I voted for the Clause 38 override when I voted for the Withdrawal Act

I reproduce below part of my speech on the Withdrawal Act as it is very relevant today. I and like minded colleagues only voted for the Withdrawal Act because it provided a clear UK legal override if the EU did not keep to their promises of respecting UK sovereignty and working to a Free Trade Agreement.

My contribution to the European Union (Withdrawal Agreement) Bill debate, 8 January 2020
By JOHNREDWOOD | Published: JANUARY 9, 2020
John Redwood (Wokingham (Con): Clause 38 is welcome. I pay tribute to my hon. Friend the Member for Stone (Sir William Cash) for being one of the co-authors of that excellent piece of Government-proposed legislation. I also support the Minister in opposing various new clauses and amendments before us.

It seems to come down to the question, “What is sovereignty?” I think the public understand it so much better than many Opposition MPs seem to. The public fully understand that our constitution should be based on the proposition that the public decide who should represent them in the House of Commons. The House of Commons decides what laws are appropriate, what taxes to raise and how to spend that money. At the end of four or five years—or sometimes a shorter period—the public get to judge whether we collectively made a good job of it or not, or whether there is some new configuration of Members of Parliament that can make it better. So the public are ultimately sovereign but they trust us, their elected Members, with their sovereignty for a period of up to five years to exercise the powers of government.

When we first joined the European Economic Community, the country was assured that that sovereignty —that set of powers—would not be damaged in any way. To underwrite that promise the Government said, correctly then, that there would be no matter decided in the European Economic Community that could be forced on the United Kingdom against its will. We always had a veto so that if it proposed a law, a charge or a tax that we did not like, we could use the veto. Over our years of membership, we have seen those vetoes gradually reduced—those powers taken away. So today, although we are still a full member of what is now the European Union, there are huge swathes of policy areas where we are not free to legislate where we wish, or in some cases not free to legislate at all, because it is entirely occupied territory under the Community acquis.

The ultimate sovereign power in the United Kingdom today is the European Court of Justice. That is the ultimate appeal of any legal issue, and it can overrule what the two Houses of Parliament decide. It can overrule a statute, and it can strike down a law passed in this place. It is that which a majority of the British people decided they thought was unsatisfactory.

When they had voted many years ago to support our continued membership of the European Economic Community it was called a Common Market and misrepresented as a free trade area. This of course is rather different from a customs union with complex rules. They were given an assurance that Parliament would still be able to choose their taxes, spend their money and pass their laws in the traditional way. That turned out not to be true.

The loss of those freedoms was progressive under the Single European Act, under the Maastricht treaty, under the Amsterdam treaty, the Nice treaty and, above all, the Lisbon treaty. The Lisbon treaty was the culmination of that journey towards a very strong European Government that was superior to the United Kingdom Government. It implied substantial strengthening of the wide-ranging powers of the European Court of Justice, because every directive and every regulation that was passed—and there were thousands of them—not only produced a more directly acting legal power over ​our country that we could not modify or change, but also gave so much more extensive powers to the European Court of Justice because it is the ultimate arbitrator of that body of law.

It is that body of law which this legislation today is seeking to put under United Kingdom control. We have been arguing over this for three and a half years now. The public thought it was a very simple matter and told us to get on with it. We had a fractious and unhelpful Parliament until recently, which did all in its power to thwart the putting into law of the wishes of the United Kingdom electors.

I hope today, after a second general election and after a referendum where the British people made it clear that they wished their sovereignty to rest again with them and be delegated to their Parliament, that the Opposition might have understood that, and might have understood that currently, contrary to what we have been told by the Labour Front Bench, there are a very large number of areas where we cannot do as we please.

Let us start with the money. Yes, we wish to take back control of the money. This Parliament cannot decide to reduce the amount of money it pays to the European Union. They decide that: they determine the bill and they enforce the bill. I hope that Ministers can reassure me that after December, at the end of the implementation period, that will cease and we will only pay when there is an agreement between us and the European Union that we accept for services or joint policies that we wish to undertake as a sovereign nation. We cannot go on accepting their hand in our pocket, taking our money under their legal powers.

