Jonathan Djanogly questions Department for Exiting the European Union Ministers.
Oral evidence: The European Union (Withdrawal) Bill, HC 373
Thursday 26 October 2017
Questions to the Department for Exiting the EU Secretary of State, Rt Hon David Davis MP
Q223 Mr Djanogly: Could I just step back to Mr Baker’s contention that the nature of most of these 800 or so proposed SIs is going to be uncontentious? The example that Mr Baker gave was that most of these SIs would be changing EU institutions to UK ones. That was the example that he gave.
Mr Baker: That was an example; I hope I did not say “most”, but I referenced it.
Q224 Mr Djanogly: You gave it as an example, and I was just thinking about that. Is that decision not, in itself, policy-related? For instance, should the powers that come out of the EU institution go to a Minister, or go to another public body? Can we simply say that these things are not contentious?
Mr Baker: We are very aware of that argument. I will put on the record a couple of examples in the delegated powers memorandum, selecting them at random: “In paragraph 2, for ‘Commission’ substitute ‘Secretary of State’, and (b) in paragraphs”—several numbers—“for ‘Agency’ substitute ‘Executive’”. These are the sorts of things that we envisage, which would be largely technical changes. Of course, you are right that, in some areas where a function is repatriated, there is space for debate about where it goes, and we, in the course of the Committee stage, will set out how we believe we can reassure colleagues on some of these points.
Q225 Mr Djanogly: If I could then go to the withdrawal agreement and the financial assessment aspect of it, the Committee heard that Clause 9 regulations might not be enough to give parliamentary authority for paying the financial settlement. As one of our experts, Sir Stephen Laws, explained, “You have provisions in primary legislation that give rise to expenditure but the tradition is that expenditure is authorised under supply procedure”. He went on to say that he was unsure whether the settlement would be paid out of those, or whether it was going to be paid out of the consolidated fund, as EU contributions are currently paid. Do the Government intend to use the Clause 9 order-making powers to pay financial settlements, or will there be an appropriation Bill?
Mr Baker: It is our intention to bring forward the appropriate legislative mechanism to pay the bill in a proper manner, once we have agreed it. I should say that a figure remains to be agreed; it is a matter for negotiations, but once we have agreed it, we will ensure that the proper legislative mechanism is in place.
Q226 Mr Djanogly: You have not yet decided what that will be.
Mr Baker: That is correct.