argyrotsipi/train-dataset huggingface dataset:
European Union (Withdrawal) Bill — House of Commons, 2017-09-07
Topic: International Affairs
David Michael Davis (Conservative, Centre-right): In a moment To do that, the first step the Bill takes is to preserve all the domestic law we have made to implement our EU obligations. That mainly means preserving thousands of statutory instruments that have been made under the European Communities Act, with subjects ranging from aeroplane noise to zoo licensing. It also extends to preserving any other domestic law that fulfils our European Union obligations or otherwise relates to the European Union Equally, the Bill converts European Union law—principally EU regulations, all 12,000 of them—into domestic law on exit day. It also ensures that rights in the EU treaties that are directly effective—that is, rights that are sufficiently clear, precise and unconditional that they can be relied on in court by an individual—continue to be available in UK law I have no doubt that there is much about EU law that could be improved, and I know that this Parliament will, over time, look to improve it. [Interruption.] Including the hon. Member for Caerphilly (Wayne David), who laughed just then. But that is not the purpose of this Bill. It simply brings European Union law into UK law, ensuring that, wherever possible, the rules and laws are the same after exit as before Just as important as the text of EU law is the interpretation of that law.
European Union (Withdrawal) Bill — House of Commons, 2017-09-07
Topic: Law and Crime
David Michael Davis (Conservative, Centre-right): In a moment For that reason, the Bill ensures that any question as to the meaning of retained law is to be decided on in UK courts in accordance with the Court of Justice’s case law and retained general principles of European Union law as they stood on exit day. That approach maximises stability by ensuring that the meaning of the law does not change overnight and that only the Supreme Court, and the High Court of Justiciary in Scotland, will be able to depart from retained EU case law. They will do so on the same basis on which they depart from their own case law. Any other approach would either actively cause uncertainty or fossilise EU case law for ever.
European Union (Withdrawal) Bill — House of Commons, 2017-09-07
Topic: Law and Crime
David Michael Davis (Conservative, Centre-right): I will make this point and then give way. Future decisions of the Court of Justice will not bind our courts, but our courts will have discretion to have regard to such decisions if they consider it relevant and appropriate to do so, in just the same way that our courts might at the moment refer to cases in other common law jurisdictions such as Australia and Canada. I give way to the hon. Member for Cardiff South and Penarth (Stephen Doughty), who has been patient.
European Union (Withdrawal) Bill — House of Commons, 2017-09-07
Topic: International Affairs
David Michael Davis (Conservative, Centre-right): In essence, remember, the aim of the Bill is to translate European Union into UK law and to make sure that no problems arise, whether that means references to bodies that we are no longer subordinate to, whether it means that the language is different, or whether it applies to reciprocal rights. Much of this will be very straightforward and relatively simple. The point that the hon. Gentleman should look at is that the Bill seeks to make the type of secondary legislation, whether under affirmative or negative resolution, proportionate to that. If he wants to talk about the issue further, I am happy to talk to him. As I have said before, I am not going to reinvent the constitution at the Dispatch Box.
European Union (Withdrawal) Bill — House of Commons, 2017-09-07
Topic: International Affairs
David Michael Davis (Conservative, Centre-right): I am not going to presume ill intent from the start. I say to everybody in the House that the electorate will draw their own judgment as to whether people are addressing this in a sensible way to maintain the rights of British citizens and to maintain the continuity of British law in good time for our departure from the European Union—which is, after all, a fixed date—or whether they are simply using it as a cynical political exercise. That is not a decision for me to make; it is a decision for the electorate to make, and make it they will.
European Union (Withdrawal) Bill — House of Commons, 2017-09-07
Topic: International Affairs
Dominic Charles Roberts Grieve (Conservative, Centre-right): I understand my right hon. Friend’s point about the charter, because I agree with him that general principles and the charter should be identical—although that does raise the question of why, in those circumstances, the charter should go—but schedule 1 says quite clearly that after we have done this: "There is no right of action in domestic law on or after exit day based on a failure to comply with any of the general principles of EU law." He must agree that that means that the right of the individual to challenge on the basis of the principle of EU law—the law that will be imported into our law by the Bill—will no longer be possible. That is in our own courts—forget about the European Court of Justice. That seems to me a marked diminution in the rights of the individual and of corporate entities.
