European Union (Withdrawal) Bill

Debate between Lord Cashman and Baroness Lister of Burtersett

Report: 2nd sitting (Hansard): House of Lords
Monday 23rd April 2018 Lords Chamber

[Baroness Lister of Burtersett]

My Lords, the noble and learned Lord, Lord Wallace, and the noble Lord, Lord Low, have made a strong case. I am perplexed as to what possible argument the Government could make against writing in the principle of non-regression of equality rights, given the numerous assurances they have given to us on their commitment to such rights and given that, as already explained, the amendment was modified to take account of objections raised by the Minister in Committee. I can only think that the Government want to retain some wriggle room for the future.

That suspicion was strengthened when I read in today’s i that the International Trade Secretary has pledged to cut bureaucracy and red tape to promote free trade post Brexit. As we have heard, the Red Tape Challenge removed some equality rights and would have removed even more if our membership of the European Union did not prevent it doing so. As the noble Lord, Lord Low, has pointed out, the Beecroft report, which was part of the Red Tape Challenge, repeatedly referred to the supposed constraints imposed by EU directives. Is it surprising that we are rather suspicious that when those constraints are removed, a future Government might wish to resile from some of these equality rights?

Finally, I will go back to something I have referred to more than once because I think it is so important. At Second Reading, the right reverend Prelate the Bishop of Leeds asked us,

“at the end of this process, what sort of Britain … do we want to inhabit?”.—[Official Report, 30/1/18; col. 1386.]

That is a question that we really must keep coming back to. For me, the principle of equality is absolutely central to the kind of Britain that I want to inhabit when we have—unfortunately—left the European Union.

[Lord Cashman]

My Lords, I added my name to this amendment but too late for it to be printed in the Marshalled List. I congratulate the noble and learned Lord, Lord Wallace of Tankerness, on the way he moved this extremely important amendment. He referred to our earlier discussions on the Charter of Fundamental Rights, when the House was nearly full, and this connects directly to that debate.

There are deep concerns, not only within the House but outside, among respected and established non-governmental organisations and, indeed, the Equality and Human Rights Commission. I would expect the Government to clutch this amendment with open hands and embrace it to their chest, but I have worked with the Minister in the European Parliament and I know that I am not about to see that happen—although, as my noble friend Lady Lister said, the amendment puts into words the assurances offered by the Government and Ministers.

As I said earlier, there are real, deep concerns that rights will be attacked once we leave the protection of the charter and the treaty establishing the European Union and the Treaty on the Functioning of the European Union. Most of these rights arise out of Article 13 of the treaty of Amsterdam, which gave the European Union a legal basis upon which to act on the grounds of race, ethnicity, religion, belief, age, disability or sexual orientation; gender was covered elsewhere. They define the very societies and countries in which we choose to live.

I look forward to the Minister replying and surprising me by saying that the Government take this amendment on board and will embrace it. If I am not surprised, I will return to this issue. Others outside the House will return to this issue. I believe that it defines the kind of country we want to be post Brexit. Now more than ever, we need to offer reassurances not merely within the two Chambers of this Palace but within the Bill.