I personally think it is a great pity that we have had such a delay to exit, because I resent the net £1 billion or more a month we are paying in. That will continue, I am afraid, throughout this year. I would like that money for priorities in Wokingham and in the constituencies of other colleagues here in the House of Commons. I find it very odd that so many MPs are so dismissive of the significance of the money, given the quite important role it seemed to play in the referendum campaign and given how colleagues are normally very keen to see increases in expenditure on public services in our country. They do not make the connection that if we carry on paying very large sums to the European Union, it limits our scope to make the increases they would like.

It also means we do not control our own taxes, so our country cannot choose the power to tax any of our sales. That is determined for us. It has to be the VAT tax system. We had to introduce that when we joined the European Union. There are arguments for continuing with some kind of VAT system, but surely we want to decide what rate it is levied at and what items it is levied on. There are quite a number of items that I think it should not be levied on, where I think I would find agreement across the Committee. However, we are not allowed today to remove VAT from green products, for example, because that is against European Union rules. I therefore look forward to our opportunity to shape our own taxation system as soon as we are properly out.

There is then the issue of when we actually have control over our law. What I hope clause 38 will achieve is that if the European Union decides during the implementation period to pass laws that are particularly ​penal on the United Kingdom or are damaging to our commercial and economic interests, we can use that reassertion of parliamentary sovereignty before the expiry of the implementation period to ensure that that particular law does not apply to the United Kingdom. Otherwise, there is an invitation to anyone of bad will in the European Union to think of schemes that would be disadvantageous to the United Kingdom during the implementation period.

On borders, where again those on the Labour Front Bench seem surprisingly dismissive of a very important question that has been in our debate throughout the referendum and in subsequent general elections, I think there is a general view in the country, which goes well beyond Conservative voters, that there should be a fair system of entry between EU and non-EU people. At the moment, the EU gets preference. I think a lot of people feel that there should be some overall limitation on the numbers of people coming in seeking low-paid work or speculatively seeking work. They favour some kind of a work permit system, which is quite common in many other advanced civilised countries. Because we wish people who join us to be welcomed, because we want them to live to a decent standard and because we accept the commitment to pay them benefits and find them subsidised housing if that is their requirement, surely it should be in our power to decide how many people we welcome in this way, and to decide that that should be related to our capacity to offer them something worth while, and to our economic needs. I give way to my right hon. Friend, who has done so much in this area.

Sir Iain Duncan Smith (Chingford and Woodford Green) (Con): May I just pick up on one point? My right hon. Friend talks about, “should we wish to give them benefits”. The reality now is that the British Government have to pay benefits even to families of people working over here when their families are not with them. That is roundly disliked across Europe, but those countries all accept there is nothing they can do about it because the European Court of Justice imposed that as part of freedom of movement. It was never debated as part of freedom of movement and it was never supposed that it would happen. It is an end to sovereignty when one can no longer make a decision to change something like that.

John Redwood: My right hon. Friend puts it brilliantly; that is exactly the kind of limitation of our sovereign power, and of our freedom to make decisions that please our electors, that I have been talking about. It is quite important, given the history of this debate.

The speech then went on to make the case for England having a say in these matters…..

We still need a stronger recovery

GDP figures for July showed growth of 6.6%, continuing the recovery that started in May as the lock down began to ease. It still leaves the UK economy 11.7% down from the February peak.

Within the totals manufacturing is now down 8.7% on February. Areas like computers have regained all the losses, and pharmaceuticals are ahead. Trailing at the bottom of the pack comes transport equipment including cars, still down 26.7% on February. I have set out the special factors that are depressing this output in previous blogs.

Even more worrying is the continued poor performance of education and health. In July education output was still 21.9% below February. This will now correct given the successful return of most schools this month. Health output was still down 25.7%. More work needs to be done to get a full range of treatments, operations and surgery appointments to start tackling the big backlog. This should be an overriding priority of government.

Naturally arts, entertainments and catering remain very depressed as social distancing is continuing to take its toll.

How to tackle the virus

The government waited until the virus had fallen to very low levels. It then began a gradual relaxation of controls, essential to economic recovery and allowing freedoms back.

Its policy to control the virus switched to testing people to seek to ensure that all those with it or in contact with carriers self isolated, so the rest of us could lead a more normal life. It added to the measures by still not allowing some sectors to go back to work, and insisting on varying measures of social distancing for everyone.

