaching no trade agreement and of deadlock in the Joint Committee was foreseeable yet when the withdrawal agreement was signed, and again when it was legislated for, the Government did not say that the risk of the outcomes they rely upon now undermined the deal on offer; they said then and they say now that this was a good deal. So what has changed?​

    That leads to the argument to which my right hon. Friend refers: that, unexpectedly, the European Union is now adopting an interpretation of the Northern Ireland protocol so outrageous and so far from a rational reading of that protocol that we could not have seen it coming and we could not possibly accept it, leaving no option but to abrogate ourselves the relevant parts of the protocol. But the withdrawal agreement sets out a mechanism for resolving disputes about interpretation, involving binding independent arbitration and penalties including the suspension of obligations under the agreement. If the EU’s new approach is so far from what the agreement intended, why would the Government not succeed in using that mechanism?

    Sir Bernard Jenkin

    The answer is that any question in European law, under article 174 of the withdrawal agreement, has to be referred to the European Court of Justice, and the Court is acting not on behalf of the 28 as before, but on behalf of the 27. We know it is a political court.

    Jeremy Wright

    My right hon. Friend might be right to be sceptical about the Court of Justice of the European Union, but the issue likely to arise here is not a question of European Union law; it is a question whether there is compliance with the withdrawal agreement signed by both sides. That does not necessarily raise a question of European law; nor, in my view, is it likely to. It raises a question of treaty law and whether or not this is being abided by in good faith.

    I accept that the Government have a problem, but I cannot accept that the proposed solution is either necessary or right. International law matters. The rules that bind nations underpin what the United Kingdom says on the world stage on a variety of subjects, from the Skripal poisonings to the treatment of the Uyghur people to the detention of Nazanin Zaghari-Ratcliffe. We speak often, and rightly so, of the rules-based international order as the foundation of freedom and justice in the world and of our security. The rules referred to are, of course, rules of international law. If we break them ourselves, we weaken our authority to make the arguments that the world’s most vulnerable need us to make. Nor is it in our long-term diplomatic or commercial interests to erode the reputation we have earned for the strength of our word and our respect for the rule of law—a reputation that, ironically, we will rely on more than ever when the Brexit process is complete.

    I do not believe that my right hon. Friend the Prime Minister or his Ministers wish to undermine that reputation, but I do believe that if Parliament were to give Ministers the powers they are asking for, and if they were to be exercised, we would all come to regret it. That is why I cannot vote for the clauses as they stand, or for a Bill that contains them.

  • Lilian Greenwood – 2020 Speech on the United Kingdom Internal Market Bill

    Lilian Greenwood – 2020 Speech on the United Kingdom Internal Market Bill

    The speech made by Lilian Greenwood, the Labour MP for Nottingham South, in the House of Commons on 14 September 2020.

    If any of my constituents are watching this afternoon, I think they will be wondering what on earth is going on. “Why,” they will ask, “are MPs banging on about Brexit again? Isn’t that what the general election last December was meant to end? Didn’t we leave the EU in January? Wasn’t there meant to be an oven-ready deal?” They will ask, “Is this really what you should be focused on today?”

    Right now, some of those constituents will be sitting at home feeling ill, anxious that they might have coronavirus but unable to get a test. Or they will be trying to work from home while looking after their son or daughter, who cannot go to school because they have a cold—or maybe it is coronavirus, but they do not now because they cannot get a test. Or perhaps they are on furlough because the business they work for has not yet fully reopened, or has not got everyone back yet, and they are anxious about whether they will have a job when the coronavirus job retention scheme ends next month.

    People who work for one of our east midlands manufacturing businesses will be especially worried about the Prime Minister’s bluff and bluster earlier today; they, more than anybody else, require us to secure a deal, because their jobs depend on it. All those people will be asking why we are arguing about Brexit again when the top priority should be tackling the pandemic that threatens lives and tackling the resulting economic crisis that threatens their livelihoods.

    Agreeing a trade deal with the EU is vital, but the Government need to get on with it rather than making it more difficult with the sort of posturing that we have heard today. The protocol contains a mechanism for dealing with disputes. The Chancellor of the Duchy of Lancaster himself said that

    “the effective working of the protocol is a matter for the Joint Committee to resolve.”

    Surely they need to get back round the negotiating table, stop posturing and reach an agreement on how the protocol should operate.

    Tom Hunt (Ipswich) (Con)

    I am sorry that it is really politically inconvenient for Brexit to come back to this Chamber because it reminds people that it was the Labour party that turned its back on the verdict of the British people three or four years ago, but surely it is not surprising: when the transition period is about to come to an end, these debates will come back to the House. Does the hon. Lady not agree with me that it is good that we finally have a Prime Minister who is fighting for British interests?

    ​Lilian Greenwood

    I think my constituents will expect a little bit better than that. They will expect the Government to get on with the job that they promised to do. The Government said they were going to deliver a Brexit deal, they said they had it ready, and my constituents do not expect them now to say that they made a mistake—that somehow it was not what they expected.

