European Union (Withdrawal) Bill

Lord Swire Excerpts

Committee: 6th sitting: House of Commons
Tuesday 12th December 2017 Commons Chamber

[Deidre Brock (Edinburgh North and Leith) (SNP)]

I speak in support of the amendments to clause 7 in the names of my right hon. Friend the Member for Ross, Skye and Lochaber (Ian Blackford) and other hon. Members. As my hon. Friend the Member for Edinburgh East (Tommy Sheppard) has already mentioned, they are amendments 264, 222, 73, 233, 234, 239, 240, 266, 269, 272 and 161. They are important because they go to the heart of the debate on democracy—whether so much power in so many important areas should be exercised by Ministers without substantial oversight by Parliament. I have not been reassured by the Minister’s lengthy response.

Particular importance has to attach to protecting the rights of consumers and of workers, and I was disappointed at the Minister’s rejection of the amendments we suggested. We have heard some rumblings from Government Back Benchers and fellow travellers that leaving the EU is an opportunity to strip away protections from workers, consumers and the environment, and to cut supposed “red tape” from manufacturers and producers. The hon. Member for Wakefield (Mary Creagh) reminded us of the previous views of the Secretary of State for Environment, Food and Rural Affairs on this. The Foreign Secretary has also been one of these siren voices in the past, and the Brexit Secretary wrote an article during the EU referendum in which he said:

“The continental response to competition is, rather than trying to compete, to make sure that regulation tilts the playing field in their favour.”

He also said that:

“while the single market may seem like a good idea, in reality it has distorted market incentives, reduced competition and burdened European economies with unnecessary regulations.”

So there are people at the very heart of the UK Government who seriously believe that regulations designed to keep us safe and to prevent us from being ripped off, and regulations to ensure that the environment gets a break and that workers get paid and protected properly, are bad things. There are Cabinet Secretaries of the opinion that these things were invented by European bureaucrats as a weapon against UK productivity—that truly is health and safety gone mad.

I mention the current Government members to make it clear that there is a clear and identifiable danger to our continued safety, to the standards we expect in goods and the services we buy, and to the rights that workers enjoy—and it occupies Whitehall today.

As has been said by other Members, the extent of the power aggregation is such that it would leave Ministers, in effect, changing primary legislation by fiat. This is a coup, a very Tory coup, that is seizing power from this place—the power to create and amend legislation—and centralising it in the hands of a few who would have nothing to do with these protections and who would claim that we did well enough without them before.

[Sir Hugo Swire (East Devon) (Con)]

Does the hon. Lady believe that the British electorate were better protected when these powers resided in Brussels, as they indeed still do? Does she think the people making these decisions in Brussels were more accountable than Ministers will be in this House after we leave?

[Deidre Brock]

This is exactly the point, is it not? Under this form of legislation Ministers will not be as accountable to this House. I am also of the view that environmental legislation, for example, has been well served by the European Parliament, so I have to disagree with the right hon. Gentleman.

Parliamentary scrutiny would be severely limited by the form of statutory instrument being proposed, but the sheer volume of secondary legislation that is likely to be washing through the system will render effective parliamentary scrutiny almost impossible. We need checks and balances inserted into the system to ensure that there is not legislation made in haste for which we all repent at leisure. I welcome the fact that at least a sifting committee has been accepted by the Government, but it does not go far enough. It would be a sensible argument for this secondary legislation, where it is necessary, to be subject to the super-affirmative procedure. I would like to hear from Ministers why that has not been considered or, if it has, why it has been rejected. Such an approach would not solve the problem, but it would, at least, nod in the direction of solving it.

We also have to recognise that other Administrations have a substantial interest in these decisions, and a degree of co-operation and respect is required. Therefore, “taking back control” has to have an element of that good, old-fashioned, EU principle of subsidiarity. Decisions that have large impacts on the devolved Administrations should be co-decisions. That is why the Joint Ministerial Committee should be involved in making them; it is why there should be proper consultation across the Administrations before changes are made to social security provisions; and it is why there should be consent from the Welsh and Scottish Administrations for any changes to the law that affect provisions within devolved competences.

We have heard the opinions of parliamentary Committees and of outside bodies. I know that experts are not viewed particularly favourably on the Government Benches, but they do have an important role to play, and many experts, including the Law Society of Scotland and the Equality and Human Rights Commission, have expressed serious concerns. Those concerns should be heeded in this place and heard by Ministers. It is clear that the furious Brexiteers who drove on when sensible voices were urging caution have ignored this advice:

“Heat not a furnace for your foe so hot

That it do singe yourself.”