With more testing today more cases of the virus are being identified, and the graph is going up again, as it has already done in places like Spain and France. So far it seems to be spreading more amongst the younger and fitter, so there are still not so many severe cases and deaths. Some say this pattern will continue. Others think it is only a matter of time before more vulnerable people get it and the serious cases rises.

The government and Councils turned to local lockdowns as a supplement to testing and isolating more people.In places where there was a surge in cases normal life was further interrupted to seek to control the spread. Now the government is moving back to national restrictions again as the cases still increase.

Yesterday the PM said he now wanted the NHS to develop a much faster test so people could get the result shortly after taking it. He would want to see a massive increase in the number of tests, perhaps a fifty fold increase on current levels. The idea is we could go to an event but be tested on the way in. Meanwhile current levels in excess of 200,000 tests a day are not backed up by sufficient laboratory capacity to give quick results, and some people are being told to wait several days or travel very long distances to get a test.

It leaves people asking some questions. Why can’t the NHS test more people locally? When will the current testing system be fixed? Who is now working on a rapid test and how many would it be possible to make when there is one? How will the public react to a prolonged period of restrictions on freedoms? How much more economic damage will be incurred if the virus does continue to flare up?

The reason for the Single market legislation

The government’s Single market Bill is a necessary piece of legislation to ensure the smooth running of the UK’s single market and customs union, and to provide the base for our independent trade policy after leaving the EU single market and trade policy on January 1. At the time of the Withdrawal Agreement and Political Declaration the EU signed up to two important propositions. They agreed that  the core of our new relationship with them would be a free trade agreement with  no tariffs, and they would respect UK sovereignty. If the EU keeps to its promises there will be no need for the arrangements envisaged for the Irish border in  the current legislation. If they do  not pursue these promises then the UK government has the right under Clause 38 of the EU Withdrawal Act to establish control over its borders and trade, notwithstanding  the Withdrawal Agreement. This is expressly recorded in UK law. It was also clear to the EU at the time when we legislated in this way that was the UK’s understanding of the Withdrawal Agreement, as we put it into primary legislation.

Qualifications for the class of 2021

Yesterday I raised in the Commons some questions about how exams should be set and marked and how standards of our main educational qualifications should be upheld for the class of 2020.

Ofqual has come up with ways of modifying the exams for next year to take into account the interruption to education experienced by pupils in some schools who did not teach a full timetable from March to September by on line means. It has also changed arrangements for field work and oral exams to respond to CV 19 social distancing rules.

As a result pupils will be offered more choice in content for the exams in History, Geography and Ancient History. In English literature pupils will be able to take three of the four blocs of work for the exam. Fieldwork in Geography and Geology will be dropped and the questions on it in the written papers. Foreign languages and English will no longer have a formal oral or spoken language requirement.

It is important next year that we get back to an exam based system. Ofqual and the Exam Boards are still considering what is best to do on dates of exams. Should they be a bit later to give schools more time to make up for lost teaching time this year? How much later can they go without jeopardising University entrance procedures?

I hope they work out a system which is fair to all students and upholds the standards established in past years. Next year they have to span the range from pupils who got a full education for the full syllabus between March and July to pupils who got very little formal education during lock down.

Non-Covid-19 Related Work in Hospitals

I have received the enclosed response to my Parliamentary Question about Non-Related Covid-19 work in hospitals:

The Department of Health and Social Care has provided the following answer to your written parliamentary question (81472):

Question:
To ask the Secretary of State for Health and Social Care, what progress the NHS has made in resuming non-covid-19 related work in hospitals and surgeries in England. (81472)

Tabled on: 28 August 2020

Answer:
Edward Argar:

The National Health Service has continued to progress with resuming non-COVID-19 services. There was an increase of 13% in patients beginning their first cancer treatment within 31 days following a decision to treat in June 2020 compared to May, whilst the number of completed admitted pathways following a consultant-led referral for treatment increased by 73% over the same period.

As the NHS has continued to restore services, further guidance was issued to local NHS providers and commissioners on 31 July outlining the next phase of the NHS response to COVID-19 and concurrent non-COVID-19 activity. The focus is on accelerating the return of non-COVID-19 health services to near-normal levels, including making full use of available capacity between now and winter, whilst also preparing for winter demand pressures. This will be done alongside continued vigilance in light of any further COVID-19 spikes locally and possibly nationally.