    Matt Rodda (Reading East) (Lab)

    At the heart of it, is not the issue that this whole thing comes across as a giant piece of bluff and bluster by a failing Prime Minister? As my hon. Friend rightly hints at, this is a means to distract the public from other immediate pressures. To make matters worse, it damages our reputation in the eyes of the world at a time, as Members have correctly pointed out, when we need to seek a trade agreement not only with the EU but with a number of other countries.

    Lilian Greenwood

    My hon. Friend makes an important point. The timing is very interesting. We are at a point when many people are looking at the Government and are extremely worried about their incompetence and the way they are dealing with the current health crisis. With today’s debate and the Prime Minister’s position, well, people will wonder what is going on.

    People will be baffled because every time they have listened to the news, watched politics on TV or opened a paper in recent days, they will have seen a senior Conservative MP, or a former Tory Attorney General, Prime Minister or Chancellor of the Exchequer, expressing grave concerns about the content of this Bill. Those concerns are not just from those who might be called “the usual suspects”—those who were remainers—because this is not about whether we leave the European Union. We have left. That argument is over. Their concern is that the Bill deliberately breaks international law, will prevent us from completing a deal with the EU in the very short time available to do so, and will have much wider ramifications for the future of our country. They are risking the UK’s reputation across the globe.

    Many hon. Members have already asked how other countries, with whom we want and need to make trade deals, will trust a Prime Minister who, just a few short months after he negotiated and signed an agreement, now says that he intends to break its terms. We do not have to guess what they will think; we can see for ourselves the reaction from our friends and allies, including, as has already been said, from the Speaker of the US House of Representatives. If the Prime Minister really considers that this deal contains serious problems that could break up our country, why did he sign it? Why did he claim it was a great success? Had he not read it, or did he not understand it?

    Of course, the dangers of the Bill are not just about the UK’s ability to negotiate trade deals; they are about the UK’s reputation and its moral authority. How can our Government seek to uphold the rule of law if we break it ourselves? How can we hold other nations to account on their treaty obligations on international standards when we disregard our own?

    Alexander Stafford

    Will the hon. Member give way?

    Lilian Greenwood

    I will not, because we are very short of time. Speaking to the House earlier, the Prime Minister claimed that the provisions of the Bill will be ​used only as a last resort, and sought to play down the problems that it poses but, as the House of Commons Library briefing states,

    “the existence of the power to override a number of the UK’s international obligations may itself constitute a violation of international law.”

    The very fact that it has been tabled is already undermining the reputation of this country, and damaging our relationships with those we need to reach deals with.

    There are other concerns about this Bill: that it runs contrary to the devolution settlement; that it will enable a race to the bottom on standards; and that it undermines the rights of the devolved nations to set their own spending priorities. The Government should ensure free trade access across the UK. We need a strong internal market, but this Bill is not the way to do it. Unless it is amended, I cannot, and this Parliament should not, support it.

  • Bernard Jenkin – 2020 Speech on the United Kingdom Internal Market Bill

    Bernard Jenkin – 2020 Speech on the United Kingdom Internal Market Bill

    The speech made by Bernard Jenkin, the Conservative MP for Harwich and North Essex, in the House of Commons on 14 September 2020.

    Rarely can a few words uttered from the Government Dispatch Box have overshadowed a debate like this to such an extent or indeed caused so much instant fury and indignation, but I do not think the House should be in any doubt that the author of those words will have been delighted by the reaction they caused, and that the real purpose and significance of those words will probably prove to be much less than that. The law of this land and international law are both of great importance. I will leave that to the lawyers. The underlying question for the House to address is about where this nation now finds itself.

    I support the Bill, because it will be necessary to address at least the worst aspects of the withdrawal agreement and protocol. We cannot be bound by it indefinitely or continue to accept laws imposed on our country by the EU court. At least there was a means of leaving the EU, but there is no obvious means of leaving this withdrawal agreement.

    Much has been said about the potential to lose the respect of the international community, but what will other nations think if this great and sovereign nation cannot bring itself to accept that we made a mistake ratifying this agreement? [Interruption.] Some of us warned about it at the time. But the key points are these: the UK will gain respect if we extricate ourselves from the worst aspects of this agreement, which have the capacity to impose laws on our country with even less democratic legitimacy than under our previous membership of the EU.

    ​Alan Brown

    Is that now the measure of how we are going to go forward with international treaties: when countries change their minds, they say, “Oops, I made a mistake. We’ll forget about it.”?

    Sir Bernard Jenkin

    I do not think it is a matter to be done casually and without very great care, but, as many right hon. and hon. Members, even those objecting to this Bill, are now saying, if the worst comes to the worst, we may have to avail ourselves of these powers, because it is the obligation of this House, first and foremost, to stick up for our national interests.

