Steve Barclay
MP for North East Cambridgeshire · Conservative · United Kingdom
“I speak to my brief exchange earlier with the Minister. As the previous speaker, the hon. Member for Harpenden and Berkhamsted, said, the draft regulations are fairly benign and very welcome to help people who are struggling with their bills.”
“The issue is not the lack of will; the issue is the alignment between procurement, regulation and clinical leadership, particularly in the colleges, as well as the ability to scale innovation—it is not about having more ministerial pilots.”
“Just to localise it to my own constituency, the Cambridgeshire and Peterborough ICB alone paid out £14 million in redundancies last year. It merged with a number of other ICBs to form the Central East ICB, yet we know hear from the Government that it should align with metro mayors, which means going back to exactly what it was before: the…”
“My right hon. Friend is absolutely right: the Government are spending millions of pounds and there is no plan. The measure was announced without working that out, it came as a surprise to many within the system, and it has had a chilling effect on many decisions. That is not isolated.”
“I rise to speak to clause 1 on the abolition of NHS England and clause 6 on promoting innovation. What characterises the first of those is an announcement without any clear plan. That is what has driven the cost and confusion that a number of Members across the House have spoken about.”
“All this is around 18 months on from the actual announcement. The confusion seems to extend to the Government themselves, because they seem unable to answer pretty straightforward written parliamentary questions. Given the time limit, I will give just a few examples.”
The complete record
Every one of 4,327 lines we hold for Steve Barclay, in date order, each linked to its source. Free to read, in full, without an account. Page 48 of 87.
“The implementation period ensures that common rules will remain in place until the end of this year, meaning that businesses will be able to trade on the same terms as now until a future relationship has been agreed. This provides certainty and stability for the duration of this time. During the implementation period, the effect of the European Communities Act 1972 will be saved and modified on a temporary basis to provide the necessary continuity. It will have a new purpose: to give effect to EU law as set out in the withdrawal agreement, to provide for the implementation period. As a result, businesses and citizens need prepare for only one set of changes as we move into our future relationship with the EU.”
“I begin by wishing you, Sir Roger, and all Members of the House a happy new year. The Bill implements the withdrawal agreement negotiated by the Prime Minister. It fulfils the will of the British people and will set the stage for our bright future outside the European Union. It lets us take back control of our laws, our money, our borders and our trade policy, and it delivers on the overwhelming mandate given to us by the British people to get Brexit done by the end of January. Sir Roger, as you have just informed the Committee, I am, under your guidance, speaking to this group. I will speak to clauses 1 to 6, clause 33 and new clauses 4 and 36, noting that new clause 19 and amendment 25 have not been selected. Clause 1 gives legal effect to the implementation period in domestic law.”
“This will secure our membership for the period. One of the costs for businesses—one of the greater costs—would result from two sets of changes, without the comfort of an implementation period. The business community itself—of which I know my right hon. Friend is a great champion—said that it wanted an implementation period while the negotiation on the trade deal was being conducted to avoid the higher cost of two sets of changes. The saving of the ECA will be repealed at the end of the implementation period, at which point the repurposed ECA will cease to have effect. Clause 1 is essential to achieving the terms agreed in the withdrawal agreement and ensuring the proper functioning of European Union law during the implementation period, and for that reason it must stand part of the Bill.”
“Those glosses make clear the way in which EU law terms and UK legislation should be read so that our laws continue to work during the implementation period. Let me give one example. All references to European Union citizens in the UK statute book will, as a general rule, be read as including UK nationals during the implementation period. These provisions will automatically be repealed at the end of the year when they are no longer needed.”
“First, we must preserve the legislation to avoid its being impliedly repealed following the repeal of the ECA. If we do not save it, there will be a risk that it will either fall away or be emptied of meaning, which could mean that citizens and businesses were no longer protected by, or indeed able to rely on, existing rules. The second essential purpose of the clause is to maintain the proper functions of the statute book for the duration of the implementation period. During that period, we will continue to apply this law, but we will not be part of the European Union. To ensure that that is reflected in the statute book, the Bill provides for time-limited glosses, or modifications, to new and existing EU-derived legislation.”