The answer was submitted on 09 Sep 2020 at 10:52.

My contribution to the Debate on the Extradition (Provisional Arrest) Bill (Lords) – Schedule – Power of arrest for extradition purposes, 8 September

We had a good debate earlier today, but I hope the Minister will come back to this House erelong on a couple of important issues explored in the earlier debate. The first is the protection of British citizens who are the object of one of these extradition requirements once we have entered into these agreements. My right hon. Friend for Haltemprice and Howden (Mr David Davis) made a powerful speech about how we need to look carefully at the conditions offered to people when they are taken abroad on charges, particularly as they may be innocent and particularly when the most serious offences that most of us had in mind when these extradition regimes were drawn up may not be involved. We all wish to keep our country safe and we all understand that we need reciprocal agreements to do that. We wish such agreements to be used to pursue those who are violent and commit the most serious crimes, but we need to think about how this can be extended and how in certain jurisdictions where we have extradition agreements people may not be accorded the same decent treatment we would want to accord somebody who has been charged with a crime but who may, in the end, prove to be innocent.

We also need to come back to how we are going to handle our extradition arrangements with other European countries. We are still not sure how that might work out, and we fully understand that it is still the subject of various discussions and negotiations. It is entirely prudent to make some provision today. However, some of us think that if there is to be no European arrest warrant when we have completed our so-called “implementation period”, that could be an opportunity for us to have a better and more suitable system, because the European arrest warrant had features that were not to this country’s liking and there was an element of compromise in it, as there has to be. I hope that we will therefore have some greater guidance on what might materialise.

As two other speakers in this Third Reading debate have referred to a topical issue that goes a bit wider than this Bill, perhaps I may also be permitted briefly to do that.

I have not heard or seen anything that implies that this Government wish to break the law or the international treaty. I have seen everything to say that this Government take very seriously section 38 of the European (Withdrawal Agreement) Act 2020, which was the assertion of sovereignty, and it was a fundamental proposition of the political agreement and the withdrawal agreement, which the EU willingly entered into, that British sovereignty was going to be assured and central, just as it was central to that agreement that there would be a free trade agreement. If there can be a free trade agreement, the other legal issues fall away.

One did need to correct that wider point, but, in conclusion, this Bill is a necessary one. There are issues arising from it that could warrant further thought and treatment. I hope this Government will take the advantage of that thought which our leaving the EU can provide to look again at how in the longer term we have a good judicial relationship—a co-operative relationship—with the EU that is fair to both sides and to any innocent people in Britain who may have to stand trial abroad.

My contribution to the Debate on the Extradition (Provisional Arrest) Bill (Lords) – Clause 1, Power of Arrest for Extradition Purposes, 8 September

Sir John Redwood MP (Wokingham) (Con): Two very important principles should be in all our thoughts when framing extradition legislation. First, there is the imperative to make sure that where someone has committed a serious and violent crime, such as a terrorist offence or murder or some other such crime, in the United Kingdom and has escaped abroad, we have arrangements so that we can pursue justice against them through co-operation with countries around the world. We should also have very much in our mind the issues that my right hon. Friend for Haltemprice and Howden (Mr David Davis) drew to the attention of the House. We should be very concerned about innocent people in our country who may be the object of extradition requests or demands from countries abroad to take them into justice systems that are not up to the standards of our own, or not the kind of thing we would want an innocent person, particularly, to have to approach, only to see justice not done in those countries if we have undertaken such extradition matters. I echo my right hon. Friend’s request that we need to look again at how the US relationship is working. This was sold to the House some years ago on the basis that it would be targeted on those criminals we could all agree about—the terrorists, rapists and murderers who were committing violent crime—and it is of concern for us to discover that that has not been its main use at all.

I hope the Minister will share with the House his thoughts on what arrangements we will move towards with the other European countries now we have left the European Union. There may be a move to put all European Union, or European economic area, countries under these provisions, but we should definitely look at the different standards of justice system in those countries. While many of our European friends have excellent justice systems that we would be very happy with, there are very variable standards throughout the European continent. Given that we are rethinking our foreign policy and our position in the world generally, this is a good opportunity to look at them one by one and to ask whether some of them are below the standards we would expect and whether they have not made good use in the past of the very widespread powers granted to them under the European arrest warrant.