European Union (Withdrawal) Bill — House of Commons, 2017-09-07
Topic: International Affairs
David Michael Davis (Conservative, Centre-right): Not for a moment. I will make some progress and come back to the hon. and learned Lady The conversion of EU law into UK law is an essential measure to ensure that the UK leaves the EU in the smoothest way possible. However, that action alone is not enough to ensure that the statute book continues to function. Many laws will no longer make sense outside the EU. If we were only to convert EU law into UK law, our statute book would still be broken. Many laws would oblige UK individuals, firms or public authorities to continue to engage with the European Union in a way that would be both absurd and impossible for a country that is not within the European Union. Other laws would leave the European Union institutions as key public authorities in the UK—a role they would not be able to perform or fulfil. The problems that would arise without our making these changes would range from minor inconveniences to the disruption of vital services we all rely on every day. In practical terms, they would range from a public authority being required to submit reports on water quality to the European Union, to disruption being caused to the City by the removal of the supervision of the credit rating agencies entirely. It is essential that these issues are addressed before we leave the European Union, or we will be in breach of our duty as legislators to provide a functioning and clear set of laws for our citizens That is why the Bill provides a power to correct problems that arise in retained EU law as a result of our withdrawal from the European Union. This is clause 7, the so-called correcting power. Unlike section 2(2) of the European Communities Act—this goes straight to the point that the right hon. Member for Normanton, Pontefract and Castleford raised—which can be used to do almost anything to the statute book to implement EU law, the correcting power is a limited power. It can be used only to correct problems with the statute book arising directly from our withdrawal from the European Union. Ministers cannot use it simply to replace European Union laws that they do not like. It is designed to allow us to replicate as closely as possible existing European Union laws and regimes in a domestic context. It is also restricted. It cannot be used, for example, to create serious criminal offences, amend the Human Rights Act, or impose or increase taxation. We have ensured that it will expire two years after exit day so that nobody can suggest that it is a permanent attempt to transfer power to the Executive.
European Union (Withdrawal) Bill — House of Commons, 2017-09-07
Topic: International Affairs
David Michael Davis (Conservative, Centre-right): No I accept that proposing a delegated power of this breadth is unusual, but leaving the European Union presents us with a unique set of challenges that need a pragmatic solution. Using secondary legislation to tackle such challenges is not unusual. Secondary legislation is a process of long standing with clear and established roles for Parliament.
European Union (Withdrawal) Bill — House of Commons, 2017-09-07
Topic: International Affairs
David Michael Davis (Conservative, Centre-right): With respect, we have had one lengthy intervention, and I have to make some progress Our current estimate is that the UK Government will need to make between 800 and 1,000 statutory instruments to make exit a reality in UK law. That may seem, in some ways, like a large number—it is a little less than one year’s quota, as it were—and I understand that Members have concerns about scrutiny of that volume of legislation, but let me contrast that with the 12,000 European Union regulations and 8,000 domestic regulations—20,000 pieces of law—that have brought forward new policies while we have been members of the European Union This one-off task is very different from the flow of new law from the European Union in the last 40 years, and it is ultimately about ensuring that power returns to this House. The people who complain about using secondary legislation should remember that of those 20,000 pieces of law, 8,000 went through under secondary legislation and the remaining 12,000 went through without any involvement from this House at all, because they came as regulations. They changed the law rather than maintaining it.
European Union (Withdrawal) Bill — House of Commons, 2017-09-07
Topic: International Affairs
David Michael Davis (Conservative, Centre-right): No. All these changes must happen quickly to maintain stability as we leave the European Union. Many of the changes will be minor and technical, replacing, for example, references to European Union law or to other member states. It would not make sense, nor would it be possible, to make these numerous changes in primary legislation. Some of the changes will, by nature, be more substantial and demand more scrutiny. An example would be a proposal to transfer a function currently exercised by the Commission to a new domestic body that needs to be set up from scratch. We hope to minimise the need for such bodies, but where they are needed I readily accept that such changes require fuller parliamentary scrutiny. That is why the Bill sets clear criteria that will trigger the use of the affirmative procedure, ensuring a debate and vote on the statutory instrument in both Houses. Over the course of the two days we spend debating this Bill, I am sure that we will hear calls for the secondary legislation to receive greater scrutiny—
European Union (Withdrawal) Bill — House of Commons, 2017-09-07
Topic: International Affairs
David Michael Davis (Conservative, Centre-right): In a moment I am sure that we will hear calls for secondary legislation to receive greater scrutiny—the hon. Member for Rhondda (Chris Bryant) has already made such a request—along the lines of that given to primary legislation. I am clear that the way to make significant changes is through primary legislation. That is why the Queen’s Speech set out plans for several further Bills to follow this one, including Bills on immigration, trade and sanctions. Bringing in significant new policy changes is not the task at hand. With this power, we are making corrections to the statute book rather than bringing in new policies to take advantage of the opportunities offered by our withdrawal from the EU.
European Union (Withdrawal) Bill — House of Commons, 2017-09-07
Topic: Law and Crime
David Michael Davis (Conservative, Centre-right): I will give way in a second These corrections need to be made to ensure that we have a functioning statute book. As far as we can see, the power we have proposed is the only logical and feasible way to make those corrections. Our approach remains the only viable plan—we considered others—put forward in this House. Although we have heard complaints from the Opposition, we have not heard any alternatives from them.
