Sir Bernard Jenkin
MP for Harwich and North Essex · Conservative · United Kingdom
“Despite long and historic disagreements between successive UK Governments and Israel, it has remained a steadfast ally in counter-terrorist efforts to keep our people safe in this country. We are now embarked, it seems, on a full diplomatic dispute with Israel and tit-for-tat expulsions of diplomats.”
“I would very much have liked to have discussed the medical devices questions arising from the Bill. The Minister made an incredibly short speech about that important matter. It is quite clear that these provisions are part of the covert dynamic alignment with the EU and the covert rejoin agenda being pursued by the Government.”
“I am as keen as anybody to get on with discussing the Health Bill, but this topic is too serious an opportunity to miss, given that the hon. Member for Leeds Central and Headingley (Alex Sobel) has raised such important issues. I really commend his speech and his initiative. Everybody should read it.”
“The Minister shakes her head, but she is yet to give a good reason as to why this measure is in the Bill. When we had an Adjournment debate in July with the then Minister for patient safety, the hon.”
“The chief executive of the CQC is wantonly conflicted in terms of looking after the safe space, so he cannot be the one left in charge of that function. The real point here is that we are missing the opportunity to save so much money. Governments keep having public inquiries.”
“I asked the Minister, in a letter I sent her after the debate in July, to give us the information on how much the transfer of all this would cost. Nothing has arrived. I never had a reply to the letter. Of course, the Government have changed the Minister and the new Minister for patient safety, the right hon.”
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“Furthermore, Essex was ranked in the UK’s top 20 universities for research excellence in the last research excellence framework. Very few universities excel in both education and research, while also performing strongly in measures of overall student experience, graduate prospects and quality of facilities. Essex is one of a very small group of universities that genuinely achieves that. As a result, Essex students benefit from a research-led education that not only equips them to succeed on their courses, but provides them with the skills to succeed in their chosen careers after graduation. I look forward to continuing to work with the university in the years ahead, as it builds on these achievements. The Higher Education and Research Act 2017 will introduce a new regulatory framework.”
“Since I was first elected for Colchester, North in 1992, I have had the privilege of representing the University of Essex in Parliament. We have a close relationship, and I am a member of the court of the university. Over the years, I have witnessed how much the University of Essex has contributed to academia, the local economy and the wider community. It continues from strength to strength. I make no apology for using this opportunity to set out the university’s progress and achievements. In June, Essex was awarded “gold” in the teaching excellence framework. Essex was also ranked in the top 15 in England for student satisfaction for the fifth year running in the national student survey, and 22nd in “ The Times and The Sunday Times Good University Guide 2018”.”
“Will the UK continue to participate in EU research programmes such as Horizon 2020? Despite all that, I have never doubted that the UK’s universities will continue to thrive outside the EU, just as they did before we joined. The 2018 QS World University Rankings put four UK universities in the top 10 in the world, and nine in the top 50. What is more, there are opportunities for universities when we leave the EU. By levelling the playing field between EU and non-EU students and academics, universities will be better able to compete with all our international rivals—the big US universities and the emerging universities of Asia, as well as the European universities. But the Government need to make decisions as soon as possible so that universities can plan for the future.”
“I am grateful to you for granting me this debate, Mr Speaker, and it is a pleasure that you should be in the Chair, given that you are also the chancellor of the University of Essex. We are fortunate that you have taken on that role. I am also grateful to my right hon. Friend the Minister for Apprenticeships and Skills for being here, and I look forward to her reply to this debate. I hope she will convey the points of concern I am raising to her colleague, the Minister for Universities, Science, Research and Innovation. As the UK prepares to leave the EU, universities, including the University of Essex, are facing much uncertainty: what access will there be for EU students and academics after the UK leaves the EU? What fees will EU students be liable to pay? Will EU students still have access to the UK student loans system?”
“This determination to use research to drive growth has led to Essex being asked to lead a £4.7 million Government project in the eastern region and to grow the economy through improved productivity by encouraging collaboration between universities and businesses. The “Enabling Innovation: Research to Application” network will build collaborations to support business innovation across Essex, Kent, Norfolk and Suffolk. I am enormously proud of the University of Essex’s work. However, I am also proud of its global outlook and international spirit.”