“I know that we have two days for the Committee stage, but it is very odd for someone who wants us to remain a member of the European Union to complain about the fact that we have an implementation period so that the business community does not face two sets of changes and so that we give businesses confidence for the rest of the year. Clause 2 saves EU-derived domestic legislation for the implementation period. The last one and a half decades have seen a substantial amount of EU legislation that has required domestic legislation, both primary and secondary. That domestic legislation constitutes a large body of law, and to ensure that the law continues to work properly during the implementation period, we need to take several important steps.”
“Under clause 1, the implementation period ensures the continuity of the law. That is why it is saved, but modified. Clause 2, and the others in the group, deal with the technical terminology. Where there is a change in meaning, it means continuity. I see that the hon. Gentleman is frowning. The substance of my reply is yes, in that the Bill ensures continuity. The purpose of terms such as “European Union citizen” will have ceased because we will have left, but, on the other hand, the implementation in EU law will continue, allowing those terms to continue to be applied and any tidying up—any technical changes—to be applied. So this is a technical glossing and that is its purpose.”
“The hon. Lady raises an important point. I do not want to stray too far into the second grouping in Committee, which is indeed on citizens’ rights and which the Security Minister will address, but what this Bill is doing is securing the rights of EU citizens within the UK and indeed the rights of UK citizens in the European Union, because we value the contribution that those EU citizens make to the UK. They have chosen to make their homes here and to bring up their families here, and their rights are protected. That is one of the reasons that I urge Members on both sides of the House to support this Bill.”
“That will ensure that there is no extension of the implementation period and will therefore ensure that there is no risk of a further one-year or two-year period during which the issue about which he was concerned in relation to those two other clauses could arise. So there are three protections, and not just the two that he mentioned.”
“My hon. Friend is absolutely right to signpost those two safeguards being put in place, in which he played a significant part, but I would say that there are three. I will come on to the third, if I may slightly push him by making that correction. He is right to say that the European Scrutiny Committee, under his chairmanship, will have the right to trigger debates and scrutiny. Secondly, he has championed the clause dealing with the sovereignty of Parliament, which is set out clearly in the Bill. The third element that I would draw to his attention, which is within this grouping, is our legislating for the Government’s manifesto commitment not to extend the implementation period.”
“I am pleased that my hon. Friend signals from a sedentary position that he is content with that. Ultimately, clause 1 will ensure that there is continuity in our laws during the implementation period and that our law continues to operate properly. It is therefore essential and must stand part of the Bill.”
“It is appropriate, prudent and sensible that the Government are prepared in this regard, which is why those five elements are in the Bill.”
“However, it is right that we, as a responsible Government, reserve the ability to nuance the impact of those technical changes should unforeseen issues arise during the implementation period. The power set out in clause 3 provides for that. The Bill gives five different applications for that power. Three relate to the glosses. The power can add to the glosses; it can make exceptions; and it can be used to make different provisions from the list, if for any reason we need to change a gloss in a specific case or set of cases. The power has two further applications: it can be used to tidy up the European Union (Withdrawal) Act 2018 and to cover any specific technical inoperabilities that may occur that have not been foreseen.”
“We will debate at length tomorrow the provisions relating specifically to Northern Ireland, but there is a further sovereignty within the Bill in respect of Northern Ireland. I do not want to stray too far into that debate now, but there is a consent mechanism that pertains specifically to the Northern Ireland protocol, so there is a further sovereignty lock in that regard. However, that is a matter for the groupings that we will address tomorrow. Turning to clause 3, we are confident that the list of so-called glosses set out in clause 2 works in all the cases that we have examined, and I pay tribute to the officials who have trawled the statute book in that regard.”