When I was preparing for this debate, one set of figures I saw in a commentary was for the period from 2010 to 2018. It said that over that period, continental countries had used the European arrest warrant eight times as often as we had used it for criminals, or alleged criminals, that we needed to undertake it for in our courts, so it has been asymmetric. In part, that is because there are many more people on the continent than there are in the United Kingdom, but it also tells us something about the seriousness of the offences that they are interested in for extradition.

I am pleased to see that there is some recognition in the legislation that extradition should be reserved for more serious offences. One does not want a complex and expensive system such as this to be used for a lot of minor offences. The Government have chosen to define it as something that is an offence in the United Kingdom and which would command a prison sentence of three years or more in the event of somebody being found guilty. I think that is a good start, because one of the features of the European arrest warrant that many people did not like was that somebody could be extradited under it from the United Kingdom for something that was not actually an offence in the United Kingdom. That did not seem a very fair system or proposal.

I hope the Minister will share with us some of his thoughts on what would be an appropriate list of European countries and whether they should just slot into the proposals that we are debating today. I think I am happy with the list of countries that we are being asked to endorse, with the caveat that we need to look at the American relationship in the way that my right hon. Friend the Member for Haltemprice and Howden suggested. I fully understand that now is not the afternoon to try to make dramatic changes to that and why he has tabled only a probing amendment. We are asking the Government about that, but there are big issues here that we would like them to review.

Junction Safety and Capacity

I recently received this answer to my Parliamentary Question on junction safety and capacity:

The Department for Transport has provided the following answer to your written parliamentary question (81475):

Question:
To ask the Secretary of State for Transport, what funding is available for local authorities to improve junction safety and capacity and to remove bottlenecks to make it easier for people to get into town centres by car and van. (81475)

Tabled on: 28 August 2020

Answer:
Rachel Maclean:

Local highway authorities, such as Wokingham Borough Council, have a duty under Section 41 of the Highways Act 1980 to maintain the highways network in their area.

The responsibility for improving junction safety and capacity is also a matter for the relevant local highway authority. The Department for Transport is allocating over £1.7 billion for local highways maintenance and improvements in 2020/21 through the Transport Infrastructure Investment Fund to local highways authorities in England, outside London. Of this Wokingham Borough Council will receive over £5.1 million. It is entirely for each authority to determine how their share of this funding is utilised to meet local needs.

A new commuting model?

Many companies are saying they are looking at more staff working some days at home and some in an office in the centre of a city. One of the issues that arises is how will people travel to and from the office, and what will that cost? Will the nationalised railways respond with attractive new tickets and offers which allows people flexible choices of when to travel, with a suitable discount for being regular users?

I started researching this article by going onto one of the big well known rail ticket sites. They ask the right questions there, and offer a cost comparison for people wanting to commute for fewer than 5 days a week. They of course can only compare costs against the background of the present ticketing offers. They show that the railway has not yet bothered to think through what a part week commuter might like.

The worked example I was offered showed this for the daily costs of travel:

3 day commuting Anytime day return £48.90

Weekly season £39.53

Annual season £33.83

Traditional 5 day commuting

Anytime Day return £48.90

Weekly season £23.70

Annual season £20.24

As these figures reveal, there is a substantial discount offered on high ticket prices for daily commuting 5 days a week. If someone now wants to commute three days a week they still have to buy the full 5 day a week season ticket, but get a much smaller effective discount on the daily fare. I guess these figures do not allow for holidays which means the actual daily cost on the season ticket is higher.

The railway needs to do better than this. People may now be flexible not only about which days they go into the office, but also which times. There may be a willingness by employers, particularly all the time social distancing applies, to allow or support staggered hours. The railway has always claimed commuter fares even on season tickets have to be so high because it is all peak travel. This imposes high peak costs on the railway which needs high capacity for just a few hours a day. This new pattern of reduced days and a wider range of times allows the railway to flatten the peak, which should lead to economies to pass on to users.

If the railway wants it business back it needs to do better by commuters. One of the main reasons people do not want to return to five days a week in the office is the high cost rail service which often let them down.