“Essex was one of the very first universities to start offering degree apprenticeships in higher education, which provide students with the skills that industry needs and allow them to combine studying for a full degree with gaining practical skills in work. Such apprentices get the financial security of a regular pay packet, while providing businesses with a cost-effective way to bring in new talent and skills or develop their workforce. Tech giant ARM, alongside local small and medium-sized enterprises, is already offering degree apprenticeships in partnership with Essex. The university’s work in this area is hugely beneficial, with both students and businesses standing to benefit a great deal from these opportunities.”
“Essex is continuing to expand its business engagement and the University of Essex Innovation Centre is now being built on the Colchester campus. This is a joint initiative with Essex County Council and the south-east local enterprise partnership, which, when completed, will provide space and support for up to 50 start-ups and smaller high-tech businesses in the Knowledge Gateway research and technology park. The university’s research impact also supports public institutions in tackling challenging social and economic issues. In conjunction with Essex County Council, the university has appointed the UK’s first local authority chief scientific adviser, Slava Mikhaylov, professor of public policy and data science, who supports Essex County Council to develop policy rooted in scientific analysis and evidence.”
“That work was recognised when the university was ranked in the top 10 in the UK for engagement with business through what the Government recognised as knowledge transfer partnerships, and supported through the programme run by Innovate UK, to help businesses improve their competitiveness through better use of UK knowledge, technology and skills. The knowledge transfer partnerships are one of the main ways in which the university ensures its research feeds into business activity, and the range and scope of those partnerships is extensive. For example, Essex works with the digital agency, Orbital Media, to use artificial intelligence to create automated online GP services. Essex also works with the organisation Above Surveying, which will use the latest technology to improve the way its drones monitor and inspect solar farms.”
“The university’s status as a leading centre of expertise in analysing and handling big data, such as that generated through the Understanding Society programme, received further validation in 2016, with UNESCO’s establishment of its only chair in analytics and data science at the university. I would be grateful if the Minister set out how the Government will remain fully committed to recognising and rewarding research excellence wherever it is found, whether at Essex or elsewhere. I would also like to pay tribute to the late Anthony King, who, in 1968, became reader in government at the University of Essex, which gave him the opportunity to shape the department, which now enjoys such a renowned reputation. University of Essex research has impact through partnerships with businesses of all sizes.”
“The Public Administration and Constitutional Affairs Committee, of which I am Chair, scrutinises the UK Statistics Authority, which has done work on what is known as big data. As Chair of that Committee, I am delighted that the University of Essex won £27 million from the Economic and Social Research Council to support its work on understanding society up to 2021. It is the largest longitudinal statistical study of its kind, and it provides crucial information for researchers and policy makers about changes in attitudes and behaviours over time and on the causes and consequences of deep-rooted social problems and change in people’s lives.”
“I certainly agree with my hon. Friend. He will be as acutely aware as I am of what a big role the university plays in the civic life of Colchester and the surrounding area. The University of Essex’s research is pioneering and world class. Its department of government, at which you studied, Mr Speaker, is ranked the best in the country in every assessment of research quality that has been undertaken. The university is also in the top four for social science research, fifth for economics and 10th for art history. Last year, the university secured £42 million of externally funded research income, including half a million pounds secured by a biological sciences research team to investigate marine bacteria, which will improve our understanding of the impact of global warming on this vital part of Earth’s life-support system.”
“As the UK regains control of its borders following Brexit, I urge the Government to ensure that barriers are not put in the way of universities such as Essex, one of the UK’s great export success stories, continuing to attract talented students and staff from around the globe.”
“I very much welcome my hon. Friend’s intervention. At the point where I am celebrating the University of Essex’s global reach, it is entirely appropriate that Southend and Rayleigh should be included in the equation. Staff and students come from all around the world and the university collaborates internationally on a high proportion of its work. The Times Higher Education rankings for 2018 placed the University of Essex second in the UK for “international outlook” and I am delighted that applications to the university from international students continue to increase. I am also delighted that, on their arrival in Essex, international staff and students are met with such an open and inclusive welcome.”