“The hon. and learned Lady is incorrect in saying that. First, this is an international agreement, which is a reserved matter—a matter for the United Kingdom. Secondly, these are glosses—technical issues—in terms of the tidying up that I set out, and they are tightly defined. Thirdly, the devolved elements are addressed by giving the devolved Assemblies the power, through clause 4, to do further glosses themselves.”
“and learned Lady characterises it; it is a technical provision for glosses for any issues that were unforeseen at the time of the Bill’s passage.”
“Again, with great respect to the hon. and learned Lady, she is over-reaching in the interpretation that she is applying to clause 3. It is a technical provision that allows for technical changes—glosses to terminology —such as the example that I gave the Committee a moment ago of how EU citizens may be defined. The clause is for technical changes in unforeseen areas, rather than fundamental changes of powers. Indeed, we have given an equivalent power through clause 4, in respect of the ability of the devolved authorities to do exactly the same thing or very similar. Clause 3 must stand part of the Bill to ensure that the statute book is maintained and that any unforeseen technical issues that arise in future are addressed. That is why clause 3 is required. It is not as the hon.”
“Therefore, the change in clause 4 provides the devolved authorities with corresponding powers to those set out under proposed new section 8A(1) of the European Union (Withdrawal) Act 2018, as outlined in clause 3, so far as they are exercised within the devolved authorities’ competences.”
“That is not something that I would urge the other place to address, because this is a provision to address unforeseen areas in which technical changes may be required in the tightly constrained areas set out in clause 3. The hon. and learned Lady turns to clause 4, which confers on the devolved authorities a broadly equivalent power to that set out in clause 3. Where legislating for the implementation period falls within devolved competences, it is right that legislative changes can be made by the devolved authorities, with which I am sure she would agree.”
“Page 5 of the Conservative manifesto says: “we will not extend the implementation period beyond December 2020”, and clause 33 says: “A Minister of the Crown may not agree in the Joint Committee to an extension of the implementation period.” It could not be clearer. This Government are determined to honour our promise to the British people and to get Brexit done. Both the EU and the UK committed to a deal by the end of 2020 in the political declaration. Now, with absolute clarity on the timetable to which we are working, the UK and the EU will be able to get on with it. In sum, clause 33 will ensure that we meet the timetable set out in the political declaration and deliver on our manifesto promise. For that reason, the clause must stand part of the Bill.”
“This ensures that a Norwegian citizen living in the UK can rely on their rights in a UK court in broadly the same way as a Swedish citizen. It does so in the same way as clause 5. We do not want a Norwegian, Liechtenstein, Icelandic or Swiss national to have any less certainty on their rights than an EU national here or, indeed, a UK citizen in Europe. Clause 6 also enshrines the legal certainty for businesses and individuals covered by the EEA EFTA agreement that article 4 of the withdrawal agreement provides. This clause, as presented, is vital to the UK’s implementation of the EEA EFTA and Swiss agreements, and it must stand part of the Bill. Clause 33 prohibits the UK from agreeing to an extension of the implementation period.”
“We will go into more detail on citizens’ rights when we discuss the second group of amendments, but clause 5 secures the legal effect to the protections that apply to citizens within the EEA EFTA states. One of the big questions on the Brexit discussions that we have heard repeatedly in this place has been, “To what extent will people’s rights be protected?” This Bill is doing that for EU nationals through clause 5, and clause 6 mirrors those protections in law for citizens of the EEA EFTA states. The hon. Lady touches on the arrangements for citizens’ rights, which are a separate issue, but this is about how legal protection will apply to those nationals. Clause 6 gives effect in domestic law to the EEA EFTA and Swiss separation agreements in a similar way to the withdrawal agreement.”
“I welcome the constructive way in which the hon. Gentleman raises his concerns about security while recognising the general election mandate and how it plays into this clause and its reflection of the manifesto. I draw the hon. Gentleman’s attention to two things. First, the withdrawal agreement commits both sides, including the European Union, to using their best endeavours to reach agreement. Secondly, the political declaration commits to a timescale of the end of 2020. That is why we are confident that this can be done to the timescale, and it is a reflection of the commitments given by both the UK and the EU in the withdrawal agreement and the political declaration.”