European Union (Withdrawal) Bill — House of Commons, 2017-09-07
Topic: International Affairs
David Michael Davis (Conservative, Centre-right): The hon. Gentleman is quite right in one respect: that is clear Government policy. That is, in fact, the decision that was taken by the British people last year. They wanted to leave the European Union, which means leaving the single market and leaving the customs union. That point is clear. I know it is confusing for Labour Members, because their deputy leader appears to have a different view from the rest of the party Let me make some further progress after that rather silly intervention. The Bill also contains a limited power to implement the withdrawal agreement by statutory instrument if that proves necessary.
European Union (Withdrawal) Bill — House of Commons, 2017-09-07
Topic: International Affairs
David Michael Davis (Conservative, Centre-right): In a moment. The Government’s aspiration is to agree a new deep and special partnership with the European Union. Under the article 50 process, we are negotiating a withdrawal agreement with the European Union. Provisions of that agreement will need to be implemented in domestic law, and some of that will need to be done before exit day. Given the timetable set by article 50, it is prudent to take this power now so that we are ready, if necessary, to move quickly to implement aspects of an agreement in domestic law. That will be particularly important if the negotiations conclude late in the two-year period. This power will help to ensure that the UK Government and devolved Administrations can implement the outcome of the negotiations. The power is limited; it will be available only until exit day, at which point it will expire. It is aimed at making the legislative changes that absolutely need to be in place for day one of exit to enable an orderly withdrawal from the European Union.
European Union (Withdrawal) Bill — House of Commons, 2017-09-07
Topic: International Affairs
David Michael Davis (Conservative, Centre-right): Forgive me; I will make some progress. The exact use of the power will, of course, depend on the contents of the withdrawal agreement. For example, a power could, depending on what the withdrawal agreement says, be used to clarify the status of UK cases at the CJEU that started before exit but will not yet be concluded on exit day. It could also be used, for example, to enable regulatory approval for UK products that was pending at the point of exit. It will align with the proposals set out this summer in the UK’s position paper on continuity in the availability of goods in the EU and the UK. Those sorts of fairly technical but important issues need to be capable of being changed.
European Union (Withdrawal) Bill — House of Commons, 2017-09-07
Topic: International Affairs
David Michael Davis (Conservative, Centre-right): I will give way in one second to my right hon. Friend We have already committed to bringing forward a motion on the final agreement to be approved by both Houses of Parliament before it is concluded. That vote is in addition to Parliament’s scrutiny of any statutory instruments that we propose under these powers. It is also in addition to the enormous amount of debate and scrutiny that will be applied to the primary legislation, which will cover each and every major policy change relating to our exit from the European Union. Parliament will therefore be fully involved in taking forward a withdrawal agreement.
European Union (Withdrawal) Bill — House of Commons, 2017-09-07
Topic: Government Operations
Anna Mary Soubry (Conservative, Centre-right): I am very grateful to my right hon. Friend for giving way "One of the most offensive kinds of provision that appear in our domestic legislation is the Henry VIII clause, as we call it."—[Official Report, 16 July 2013; Vol. 566, c. 179WH.] Those are not my words, but the very wise ones of my hon. Friend the Member for Stone (Sir William Cash) in 2013. Long-standing, real concerns about statutory instruments have been expressed for many years by Members on the Government Benches To allay those concerns, will the Secretary of State look at what is called the triaging of the proposed statutory instruments? Many thousands of them will be completely uncontroversial and could be dealt with very quickly and efficiently, but those that really must be considered fully in this Chamber—in this place—could be so considered if we had triaging. Will my right hon. Friend please agree to look at that principle? It will solve many of the difficulties with the Bill across all these Benches.
European Union (Withdrawal) Bill — House of Commons, 2017-09-07
Topic: Government Operations
David Michael Davis (Conservative, Centre-right): I thank my right hon. Friend for her suggestion. There will not be many thousands of statutory instruments, but between 800 and 1,000. The estimate has come down from several thousand because we have taken out much of the most serious legislation to put into other primary legislation. I will happily talk to her about mechanisms for making sure this is a fully democratic and open process. I will talk to her about it, and let us come back to that.
