(5 years, 2 months ago)
Lords ChamberPerhaps it would assist the House if one could point out that there has been a general election since the referendum. The Bill is about rejecting no deal, and at the general election in 2017, 53.2% voted for parties that opposed no deal—17.1 million people—and only 14.4 million people, 45.1% of the electorate, voted for the Conservatives, the DUP or UKIP, which would sanction no deal. So the people spoke then, and in the 2019 EU election 44.4% voted for the Brexit or Conservative parties while 54.4% voted for parties that were opposed to no deal, which is what the Bill is about.
Then the noble Baroness should be very confident about supporting my amendment and voting for a general election.
When I spoke after the disgraceful closure of debate on the amendment of the noble Baroness, Lady Deech, I said that we were now in a situation—the public and the world know this—where the Government were not in control of matters relating to Brexit. Power on those matters rests with a majority in the House of Commons. That majority is served—perhaps driven—by a group of people, some of whose names appeared on the back of the Commons print of the Bill, who are taking decisions, thinking up clever wheezes and have now put forward legislation designed to frustrate the will of the people and an Act passed by this very Parliament that states that we should leave on 31 October.
Who are these people? We know who the members of the Cabinet are. We know who the Cabinet Secretary is. We know who gives the legal advice to the Cabinet. We know the civil servants involved. But who are the people who meet and seek to decide the destiny of this country in relation to legislation on Brexit? Who are those behind this Bill and behind the strategy of the remainer group in this country? Where are their names? They must be accountable in the same way as the Cabinet.
I return to the fundamental point—
(5 years, 4 months ago)
Lords ChamberMay I put to my noble friend some alternatives to his four points? This amendment is not about stopping Brexit but about preventing the use of Parliament to force through a means of Brexit which has been expressly rejected by this House and which has no democratic mandate. If our future leaders have refused to rule out doing that, this is something which we in this House are faced with having to do, reluctantly. Prorogation is normal in Parliament, but will my noble friend recognise the difference between Prorogation in order to force through something that has been expressly rejected by Parliament rather than the normal means?
I did not count how many words there were in her conditional thing about “expressly used to force through something that has been rejected by Parliament, blah blah blah”, if I may say so, with respect. That is a construct that was created, and we have heard it from the noble Lord, Lord Pannick. It is not possible to construe what the motive of a Prime Minister in a private audience might be for seeking a Prorogation. I do not think we should ask the courts to do that, although we have the right to do so. On her other point, we have statute. This is not about stopping Parliament legislating. I tried to make this point earlier: after the Gina Miller case, Parliament legislated. We are leaving the European Union, and in law we are leaving on 31 October. I am afraid her arguments do not stand up.
I want to finish, and that will please noble Lords. I believe it is a bad way to treat Parliament to festoon a fast-tracked Bill with extraneous matters such as this. In my submission, it is a particularly insulting way, in this case, to treat the good people of Northern Ireland. They deserve far better than having their future provision made the plaything of others with other axes to grind. This is a Bill about the formation of a Northern Ireland Executive, which we all very much wish to see. We should return to that.
Amendments such as those before us were rejected in the House of Commons. Elected Members have had their say on this matter. Are your Lordships really going to reopen all this and slug it out on this Bill—this Northern Ireland Bill—day after day on a fast track in an undignified ping-pong to provide a battlefield for hardline remainers and devoted respecters of the people’s choice? Surely we can do better than that. Let us dispense with this parliamentary chicanery, reject these amendments and deal with the important business relating to Northern Ireland. The Commons rejected the amendments. Let us do the same and move on to the business in the Long Title of the Bill.
(5 years, 8 months ago)
Lords ChamberNoble Lords may know but they need to be reminded and the world outside needs to understand. The last proposition was that in relation to this Bill, shoved through the House of Commons late at night, which a former Leader of the House has just risen to tell us has flaws which need to be examined and addressed in Committee, we should be prepared not to set aside the Standing Orders but to look at its different stages on different days. Perhaps we could take the Second Reading today and take the remaining stages on another day. Is that such an unexceptionable proposition? Is that not what your Lordships are here for? I repeat the question I put earlier: why do your Lordships come here, if not to scrutinise? What is the purpose of the House if not to scrutinise properly?