“I very much agree with my hon. Friend. Indeed, the Commission President will be meeting the Prime Minister tomorrow, and I will be meeting Michel Barnier, to act on that constructive spirit. Both sides have committed to the timescale. I am conscious that the House is now in a different place, but many Members will recall that it was often said it was impossible to reach an agreement before, indeed, the agreement was reached.”
“We will debate that in more detail in Committee tomorrow, but, again, the Northern Ireland protocol is secured through the passage of this Bill. That puts us in a very different place from where many of the debates were in the previous Parliament in respect of concerns about no deal.”
“First, I believe we can and will do this, and, as I have indicated to the House, so does the EU, because it has committed, in the political declaration, to doing it. Secondly, a number of issues are addressed through this Bill: citizens’ rights, which the hon. Member for Brighton, Pavilion (Caroline Lucas) asked about in relation to her constituents, are protected through this Bill. People used to talk about a no-deal outcome, and one thing this Bill does is secure the protection of the 3 million EU citizens within our country, who are valued, and of the more than 1 million UK citizens there. The right hon. Gentleman has concerns about the Northern Ireland protocol, and I stand ready, as do my ministerial colleagues, to continue to discuss issues with him.”
“I will move on, because new clauses 4 and 36 speak to the same point, but, in short, this is being done partly for the reasons I have already given the House in respect of what is set out in the political declaration, where there is a shared commitment, and partly because Members on my side of the House gave a manifesto commitment to stick to this timetable. I am sure the hon. Lady would be the first to criticise the Government if they made a manifesto commitment and then decided not to stand by it. So we are committed to the commitment we gave on the timescale, which is why we want to move forward with clause 33.”
“I will make a little progress and then, of course, I will come back to the hon. Gentleman. New clauses 4 and 36 stand in the names of the Leader of the Opposition and the acting leader of the Liberal Democrats respectively. New clause 4 has been tabled by the Leader of the Opposition in an attempt to force the Government to extend the implementation period if a deal has not been agreed with the EU by 15 June. The new clause would also give Parliament a vote on any such extension. New clause 36 is similar in effect to new clause 4, but it would do this without having any parliamentary vote. It states that a deal is required on both economic and security matters by 1 June or an extension is mandated as a consequence of this legislation. The Opposition parties therefore want to amend the Bill to force further delay.”
“My hon. Friend is right to say that a very clear message was reflected in our mandate. To be fair to Opposition Members, I should say that I watched the shadow Brexit Secretary on “The Andrew Marr Show” and he did accept the need to move on . [Interruption.] I am giving credit to him, although I appreciate that he is engaged on other matters in his own party at the moment. My hon. Friend is absolutely right that there was a clear desire from the British public to get on to the other priorities to which he refers.”
“With respect to the hon. Gentleman, we see it as a win-win. The EU wishes to trade with the UK; we wish to trade with the EU. They are our neighbours and we want to have a constructive relationship, but at the same time people voted for change and they want to see change. The Government are committed to delivering, through the Bill, the change that the British public voted for.”
“My hon. Friend, who always speaks with authority as a former Member of the European Parliament, is absolutely right to understand that this is a desire not just of the British public but of many of our friends and neighbours in Europe, who want to see the debate move forward and therefore want to see this legislation delivered. That is why it is right that we have clause 1 and why the new clauses are inappropriate.”
“That is the discussion that the Prime Minister will have with the President of the Commission tomorrow.”
“I refer back to the remarks I made a moment ago about this being a win-win for both sides. Let me take a portfolio that I used to deal with as a Minister: financial services. It is in the interests of EU businesses to be able to access capital at the cheapest possible price. I see in his place my hon. Friend the Member for Wimbledon (Stephen Hammond), who has expertise in this regard; he knows that the expertise in respect of the global markets and the liquidity that London offers is of benefit not just to the rest of the world but to colleagues in European businesses. They want access to the talent of the constituents of my hon. Friend the Member for Harrow East (Bob Blackman) and many others, which is why it is in both sides’ interests to reach agreement.”
