European Union (Withdrawal) Bill — House of Commons, 2017-12-04
Topic: International Affairs
Christopher James Skidmore (Conservative, Centre-right): As I set out clearly at the beginning of my speech, when current EU law—which it is the UK’s position not to breach—is transferred to become retained EU law, we need to look at the areas where we need to create common frameworks. That is the position that the hon. Gentleman’s own Brexit Minister, Mike Russell, has taken. Mike Russell signed the communiqué and agreed to look at these common approaches and to look at retained EU law being transferred across The hon. Gentleman should speak to members of the Scottish Government, because they seem to understand the need to work with the UK Government to come up with common frameworks. He seems to be unaware of the process of engagement that is taking place outside the House. His constituents will not thank him for bringing up constitutional points and not acknowledging that, in looking at the common frameworks procedure and at EU law, we need to ensure that, when it comes to exit day, there is certainty, control and stability in respect of our statute book. We need to ensure that clause 11 provides for that Should our detailed discussions conclude that UK-wide or parallel legislation is necessary, both Houses of Parliament will of course have an important role to play in scrutinising the detailed proposals. Where policy areas are released from the temporary arrangements provided for in clause 11, the Order in Council process provides a mechanism to do precisely that to ensure that these decisions are subject to careful scrutiny by both Houses of Parliament and the relevant devolved legislatures Secondly, the new clause would permit the establishment of frameworks only where the criteria set out in it are met. That is also unnecessary. Although I agree with the criteria, which, as the hon. Member for Darlington (Jenny Chapman) pointed out, have been lifted by and large from the broader principles that underpin the creation of frameworks, they form only one part of the picture. The broader principles were agreed by the UK, Scottish and Welsh Governments at the meeting of the JMC (EN) on 16 October and were published in the communiqué that I have put on the record. To ensure that the interests of Northern Ireland were heard, a senior official from the Northern Ireland civil service was in attendance Those broader principles recognise, among other things, the importance of a wider range of issues, including "the economic and social linkages between Northern Ireland and Ireland" Not only do we have an established set of detailed principles; we have put those principles into practice through a process of ongoing engagement and analysis with the devolved Administrations on where common frameworks are or are not needed. It therefore follows that the more limited set of criteria in the new clause is unnecessary. Finally, the new clause would permit the creation of frameworks only if they were subject to consultation agreements with the affected devolved Administrations. Once again, that is unnecessary. As the agreed principles published in the communiqué make clear: "It will be the aim of all parties to agree where there is a need for common frameworks and the content of them." The Government are committed to intensive discussions on the areas where common frameworks will and will not be required with the devolved Administrations, and those are happening right now. I therefore urge the hon. Member for Darlington to withdraw the new clause New clause 65 seeks to enshrine the Joint Ministerial Committee in legislation. The Joint Ministerial Committee is a forum for the UK Government and the devolved Administrations of Scotland, Wales and Northern Ireland to discuss matters of joint interest and is underpinned by a memorandum of understanding between the four Administrations. Specifically, it provides for a focus of intergovernmental relations and allows attending Ministers to present the positions of their own Administration in a multilateral setting. There is no need to enshrine the JMC provisions in legislation as set out in new clause 65. Indeed, doing so would place limitations on the ability of the members to adapt to what is a rapidly changing political landscape The current basis for the JMC has been agreed by all four Administrations and allows for wide-ranging discussions, including on topical issues such as EU exit. The JMC, as set out by the written agreements, must remain adaptable enough to address those four Governments’ interests. If this clause were to be added to the statute book, it could severely hamper the JMC’s ability to do so The scope of the committee and its supporting sub-committees is not solely to discuss the domestic impact of EU exit and negotiations with the EU. The JMC plenary, which is chaired by the Prime Minister, should also continue to discuss matters agreed by the Administrations as set out by the terms of reference under subsection (1) (a). As drafted, new clause 65 would significantly limit the scope of the Joint Ministerial Committee. The provisions under subsection (1) are already being demonstrated through the JMC on EU negotiations sub-committee. My right hon. Friend the First Secretary of State chaired the most recent JMC (EN) meeting on 16 October and will chair a further meeting on 12 December to build on those discussions that have taken place so far There are also other sub-committees that are equally important for the integrity of intergovernmental relations. The provisions under subsection (5) stipulate that either my right hon. Friend the Prime Minister or my right hon. Friend the Secretary of State for Exiting the European Union must chair all further meetings of the Joint Ministerial Committee until a withdrawal agreement is concluded. That would ignore the role of my right hon. Friend the First Secretary of State who chairs what I am sure will be recognised as an important sub-committee on EU negotiations as well as other sub-committees of the JMC that already exist, such as the sub-committee on Europe. Such provisions will remove the flexibility afforded to the Joint Ministerial Committee to adapt and evolve The existing written agreements coupled with the ongoing multilateral and bilateral engagement between Ministers and officials make this new clause redundant. The versatility of the committee is achieved through consensus of the participating Administrations and therefore we urge the Opposition not to press their amendment.