I thank my noble friend for giving way. I just make the point that this House has been asked by the other place to consider a Bill that it would like to pass. We are debating issues here that could have been debated on so many other occasions. We have been passing statutory instruments for no deal without impact assessments and without proper consultation. We have overridden, when it has been convenient for those who perhaps want to leave with no deal, but this is about stopping us crashing out with no deal and giving the Prime Minister the support she may need to stand firm and go back to the European Union to ask for a longer extension so that we do not crash out with no deal.
My noble friend is entirely wrong. That is not the point before the House in this Motion. Indeed, the procedure I have suggested would still allow the Bill to be passed. However, since when has it been the function of this House to say “Yes, sir” to any piece of legislation suddenly rushed down the Corridor? That is the proposition being put to us by my noble friend Lady Altmann: “The House of Commons has asked us to pass this, so we must be pass it. Get on with it”. Every time someone comes to this House bearing papers with a green ribbon on them, they are asking us to agree. Of course they want us to agree and they would probably prefer us to do so quickly, but we do not have to. That is called freedom and it is called scrutiny. It is also called consideration, but none of that is allowed for in the procedures that have been put before us today. The Bill comes with no Explanatory Notes and not even a name on it, as the noble Lord, Lord Rooker, admitted, yet we are being asked to pass it in a hurry or we are behaving badly. The day when the House of Lords is behaving badly because it is giving proper due consideration to a proposed Act of Parliament in the time that is sufficient and necessary for it to do so, as the noble Baroness asks in her amendment, is the beginning of the end for the House of Lords. That will be when the House of Lords says, “Yes, sir, we all want to go home”. I am sorry, but we need to be mindful of the importance of proper procedures.
I do not care for tweeting but I know that the noble Baroness, Lady Hayter, is a great tweeter. I was sleepless last night, thinking about what I might say today, so I had a look at what she had been tweeting. Your Lordships will be interested to know that on 24 February—you can look it up—she sent out a tweet complaining that the Government might want to get the withdrawal Act through in 10 days. She tweeted that the House of Lords does not have programme Motions; the House of Lords needs time to consider things. That was on 24 February.
It ought to be 1 April today—it is 4 April—because the noble Baroness has come forward with a programme Motion in which she says that the House of Lords cannot have more than one day to consider this matter. I do not eat Devonshire clotted cream, but I find the noble Baroness’s position as rich as that.
While I am talking about the noble Baroness, I feel I must say how discourteous it was to the House to table this Motion so late. We heard from the putative Prime Minister, Sir Oliver Letwin, yesterday morning that he had been discussing matters with his friends down the Corridor—who are here in person—so why could she not have tabled this Motion before that? She tabled it before the Bill had arrived from the House of Commons and knew what was there. She could have given better notice to the House but failed to do so. She tried to bounce the House at the very last minute and then came up with this trumpery that something has to be passed quickly when the Prime Minister has already said that she will do what the Bill asks her to do.
What nonsense is this? Why are noble Lords going along with this nonsense and being prepared to set aside their Standing Orders?
(6 years, 9 months ago)
Lords ChamberMy Lords, I support Amendments 40, 89A, 129A and 157A, to which I have added my name. I am grateful to the noble Baronesses, Lady Lister, Lady Drake, Lady Burt and Lady Greengross, whose names are also on the amendments. These amendments deal with issues that, as the noble Baroness, Lady Drake, so passionately and rightly said, will impact half the population of this country and would potentially reintroduce rights that would otherwise be lost for women, carers and parents. These measures have support from many groups representing women’s interests. I am grateful for briefings from the National Alliance of Women’s Organisations, Working Families, Carers UK and the Fawcett Society, among others. It is vital that we protect existing protections and equality law for women and carers, and maintain these protections into the future.