    The EU says it will act against the UK through the European Court, but there is something absurd about the EU attempting to impose its laws on a member state after it has left the bloc—when did the voters endorse that? There is something ironic, even bizarre, about MPs in this Parliament demanding that the EU should continue to impose its laws instead of themselves wanting to make the laws for their constituents—they still do not accept Brexit. One wonders whether the Government recognise better than many here how most voters will react to this. Most of those shouting the loudest now showed how little they understood the voters in the 2016 referendum. Voters will support a Government who are determined to resist the unreasonable enforcement of the withdrawal agreement by the EU. Today, the Government have a strong mandate and a secure Commons majority for taking back control of our laws—voters will expect no less than that and they will give little quarter to this Parliament if they are let down again.

    We are in a process of constitutional transition, from being subordinated by the EU legal order towards the restoration of full independence. While we are in this penumbra period of mixed constitutional supremacies, it is unsurprising that this kind of controversy should arise. Our other allies and trading partners will have far more respect for the UK if we stand up for our interests in this way than they will if they watch us accepting that we are to remain indefinitely a non-member subsidiary of the EU. The Government must ensure that there will be a clear end to the jurisdiction of the EU Court; that is the test of whether we are taking back control of our own laws, and our democracy demands it.

  • Rachel Reeves – 2020 Comments on Brexit Transition

    Rachel Reeves – 2020 Comments on Brexit Transition

    The comments made by Rachel Reeves, the Shadow Chancellor of the Duchy of Lancaster, on 16 September 2020.

    Labour has been urging the government for months to take its fingers out of its ears and listen to businesses and people who keep much of our economy moving. Deal or no deal, this kind of planning has always been vital – and this Tory government had more than four years to get ready for it.

    Failure to be ready in advance will only add to the stress for workers and businesses who will pay the price, and who deserve so much better than this incompetence.

  • Angela Eagle – 2020 Speech on the United Kingdom Internal Market Bill

    Angela Eagle – 2020 Speech on the United Kingdom Internal Market Bill

    The speech made by Angela Eagle, the Labour MP for Wallasey, in the House of Commons on 14 September 2020.

    I never thought I would ever see a piece of legislation this objectionable put before the House. It is a gigantic act of self-harm masquerading as a negotiating strategy in the EU-UK trade talks, as the flounder and the end of the transition period looms. It unilaterally repudiates the devyolution settlements and centralises power to the UK Government.

    As currently drafted, this Bill will give Ministers the powers to disapply or unilaterally reinterpret parts of the Northern Ireland protocol and ignore their legal obligations in both domestic and international law to enact the protocol as it was negotiated. It asserts that these powers will be legally effective even though they break international law, thereby unilaterally repudiating the foundations of the withdrawal agreement, which was only enacted by the House earlier this year. The Bill orders the domestic courts to prioritise this new law over any existing international law we have signed up to and it attempts to preclude any prospect of judicial review.

    It has already been admitted on the Floor of the House by a Cabinet Minister that the Bill breaks international law in a very “specific and limited way”. The reality is that this is a shocking repudiation of everything the UK holds dear. It threatens to destroy our hard-won reputation as an upholder of international law and as a country that can be trusted to keep its word. Once lost, that reputation will not be easy to regain. This is not only morally wrong—it is self-defeating and undermines the prospect of reaching a deal at all. It is a sign of just how dangerous the Government’s actions now are that all five living ex-Prime Ministers, both Labour and Conservative, have made public their opposition to this reckless course of action, as have the Brexiteer ex-leaders of the Conservative party, Lords Hague and Howard.

    This morning, the Prime Minister’s first Lord Chancellor called the Bill “unconscionable” and revealed that he will not vote for it. Many legal experts argue that both the current Lord Chancellor and the Attorney General are in breach of their oaths of office and should resign. Last week, the head of the Government legal service ​did resign over the Bill because it breaks international law. Given that we have an unwritten constitution which relies on ministerial restraint and responsibility, the Bill is even more dangerous than it first appears. It unilaterally tears up treaty obligations made just months ago and makes it less likely that any of our future undertakings will be believed or trusted, just as we must renegotiate all our existing trading agreements with the rest of the world.

    What are we to make of a Prime Minister who presides over this moral vacuum and this reckless gamble with our international reputation; the man who resigned over his predecessor’s deal, which had no Irish border, pronouncing it a betrayal and using it as his path to power in the Conservative party; the man who, nine short months ago, negotiated and signed the withdrawal agreement, declaring it “fantastic”, and expelled from the Conservative party and Parliament all his own MPs who did not back it; the man who went to the country with this “oven-ready” Brexit deal and won a huge majority; the man who now believes it was rushed and flawed, and must be unilaterally written by him and him alone, the world king acting like a two-year-old having a tantrum because he did not get all he wanted; a Prime Minister who is completely careless of the consequences of his own actions; and the leader of a Government who think they can do what they want, purge who they want and act how they want, a Government who think there is one law for them and another for everyone else, repudiating treaties they have just signed and ignoring the lockdown rules they impose on everyone else?

    This will not end well. The Government must step back from the brink, withdraw the lawbreaking clauses in the Bill, and think again.