“However, I hope that she will address the concerns I have raised, particularly those arising from the UK’s decision to leave the EU. These uncertainties about access for foreign students and academics to UK universities, or about the replacement of EU funding, are not dependent on the outcome of any negotiations with the EU. The Government can decide things such as our future immigration policy right now. The Government can decide now that they will guarantee, at least in principle, to replace EU funding with UK funding, particularly as when we leave the EU we will no longer be required to support non-UK EU spending, which amounts to some £9 billion a year. There is no excuse for extending uncertainty unnecessarily. I hope that the Minister will at least agree with that.”
“They transform people’s lives through education and the value of their research, provide businesses with people who have the vital skills they need, and make a crucial contribution to the UK economy. They enrich our society and culture as places where conventional wisdom can be challenged and where contentious issues can be debated with passion on all sides. The University of Essex was one of the few universities that remained officially neutral during the EU referendum. I personally helped to find speakers from both sides of the argument for a major debate hosted by the university just prior to the vote. Essex has set the highest example of impartiality and protection for freedom of speech. In conclusion, I am sure that the Minister will want to join me in congratulating the University of Essex for all that it is achieving.”
“Essex is also leading the way on women’s equality, so it is appropriate that this Minister, who is also the Minister for Women, is replying to this debate. Essex gave its female professors a one-off salary increase in 2016 after an audit revealed a pay gap between its male and female professors. It was the first university in the UK to do so and the decision was covered in national media. This was a brave and bold move, and, one year on, the gender pay gap between male and female professors has not reopened. The university and its vice-chancellor, Professor Anthony Forster, deserve credit for this. I do not need to say how important universities are to individuals, to our society and to our economy.”
“The percentage of students who are yet to have their repayment status confirmed, or who have not supplied their incomes and have therefore been placed in arrears, is also higher among EU domiciled student loan borrowers. It is hard for the Student Loans Company to pursue loans being repaid from abroad. These losses should not fall on the British taxpayer, nor should British students have to pay higher interest rates as a consequence. I hope that the Minister will make it clear that the UK will no longer be obliged to offer student loans and subsidised fees to EU students after the UK leaves the EU, not least because these students come from far wealthier countries than other countries that we should want to help more.”
“I am very grateful for that intervention because I did not have that element in my speech. The Government will be aware that EU membership has obliged us to provide support for students from EU countries. Leaving the EU will provide us with an opportunity to support more students from poorer countries, and I encourage the Government to look at how the UK can do this. The higher default rate among EU students taking out UK taxpayer-funded student loans is a burden. According to figures released by the Student Loans Company earlier this year, this figure stands at approximately 4% for EU domiciled student loan borrowers compared with around 0.5% of English domiciled student loan borrowers.”
“I am listening carefully to the right hon. and learned Gentleman, but I can only conclude that it is foolish and irresponsible to have called this debate. He knows there is a blanket ban on disclosing advice to Ministers—that is in the ministerial code and the civil service code, and it is absolutely standard. It is normal for Select Committees to request information themselves, rather than getting the official Opposition to do it on their behalf. This is game playing.”
“On a point of order, Madam Deputy Speaker. I have been listening carefully to the exchanges in the debate. The motion on the Order Paper is clear and unqualified: it says that the impact assessments should “be provided to the Committee on Exiting the European Union.” During the debate, though, those who proposed the motion and others who support it have suggested that parts of those documents might be withheld. Have you received an amendment to the motion that might qualify what should be provided to the Select Committee, or is it for the Government to interpret what they should do after the debate?”
“Indeed, one of the reasons we are leaving the European Union is that this House has absolutely no power over which documents the European Union should be compelled to release because it is completely beyond the power of this House.”
“The hon. Member for Sedgefield (Phil Wilson), who has just sat down, is another supporter of this motion who is now talking about the release of a set of justifiably redacted documents, as opposed to the complete documents. This underlines the fact that the House is debating documents, but we do not really know what is in them because we do not have them. Some colleagues think that these documents will contain some dreadful smoking gun that will blow the Government’s case out of the water. I can honestly say that I believe that the Government are far more concerned about releasing information into the public domain that will actually help the European Union in the negotiations, when the European Union clearly has no intention of releasing its impact assessments.”