The EU has been a leader in equal rights for women. I am proud that the UK has been a principal player in Europe on this agenda. Measures such as rights for part-time workers, sex discrimination laws that put the burden of proof on the defendant and the right to request flexible working have all contributed to a far more female-friendly and family-friendly working environment for millions of employees across the UK. Brexit must not put women’s progress and prosperity at risk. It must also not dilute parental and paternity rights.
The Bill as drafted does not provide sufficient protection for hard-won equal rights that we have already attained. It introduces risks that rights will be weakened in future and fails to contain safeguards to ensure that the UK does not fall behind future EU advances on these issues. That is why these amendments seek to put in the Bill specific protections for the rights of important groups, including part-time workers and carers. The Government said that they intend to retain the current rights and protections, but why would they then resist putting them into the Bill explicitly? I hope that the Minister will come back on Report with his own proposals to this effect.
As we debated last week, the UK must not lose rights derived from the European Charter of Fundamental Rights. I suggest to my noble friend Lord True that the reason why there has been such a lengthy debate on individual areas of UK rights, including this series of amendments about women and carers—I echo the words of the noble Baroness, Lady Drake—is that the Government have chosen to exclude the charter of fundamental rights and unfortunately have raised suspicions that they seek to weaken rights after Brexit. Ministers must not be given powers that could enable them to bypass Parliament to weaken such rights. It is true that the charter covers rights contained in other UN treaties that have been ratified by the Government. However, those treaties are not incorporated into UK law. Therefore, they do not provide the same protections. These amendments aim to introduce specific safeguards into the Bill. I am sorry if my noble friend believes that these issues are not sufficiently worthy to be debated in this Chamber.
I have made it absolutely clear that I consider these to be important issues. The points I made were entirely about the way in which progress is being made on this Bill. I would be extremely grateful if my noble friend did not impute to me things that I did not say and do not think.
I am most reassured to hear my noble friend’s words, but it is unfortunate that that issue was raised on this set of amendments about women, with the suggestion of moving to the Moses Room. I assure him that there are many on these Benches and across the Chamber who believe these issues to be extremely important for our country.
Many noble Lords across the House are concerned that the UK must not fall behind on gender equality and women’s rights. As we have seen recently, there is still some way to go before we can say that we have achieved gender pay parity and there remains a need further to improve women’s rights. Sadly, I have seen all too often women’s issues fall under the radar of policymakers. There are many loopholes in UK law which penalise women predominantly. For example, in the area of pensions, part-time workers, usually women, still fall through cracks in both the national insurance and auto-enrolment pension systems, leaving them disadvantaged. Any weakening of women’s rights and protections is moving entirely in the wrong direction.
The new clause proposed by Amendment 40 would help protect us from falling behind the EU. A practical example is the directive on work/life balance for carers and parents which the EU will bring in but not until after March 2019. The majority of carers for elderly parents tend to be oldest daughters in their late 50s or early 60s—I declare an interest as one such. The forthcoming EU directive would introduce carer’s leave, which can be so important to help women who might otherwise have to leave work altogether. Women who stop work to care for loved ones when they are in their 50s or beyond usually never return to the workplace, denying them the chance of a richer retirement and wasting their valuable skills. Ensuring that we do not fall behind when the EU introduces protections for carer’s leave is extremely important for women. We should not weaken rights and protections which they would otherwise enjoy. The amendments would not force the Government to adopt new EU laws and regulations, but they would ensure that Parliament had the opportunity to protect the position of the UK and keep pace with, or even exceed, improvements in these areas in the EU in future.
This Bill and earlier debates this evening highlight vividly that the Government’s proposed legislation does not ensure the objective of transferring EU law into domestic law in all its aspects, nor does it achieve the same protections and rights as citizens have at the moment. There will be a watering-down, which is not appropriate for a country that has spent so much time and energy on enhancing the rights, protections and position of women, part-time workers, carers and families. To countenance measures that put those achievements at risk is unacceptable. I hope that the Government do not wish to risk the UK falling behind or moving backwards on these issues, and that my noble friend the Minister will return on Report with proposals of his own which can achieve the aims of the amendment.