European Union (Withdrawal) Bill

Lord Kerslake Excerpts

Committee: 2nd sitting (Hansard - continued): House of Lords
Monday 26th February 2018 Lords Chamber

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I rise as a co-signatory to Amendment 35. I usually come to these debates feeling that I understand all the issues involved and, within minutes, I am confused by contradictory legal opinions and by arguments from across the House on issues that are not even relevant to the Bill. So can we go back to basics? I feel like the woman on the Clapham omnibus who is just seeing common sense. The fact is that the Government promised to bring over all EU law and are choosing to exempt this aspect of it. I do not understand that; they break a promise at their peril, because people out there will not understand.

I could not do better than repeat some of the things said by the noble and learned Lord, Lord Goldsmith, about the Equality and Human Rights Commission. Let me read again what it says:

“The simplest and best way of achieving the Government’s intention that substantive rights should remain unchanged and ensuring legal certainty is to retain the Charter rights in UK law”.


I do not understand why the Government do not see that as well. The legal opinion produced for the Equality and Human Rights Commission by Jason Coppel QC, which we have heard of already, states that failing to keep the charter will result in,

“a significant weakening of the current system of human rights protection in the UK”.

Why is that not accepted? It is a legal argument. Have the Government read that opinion? If so, will they re-read it and give us a considered response to it? It clearly has a validity that I doubt the Government’s position has.

The noble Viscount, Lord Hailsham, spoke about being on the centre ground, which I did not entirely agree with. I feel that I am on the centre ground; I feel that I, here, can at least express things that I hear out on the street. Out on the street, people think that the Government are going to keep all EU law and then amend it when it comes. That was the promise, so why are the Government refusing to fulfil it?

[Lord Kerslake (CB)]

My Lords, I want to speak in favour of Amendment 34 and in support of the other amendments in this group that seek to retain the EU Charter of Fundamental Rights in UK domestic law. I did not speak at Second Reading, in good part out of recognition of a long list of speakers. I hope that the Committee will accept my apologies and my contribution this evening.

The key question here is not whether one was for or against leaving the European Union, nor is it whether one agrees with every aspect of the charter; neither of those points is relevant to this debate. It is whether there are sufficient grounds to exclude the charter from being transposed into UK law in exception to every other law being so transposed. In my view, there is no argument that, if we exclude it, we will see a weakening of our rights. That is very clear from the analysis that we have had from the commission and others.

There is no doubt that excluding the charter will lead to confusion and uncertainty in the law—that, too, is made clear in the analysis by other lawyers. So the question one has to ask is: are the grounds for excluding the charter compelling? I have not been persuaded that they are.

When Ministers say that something is not necessary, I get nervous. It usually means that it really is necessary but they do not want truly to state the reasons why. That is the reality here. The hard truth is that people speaking against the charter’s inclusion do not like it. That is a perfectly reasonable position to take but, if they do not like the charter, that is a debate for further legislative change in the future; it is not a reason for accepting it now.

The public expect us to act with integrity and to do what it says on the tin in relation to this Bill. The two things that have been very clear right from the off on this Bill are that it will not see a diminution of rights and it will not try to change legislation from the EU but will transpose it, followed by a proper debate in this House about where change is needed. Unless those advocating the charter’s exception can come up with compelling reasons why it cannot be incorporated, the balance of argument must be for it to stay and be transposed into UK law.

I say to the Government: when you are in a hole, stop digging. This should be agreed; it is a straightforward amendment that we can make in this Parliament. It does not, mercifully, await the outcome of the deal or anything related to it; it is a simple matter of integrity in the process that we are carrying out through the Bill. We should support the amendment.