“The words “binding” or “not binding” do not appear in “Erskine May”. There is a misappreciation of the meaning of these motions. By passing a motion, the House is not making law. There are no obligations that are enforceable through the courts as there would be if we were passing a set of regulations or an Act of Parliament. It is simply an expression of the will of the House.”
“My hon. Friend is absolutely right. We are beginning to see, in this rather messy and untidy debate, why this 19th century procedure is not used very often. The usual procedure would be that the Select Committee would request the documents, but it has not requested these documents. No writ or summons have been issued for any of these documents. We simply have this motion. There is a sensitivity within Government about releasing documents that are used to make political points. Part of the Treasury’s reputation was severely trashed when, in the run-up to the referendum, it released documents that were patently misleading and were used for propaganda purposes in a way that I think rather embarrassed Treasury officials. Then there is the question of the status of the motion.”
“There may be a great sea of Opposition colleagues jeering at that point, but they are jeering at the national interest when they jeer in that fashion.”
“These documents may not be very serious and there may not be very much in them, but this is a power to call for papers that should be used sparingly, precisely because these are the negotiations of a generation. Unless the Government have the freedom to conduct the negotiations with the necessary confidentiality, the Opposition will undermine the ability of the Government to produce the better terms of settlement that the Opposition say they want. This is potentially extremely disruptive and irresponsible, and the right hon. and learned Member for Holborn and St Pancras (Keir Starmer) knows it. This is more about party politics and exploiting the situation for party advantage than it is about supporting the national interest.”
“Let us not get in a paddy that there is some great constitutional principle. Parliament is sovereign not because it passes motions, but because, in the Diceyan sense, Parliament can make or unmake any law; and I reiterate that in this matter, we are not making law—at least, not law that is statute law and enforceable through the courts. It is worth repeating to the House what the Minister reminded us during his opening remarks, which is that the House has previously voted, by a large majority, to protect sensitive information that is relevant to the negotiations. That is why I invite the official Opposition to think very carefully before repeating this exercise.”
“My hon. Friend takes me to the very next point, which is that it would be unconscionable for any Government to ignore a motion. But I heard the Minister very clearly saying that he does not intend to ignore the motion. In fact, he made it clear that the Government will respond to the motion. This echoes what the Leader of the House said recently in business questions about Opposition day motions. She said that there should be a standard, and that the Government will respond to a motion in the House within, at most, 12 weeks of the will of the House being expressed in such a way. The very fact that we are having a debate about exactly what would be released means that it is a matter for the Government and Ministers to interpret. If the House is then still not satisfied with what has been released, the House can come back to it.”
“The businesses I speak to in my constituency and around the country are increasingly impatient with the games being played here at Westminster and the games being played by the European Union. They want us to leave the European Union and they want us to get on with this to end the uncertainty as quickly as possible. They do not want a protracted and uncertain future for this country, made worse by the irresponsible tactics of the Opposition.”
“It always struck me as odd that those in the Scottish National party believe in self-determination for Scotland, but want to sell out to a superstate European Union. I have never understood how they reconcile the desire for independence with wanting to be shackled to a superstate in which they would have but a pimple of influence compared to the influence they have in the United Kingdom.”
“The Public Administration and Constitutional Affairs Committee has submitted quite radical suggestions about how the code, and the machinery around it, should be reformed so that we spend far more time in this House as Members of Parliament experiencing proper professional development and understanding the code of values at the front of this document—what they actually mean and how we should live those values as Members of Parliament—than just concentrating on all the other pages, which are about declarations of outside earnings, Members’ interests and all the other stuff that seems to preoccupy the regulatory authorities of this House.”
“Thank you for your statement, Mr Speaker. I am grateful for the consensus so far in all the statements made and questions raised in these exchanges. Let me point out that we would not be having these exchanges if the document I have here—the code of conduct of the House of Commons—was actually working and the machinery around the code was effective. May I draw my right hon. Friend’s attention to the fact that the Parliamentary Commissioner for Standards is conducting a review of the code of conduct?”
“Given the way the EU has delayed and delayed, it is not entirely unreasonable for my right hon. Friend the Secretary of State to think it will carry on delaying. Will he impress on Monsieur Barnier, however, that it would be much more preferable to conclude a deal as early as possible, because any implementation period will be of far less value if business cannot be certain it will be available to it sooner rather than later?”