“My hon. Friend is absolutely right. I know that he engages extensively with the business community, and what the business community wants is the clarity and certainty that the Bill delivers, and it also wants an implementation period that has a clear demarcation in terms of time. That is what the Bill will deliver.”
“I shall give way one further time to the right hon. Member for Leeds Central (Hilary Benn), who was the Chair of the Exiting the European Union Committee.”
“We are delivering on these promises that the British people have entrusted us to deliver, and the Opposition are interested only in further delay and disruption. I urge Labour and the Liberal Democrats not to press new clauses 4 and 36. I look forward to hearing from Members across the House as we take the Bill through Committee. This Government are committed to delivering Brexit, and this Bill will enable us to do so.”
“I have set this out very clearly. The right hon. Gentleman will have studied the Bill—he always does—and will know exactly what is in clause 33, which is a commitment to stick to the timetable set out for the implementation period, which we committed to in our manifesto. I would hope that he, as a democrat, would want a Government to adhere to their manifesto. The reality is that, on 12 December, the British public voted in overwhelming numbers to get Brexit done by 31 January and to conclude the implementation period by December 2020, so that we can look forward to a bright future as an independent nation. Page 5 of our manifesto explicitly states that we will negotiate a trade agreement by next year—one that will strengthen our union—and that we will not extend the implementation period beyond December 2020.”
“It recognises professional qualifications and, indeed, provides for fair rights of appeal. That is because we value the contribution of EU citizens who have built their lives in our country, and the Bill will guarantee their right to continue to do so.”
“She showed that she will contribute greatly to the work of the House, and her point about reconciliation was timely. The hon. Member for North Down (Stephen Farry) also made an excellent maiden speech, as indeed did the hon. Member for Stirling (Alyn Smith), who spoke powerfully of his opposition to Brexit, albeit after leaving an EU institution to come here. He has started his own Brexit as we vote on the Bill. The Bill delivers certainty for our citizens living in Europe, and EU citizens living here in the UK, by guaranteeing their rights as set out in part 3, including through an independent monitoring authority, which will rightly hold the Government to account. There will be a grace period to ensure that nobody is left behind in registering for the EU settlement scheme. The Bill also protects frontier workers.”
“Our country produced a mandate to leave the EU in 2016, but the previous Parliament rejected it time and again. It has taken a second vote to ensure that the mandate to leave is finally honoured. It is clear that the people did know in 2016 what they were voting for after all. Despite the efforts of those determined not to accept the referendum result, the House now has the opportunity to end the delay and to forge a new relationship, both with our neighbours in Europe and, indeed, within this House. In reflecting that spirit, I very much welcomed the speech of the hon. Member for South Shields (Mrs Lewell-Buck), who said that she would support the Bill in the Lobby today. Before I turn to the substance of the Bill, may I congratulate the hon. Member for Belfast South (Claire Hanna) on her very impressive maiden speech?”
“I join the right hon. and learned Member for Holborn and St Pancras (Keir Starmer) in welcoming new Members to the House, and in reflecting on the positive tone of the debate, which is in marked contrast with debates in the previous Parliament. I also join him in congratulating my hon. Friend the Member for Fareham (Suella Braverman), a new mum returning to make her valued contribution to this House. The general election delivered a clear instruction to this House that we should leave the European Union. Parliament must now reflect the will of the country and make good on that democratic decision by backing this Bill. The Bill is not a victory for one side over another. The time has come to discard the old labels, to move from the past divisions and to come together as one United Kingdom.”
“The very essence of Brexit is that we will no longer outsource our decisions to others in Brussels.”