European Union (Withdrawal) Bill — House of Commons, 2017-09-07
Topic: International Affairs
David Michael Davis (Conservative, Centre-right): I am just thinking through the logic of that. It seems to me to be logical, in truth. Will the right hon. Gentleman allow me a few moments to review the matter? It seems to me to be perfectly possible that I could give such an undertaking, but I will not just do it on the fly in case I have missed something. [Interruption.] No, no. He is right. Let me say to the House that he is right about one thing in that the two issues—the overall judgment on the outcome and any withdrawal arrangements—run together. The withdrawal arrangements are most likely to come up if it arrives late, and that is why I will have to think through the possible timetable. He will remember that when we talked about how the House will be able to review the negotiated agreement, we said we would use our best endeavours and that we intend and expect to get it to the House before anybody else. That is what we intend, and we had to use that form of words because we were not sure about the timing. However, I will talk to him and come back to him on that matter.
European Union (Withdrawal) Bill — House of Commons, 2017-09-07
Topic: International Affairs
David Michael Davis (Conservative, Centre-right): I want to move on to another subject, if I may, which is the subject of devolution. This relates directly to some of the things Opposition Members have been saying, so let me now deal with the Bill’s approach to devolution As I have set out, the overall approach of this Bill is to provide for continuity wherever possible at the point of exit, not to seek to initiate reforms immediately. That is the approach that guides the devolution provisions as well. Let me be clear: this Government have a strong track record on devolution. Our commitment to strengthening devolution settlements is clear from the statute book—most recently, the Wales Act 2017 and the Scotland Act 2016. If I remember correctly, the Scotland Act gave tax-raising powers of about £12 billion to the Scottish Parliament, which is not such a small thing. Leaving the European Union allows us to make sure that decision making sits closer to the people than ever before, and we expect a significant increase in the decision-making power of the devolved institutions The current devolution settlements have always created common frameworks within the United Kingdom by reflecting the context of the UK’s EU membership, so in areas subject to European Union law all parts of the United Kingdom currently follow common rules and principles, even where matters are otherwise devolved. For example, England, Wales, Scotland and Northern Ireland each pass their own laws relating to food policy, but each nation has to ensure it complies with European Union rules on food hygiene When we leave the European Union, it is not in the interests of people and businesses—those living and working across the UK—for all those arrangements to disappear, or for there to be new barriers to living and doing business in our own country. The Bill therefore provides certainty and continuity for people across the UK by recreating in UK law the common frameworks currently provided by EU law, and providing that the devolved institutions cannot generally modify them The Bill also ensures that every decision that the devolved Administrations and legislatures could take before exit day, they can still take after exit day. This is a transitional arrangement. It is an arrangement that ensures certainty and continuity while the United Kingdom undertakes negotiations with the European Union on its future relationship and the UK Government and devolved Administrations discuss precisely where we need to retain common frameworks in the UK in the future.
European Union (Withdrawal) Bill — House of Commons, 2017-09-07
Topic: International Affairs
David Michael Davis (Conservative, Centre-right): I have said already that we will put our overall negotiation through legislative consent motions; I have made that point previously. Let us come back to the core of the argument. The argument being put is that everything that belongs to the European Union now belongs to the devolved Administrations, but that clearly does not work, as I will come on to say in a minute The common frameworks will be important as they will enable us to manage shared resources such as the sea, rivers and the air, and they will enable the continued functioning of the UK’s internal market. They will allow us to strike ambitious trade deals, administer and provide access to justice in cases with a cross-border element and enter into new international treaties, including on our future relationship with the European Union.
European Union (Withdrawal) Bill — House of Commons, 2017-09-07
Topic: Agriculture
David Michael Davis (Conservative, Centre-right): I will not give way for the moment For example, the common frameworks will mean that a business in Wales knows that it needs to comply only with one set of rules on food labelling and safety to sell to the rest of the United Kingdom, or that a farmer in Scotland is able to sell her livestock in other parts of Great Britain, safe in the knowledge that the same animal health rules apply across that geographical area. Certainty on common approaches will be critical for the day-to-day life of people in the United Kingdom on the day we exit the European Union and on into the future.
European Union (Withdrawal) Bill — House of Commons, 2017-09-07
Topic: International Affairs
David Michael Davis (Conservative, Centre-right): I do not remember any such promise. When I was going through the list of practical things that apply to the citizens that SNP Members are supposed to represent, what did we hear? Wow! They do not care; what they are interested in is devolution and political power for themselves, not the interests of their own constituents Just as important are the areas where we do not need to keep common approaches in the future. We do not expect that we will need to maintain a framework in every single area the EU has mandated. We can ensure that our common approaches are better suited to the UK and our devolution settlements. The Bill therefore provides a mechanism to release policy areas where no frameworks are needed.
European Union (Withdrawal) Bill — House of Commons, 2017-09-07
Topic: International Affairs
Anna Mary Soubry (Conservative, Centre-right): Does the right hon. and learned Gentleman believe that under clause 9, what is being called "the divorce bill"—the amount of money that we may have to pay to the European Union when we leave—could be agreed by a Minister, or by the Government, without this place having any say in the amount that was paid?