“12. May I draw my right hon. Friend’s attention to the new inquiry on devolution and Brexit launched by the Select Committee on Public Administration and Constitutional Affairs? As well as promoting discussion among the governments of the United Kingdom, we want to promote discussion among the parliamentarians in the four parliaments of the United Kingdom in order to resolve these very difficult issues.”
“May I reassure my right hon. Friend that anyone who is suggesting that she is weak is seriously underestimating her, seriously underestimating the Conservative party, which supports her, and underestimating the importance of the referendum mandate and the fact that she obtained more votes than any other Conservative leader for 30 years? Will she stick to her guns, follow through and have confidence that the only people undermining her on the Conservative side are those who, unfortunately, are threatening to go into the Lobby with the Labour party?”
“If we are to have such a limited defence budget, we need to learn how to spend more on people, technology and industrial capacity, to be able to build the equipment that we need for the campaign that we are in, rather than finding ourselves with the equipment that we ordered 10 years ago, which is inappropriate for the campaign that we now face. We need to invest more in the people, who are, in the end, the absolute force multiplier in any crisis that we face. It is a big challenge, but if we continue on the present trajectory, the situation will just get worse.”
“Recently, we have suffered the collapse in the value of the pound against the dollar, as has been said; and looking five and 10 years ahead, we are facing another black hole in the defence budget, which will have severe consequences, because the big equipment programmes that tend to dominate defence expenditure are crowding out investment in technology and people. Always it is manpower that takes the cut to protect the big equipment programmes. We need to concentrate not just on how we are to strategically improve the defence budget to protect the existing programmes.”
“These are not strategic decisions; they are decisions taken to match a year-on-year target, so the impression being given is that the defence budget is really being planned only one year ahead, with the consequences of these cuts. Let us look back over the last seven years. The coalition Government inherited a black hole in the defence budget of £35 billion. Coupled with George Osborne’s 8% defence cash cut to the headline figure, that meant that we reached 2015 already having suffered a real-terms cut of 17% in the defence budget, regardless of the ongoing pressure of defence cost inflation.”
“I shall be brief, Mr Bone. There is a realism that we need to bring to this debate. A capability review starts with what sort of country we want to be, what sort of role we want to play in the world, and the strategic situation that we face; and the only thing that is changing is the strategic situation that we face, which is getting worse. The Development, Concepts and Doctrine Centre puts state-on-state warfare as a major threat; it is slight now, but growing and will be becoming severe in the next 20 or 30 years. That is the context in which this debate should be seen. We keep hearing, peppered throughout the debate, the noises from colleagues who are complaining that capability is being cut on an arbitrary basis because there is not enough money in the budget.”
“My right hon. and learned Friend the Member for Rushcliffe (Mr Clarke) referred to the fact that we have to make all these international agreements which have previously been reflected in agreements between the EU and international bodies and other countries. Is any other country outside the EU objecting to the likelihood that we will be seeking to make these arrangements, or to be a full member of the IAEA in our own right, with a voluntary agreement that it proposes?”
“Will my right hon. Friend simply point out to people complaining that the negotiations are going too slowly that after the referendum on 23 June last year the EU refused to negotiate until we had triggered article 50; that even when we had, it refused to discuss the long-term relationship it wanted with the UK; and that even after her emollient and conciliatory speech, it is still refusing to discuss that long-term relationship? When does she call time?”
“Much of the debate is actually not about sovereignty, but about scrutiny and the proper role of Parliament, as the hon. Member for Penistone and Stocksbridge just said. There is huge complexity to deal with, and a quantity of legislative changes need to be made, but we need to keep this in proportion. If the official Opposition are really serious about having a sensible discussion about how to improve the scrutiny of secondary legislation, and particularly of the so-called Henry VIII provisions, let us have that conversation, and I would be delighted to talk about how we do those things. However, the Hansard Society proposals are far more about the procedures we adopt in this House and in the other place than about making fundamental changes to the Bill, albeit that some changes may be necessary.”