“My right hon. Friend has always been a champion of the sovereignty of the House, and I will come on to how the Bill indeed champions the very sovereignty that I know he cares so passionately about. The Bill also unlocks confidence for our businesses by ending dither and delay, which in turn will unlock huge new investment in our economy, ensuring more and better jobs. As my right hon. Friend has just reflected, the Bill provides control for our Parliament. Clause 1 reinforces the repeal of the Act, which brought European law into the UK. The Bill ensures parliamentary scrutiny through the European Scrutiny Committee in clause 29 and asserts parliamentary sovereignty through clause 38. The whole House will recognise the work of my hon. Friend the Member for Stone (Sir William Cash) on this and on so many other issues reflected in the Bill.”
“My hon. Friend is a champion for workers’ rights and his constituents, and he will know that not only did our manifesto make that clear commitment—on page 5—but did so in parallel with the Bill. The Bill is about implementing in domestic law the international agreement that my right hon. Friend the Prime Minister has reached with the EU. This House does not need other people to tell us how to protect the rights of workers and others. As my hon. Friend well knows, in many areas this Parliament goes further than the EU in safeguarding rights, not least in areas such as maternity and paternity rights. Following the manifesto commitment to high standards, I look forward to the House continuing that tradition and maintaining good standards.”
“My hon. Friend is right. One of the key features of taking back control of our waters is this Parliament making those decisions for itself. One of the mysteries about Opposition Members is that those representing Scotland do not seem to have the self-confidence to take back those decision-making powers, but rather want to give them back to Europe.”
“We now have a deal that reflects both the referendum—the single largest democratic exercise in British history—and the defining issue of the general election. It is time to end the delay, to come together and heal our divisions and, above all, to listen to the people we serve. The British public have given their instruction. This Bill delivers Brexit. I commend it to the House. Question put , That the Bill be now read a Second time. The House proceeded to a Division.”
“Part 5 of the political declaration is clear: we are committed to developing in good faith agreements that give effect to our future relationship, the cornerstone of which is a comprehensive free trade agreement by the end of 2020. The shadow Brexit Secretary said that clause 33 was ridiculous. It is not ridiculous to act on manifesto commitments that we have given to the electorate. It is not ridiculous when the EU itself, in the political declaration, has agreed to the timetable of the end of December 2020. If that is the central concern of Opposition Members, it would have been better reflected in talks on previous deals, when the Labour party raised many other objections that underlined the fact that it simply did not want Brexit delivered at all.”
“My right hon. Friend is right. One has only to look at what our manifesto commits us to do once we have control of our taxes and at what the Government have already done to raise the amount people can earn before they pay tax. We believe in backing those who wish to work and provide for their families, and our tax system will do exactly that. Along with the terms of our withdrawal, the Bill reflects the political declaration, which sets out the framework for our future relationship. Now we need to get on with negotiating on this basis so we can agree our future relationship by the end of the implementation period on 31 December 2020. The shadow Brexit Secretary referenced clause 33. That clause reinforces the Government’s commitment in their manifesto not to extend this period.”
“To ensure that the correct tariffs are applied and that goods comply with the rules of the single regulatory zone, some information will be needed on goods moving from Great Britain to Northern Ireland. The deal also explicitly allows the United Kingdom to ensure unfettered market access for goods moving from Northern Ireland to Great Britain. There will be minimal targeted interventions designed to prevent, for example, trade in endangered species, which I would have thought the House agreed on. We will work with the European Union to eliminate those limited processes as soon as possible after Brexit. The most important point is that the arrangements automatically dissolve after four years unless a majority of the Northern Ireland Assembly in Stormont votes to keep them.”
“On 17 October, the United Kingdom and the European Union reached political agreement on a new withdrawal agreement and political declaration for the future relationship. That includes a revised protocol for Northern Ireland, which has been extensively debated in this House. The agreement is clear that Great Britain and Northern Ireland are one customs territory. Goods that are not at risk of moving to the European Union will attract no tariffs. These arrangements mean that Northern Ireland would remain in the UK’s customs territory and could benefit from the UK’s new trade deals with third countries. Goods moving from Great Britain to Northern Ireland that are destined for the European Union will have to comply with European Union rules.”