European Union (Withdrawal) (No. 2) Act 2019

Baroness Ludford Excerpts

Wednesday 8th January 2020 Lords Chamber

[Baroness Ludford (LD)]

My Lords, we are an even more select little club than anticipated. I thank the Minister for that introduction, but I am just a little puzzled by Section 13 of the 2018 Act being proposed for repeal under the WAB, the current withdrawal agreement Bill. The statement says:

“The Government has no plans to have further negotiations”


on the withdrawal agreement, which I understand and recognise. But the Explanatory Notes to the withdrawal agreement Bill say that Section 13 is proposed for repeal to

“ensure that the Withdrawal Agreement can be ratified in a timely and orderly manner, and to remove provisions that are no longer needed.”

That clouded my brain, although it may be the late hour. Are the Government saying that the provisions in Section 13 of the 2018 Act are not needed because the withdrawal agreement Bill overtakes it? It is a little unclear. I recognise that the withdrawal agreement will not be reopened but the Explanatory Notes appear slightly to cloud the picture as to exactly why Section 13 is being repealed to allow the withdrawal agreement to be ratified in a timely and orderly manner. As I say, it may be that I am puzzled due to the late hour.

I turn now to the Benn Act, as we all call the European Union (Withdrawal) (No. 2) Act 2019. Will the Minister explain why the whole Act is proposed for repeal? What about Section 2(5)? It says:

“The Secretary of State shall make a further report … at least every 28 calendar days starting on 7 February 2020 either until an agreement with the European Union is reached or until otherwise indicated by a resolution of the House of Commons.”


The point is that Section 2 of the Benn Act has the heading:

“Report on progress of negotiations on the United Kingdom’s relationship with the European Union.”


Unlike the 2018 Act, which goes on to refer specifically to the withdrawal agreement and the political declaration, it seems to me that this provision is not limited to the withdrawal agreement and the political declaration. It talks only about the progress of negotiations on the UK’s relationship with the European Union. Surely that extends to negotiations on the future relationship. I do not appreciate how this Act—particularly Section 2(5), which talks about future reports—can be deemed ripe for repeal in these circumstances. Perhaps the Minister will reply on that.

This is particularly apposite given that, as we will discuss next week, the December version of the withdrawal agreement Bill removes what was in the October version about parliamentary oversight. It rips away what was in the October Bill because the Government say that, because they have a mandate now, they do not need any continuing parliamentary accountability on the progress of negotiations on the future relationship, and it rips away the Benn Act as well. It is not clear to me why this is, because Section 2 of the Benn Act is not limited to the withdrawal agreement. Will the Minister explain?

Finally, I thank the Daily Mirror for drawing my attention to something called the Regulatory Policy Committee. I had never heard of it but apparently it is an independent body sponsored by BEIS which issues opinions on the quality of departments’ assessments of the potential impacts of regulatory proposals. It gave an opinion on the impact assessment that the Government issued on the October version of the withdrawal agreement Bill. Given the short time available, the committee decided not to give a rating and to suspend judgment on whether the impact assessment was or was not fit for purpose, but it identified a number of areas where it could benefit from improved evidence to the level that the Regulatory Policy Committee would normally expect to see.

It therefore gave the Government a pass in October, recognising that everything was done in a hurry. It was particularly worried that there was a lack of quantification of the impact on business of the regulatory requirements under the Northern Ireland protocol, and stated that

“if significantly more time was available … we would expect the Department to expand the analysis and submit a revised IA”

for RPC scrutiny. This has not happened, so yesterday the RPC issued another statement:

“The Government have not revised the October IA to reflect either the comments in our October opinion or the changes made to the Bill at its re-introduction to Parliament in December. Our opinion, therefore, remains that the quality of evidence in the IA is not at the level that we would expect to see in a final stage IA.”


This brought some rather robust comments from my colleague in the other place, Alistair Carmichael, who said:

“At every step of the way, the Tories have tried to disguise the damaging and dangerous consequences of their Brexit plans. The Government must stop running away from the false promises that they have made and be honest with the public about what they have in store for them with their hard Brexit plan. It’s about time that Boris Johnson started being honest with our people, rather than hiding the true price of a hard Brexit. What do they have to hide?”


I bat that question to the Minister, to answer if he would.