“This Bill is, fundamentally, not a decision-making Bill; it is an enabling Bill—it is an administrative measure. I spent many years on the Opposition Benches—on the Front Bench and on the Back Benches—practising the professional outrage we saw practised very effectively in the Chamber last Thursday and, if I may so, just now by the hon. Member for Penistone and Stocksbridge (Angela Smith). Of course, there are scintillas of truth in the points being made, but we should remember that the big decisions have been made—on 23 June last year and in the article 50 Act. We are leaving the European Union, and a vote against the Bill, as my right hon. Friend the Member for Basingstoke (Mrs Miller) pointed out, is just a vote for chaos and a chaotic Brexit, rather than a smooth transition.”
“The European Union’s position is beginning to look more and more unreasonable as it refuses to discuss the end state of the relationship that we all want to see, insisting on an up-front payment, or promise of payment, before it will discuss those matters. I have absolutely no doubt that the EU is playing for time for some reason, possibly because of the German elections, and is likely to crumble on that, and to start to talk seriously about the issues that we need to discuss. We can talk too much and too glibly about cliff edges; I notice that even the Government have put the term “cliff edge” into their documents. Let us face it—the United Kingdom does not want a cliff edge. We are offering the rest of the European Union seamless trade, as far as possible, no tariff barriers and mutual recognition for products and services.”
“I hope that, behind the scenes, colleagues will talk across parties on these matters, as one or two of us have already suggested we should. However, let me put this in the much wider context, because we are getting rather lost in the detail of the Bill. We are forgetting what the Bill is for and the context it is being discussed in: we are leaving on 28 March—or whichever date it actually is—next year. It might be helpful to have the exit date on the face of the Bill at the outset, to provide additional clarity that negotiations are in progress, or should be. I think everyone is getting a bit disappointed that there has not been more substantive discussion about the issues that really matter.”
“My right hon. and learned Friend sets out the common ground we should all be on. However, the debate was not assisted by Tony Blair, who was on the television yesterday speaking about how to deal with this issue. He said: “Paradoxically, we have to respect the referendum vote to change it.” There is an understandable suspicion among Conservative Members that some people have not really accepted that we are leaving the European Union. The fact that the official Opposition have chosen to vote against the whole Bill underlines that they are rather reluctant to accept the decision the British people have made. Before I move on, I should re-emphasise that the Hansard Society proposals have a lot to them, and we should be able to discuss them.”
“Incidentally, it was composed more than 100 years before the European Union was invented and has absolutely nothing to do with political and monetary union under the European Union. We are leaving the European Union; we are not leaving Europe.”
“I will end my speech a little early by emphasising that a vote against this Bill would be a terrible disappointment, and I would not take such a vote at face value, as I do not think that the vast majority of hon. Members in this House want to create a chaotic Brexit. They will be voting for a tactical defeat, because they know that they cannot succeed in this debate. We should concentrate on the fact that we have far more in common with our European partners than divides us. That will be the same after we have left the European Union as it is now. I look across the Chamber at the hon. Member for Ipswich (Sandy Martin); we stood together in one of the glorious Suffolk churches of East Anglia last night and sang Beethoven’s ninth symphony and the words of Schiller’s great poem, the “Ode to Joy”.”
“Even if we leave without an agreement, I think the biggest challenge is being ready in time. My biggest concern is that there are still parts of Government that do not seem to be preparing quickly enough. On the question of Her Majesty’s Revenue and Customs and the customs arrangements, are those at HMRC spending money on what we need in place in case there is no deal? I keep hearing that they are waiting for instructions, as though there will be something much clearer for them to work against, but we have to face the fact that we might well leave without a comprehensive settlement of some kind, and that our customs arrangements and all the other arrangements will have to be ready in time. This Bill enables us to do that.”
“Absolutely right. The point is that we want that smooth transition; the only reason there is a possibility that there will not be one is the intransigence so far of the European Union. The paradox is that there are people who were very much in favour of Britain’s membership of the European Union who clearly think that the European Union will inflict the most ghastly cliff edge on our country. I think better of the EU. There are sensible people in the European Union who will not want tariffs, or tariff barriers, or new and unnecessary restrictions on trade between our two countries. They will not want to de-recognise so many of the mutual recognitions we already have. They will want to secure the jobs of their people and their countries just as much as we want to secure ours.”