No.
On 18 October 2016, the Government confirmed their support for signature, provisional application and conclusion of CETA. Overriding scrutiny, Mr Speaker,
is no minor matter. The Committee rightly called an emergency evidence session demanding that the Secretary of State account for his decision to override the Committee’s scrutiny reserve and to proceed with provisional application. The Secretary of State had the audacity to tell the Committee:
“I very much believe in the democratic process and the importance of transparency and, as the Committee knows, I have long been one of those Members who has been very much supportive of the scrutiny process and I’m sorry that the timescales meant that it was not possible to have a debate before decisions needed to be made on CETA.”
He went on to tell the Committee that this was
“down to the parliamentary calendar and the timescales set for us. However, I therefore reinforce my commitment to the Committee today to hold such a debate and I’m very happy to have that debate on the Floor of the House. Our officials are already working with business managers to identify a date most likely, we understand, in November.”
That, for the avoidance of doubt, was November 2016.
So, November comes around and, having had no indication of a debate being forthcoming, the Committee published its summary of that urgent evidence session and noted:
“We consider such a debate to be urgent and ask that it be scheduled before 13 December”.
[Interruption.] I know the Secretary of State does not like this, because it brings up all the ways in which he has sought to avoid transparency and scrutiny in this place. By 30 November, the Secretary of State failed to secure a debate in the timeframe he himself had suggested to the Committee. On 7 December, the Committee repeated the need for a debate and called for it to take place before mid-January 2017, recognising that the Secretary of State would not be bringing forth a debate by the earlier stipulated deadline of 13 December.
It was farcical. The Secretary of State had absolutely made it farcical, but it got worse. My office submitted a freedom of information request on 15 December requesting details of the correspondence between the Department and business managers regarding scheduling a debate on CETA since 1 December 2016. It may come as no surprise that the Department failed to respond within the suggested timeframe. However, a response was forthcoming by 25 January. Staggeringly, it admits in its response that the first attempt to bring forward a debate on CETA was not in July 2016, as one might expect, and not even in September when the House returned after summer recess. It was an email sent from an undisclosed official to the Government Chief Whip’s office on 25 October at 1.57 pm, just 24 hours prior to the Secretary of State’s scheduled appearance before the Select Committee.
For the avoidance of doubt, I want to reassure the House that the Secretary of State did not misspeak. He did not mislead the Committee in any way when he told the hon. Member for Stone that
“our officials are already working with business managers to identify a date”.
They had been: for a whole 24 hours and 33 minutes. If it should be that prior to being summoned to give evidence to the European Scrutiny Committee on why the Government had blatantly ignored the Committee’s limited and conditional waiver and the condition that a debate take place, the Secretary of State had instructed
his officials to come up with a cover, then at least the literal interpretation of his words was strictly accurate. More troubling is his apology to the Committee implying that there had been efforts to find time to schedule a debate, saying,
“I am sorry that the timescales meant that it was not possible to have a debate before decisions needed to be made on CETA in the Council.”