European Union (Withdrawal) Bill
Lord Wallace of Tankerness Excerpts(6 years, 3 months ago)
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“Equality and discrimination
(1) The purpose of this section is to ensure that the withdrawal of the United Kingdom from the EU does not diminish protection for equality in domestic law.(2) All individuals are equal before the law and have the right to the equal protection and benefit of the law.(3) All individuals have a right not to be discriminated against by any public authority on any ground including sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation.(4) The following provisions of the Human Rights Act 1998 apply in relation to the rights conferred by subsections (2) and (3) as they apply in relation to Convention rights within the meaning of that Act—(a) section 3 (interpretation of legislation);(b) section 4 (declaration of incompatibility);(c) section 5 (right of Crown to intervene);(d) section 6 (acts of public authorities);(e) section 7 (proceedings);(f) section 8 (judicial remedies);(g) section 9 (judicial acts);(h) section 10 (power to take remedial action);(i) section 11 (safeguard for existing human rights); and(j) section 19 (statements of compatibility).”
Lord Wallace of Tankerness (LD)
My Lords, Amendment 70A stands in my name and that of the noble Lord, Lord Low of Dalston, and the noble Baroness, Lady Lister of Burtersett. It seeks to insert a new clause on equality and discrimination to ensure that the withdrawal of the United Kingdom from the European Union does not diminish protection of equality in our domestic law.
In their White Paper Legislating for the United Kingdom’s Withdrawal from the European Union, it is fair to say that the Government set out very strong commitments to continuing many of the equality laws that exist. Indeed, on Monday evening the noble Lord, Lord Duncan of Springbank, in replying to a debate on family and employment law, gave a very forthright and unequivocal commitment to retaining employment law and things such as the working time directive after we leave the European Union. On page 16 of that White Paper we were promised that,
“all the protections covered in the Equality Act 2006, the Equality Act 2010 and equivalent legislation in Northern Ireland will continue to apply once the UK has left the EU”.
As I said, the purpose of the amendment is to ensure that that is future-proofed.
It is fair to say that the relationship between the development of equality law in the European Union and domestically in the United Kingdom is almost what you could describe as symbiotic. There is no doubt that in many cases—I think this has already been aired in earlier debates—the minimum standards set down by the European Union have been exceeded by what has been brought in in the United Kingdom. On other occasions, the changes that have come about—for example, in 2003 with the expansion of protected characteristics to cover sexual orientation and religion or belief and a subsequent extension to cover age—have been as a result of European law. However, the extension to cover goods and services saw our domestic law overtake that of the European Union. Therefore, there has been progress, but an important part of that has been our membership of the European Union.
It is important to recognise that the Women and Equalities Select Committee of the House of Commons, in a report in February 2017, concluded:
“Ensuring that equality protections are maintained is not simply a matter of transposing existing EU law. In order to protect rights, the Government needs to take active steps to embed equality into domestic law and policy. The steps we recommend would entrench equality into the UK legal and policy framework and would ensure that the UK retains a strong, undiminished record of equality after it leaves the European Union”.
The purpose of the amendment is to give substance to that conclusion of the Women and Equalities Select Committee in the other place, and I am indebted to the Equality and Human Rights Commission for instigating this amendment.
As I have indicated, equality rights are currently underpinned by EU law. The right to equal pay for work of equal value, the protection of pregnant workers and many others cannot be removed from our domestic law as long as we are part of the European Union. However there are concerns that at some stage in the future a Government—not necessarily the present Government—may seek to erode these rights. The amendment seeks to provide an overarching domestic guarantee of non-discrimination by the state—in other words, a homegrown replacement for the safety net for equality rights which are currently provided under EU law.
Of course, a sovereign United Kingdom Parliament could at any stage repeal this provision but if it is in statute it would be much more difficult to take it away after it has been clearly set out. The Government’s difficulties in trying to remove the Human Rights Act show that when legislation is in statute it achieves a certain safeguard which Governments have to think twice—if not three or four times—about before trying to dismantle.
The right of equality builds on our common law principle of equal treatment without discrimination and is an important signifier of what kind of country we want to be after we leave the European Union. It is similar to what was said in the previous debate on environmental protection. Many of the environmental protection laws have come into the United Kingdom through the European Union. We have often built on them but, as we look forward, we want to be a green country which values fairness and equality.
The amendment’s application would not be confined to Brexit-related legislation but will be an enduring new right in United Kingdom law. It will strengthen protection, for example, for children, who currently have limited protection from unjustifiable discrimination under our domestic law. Subsection (2) of the proposed new clause in the amendment provides:
“All individuals are equal before the law and have the right to the equal protection and benefit of the law… All individuals have a right not to be discriminated against by a public authority”.
Although they sound similar they are different things. Equality before the law means that the law must apply equally to everyone, so outlawing laws that have a directly discriminatory purpose. However, equal protection and benefit of the law means that laws must not have a discriminatory impact or effect unless it is justifiable having regard to the policy aim—for example, a law which caps benefits may apply to everyone but, in practice, a large proportion of those affected may be lone mothers and children and therefore such a law could affect them disproportionately and be incompatible with the new right unless it could be justified.
The proposed new clause also calls for a ministerial statement of compatibility, which parallels what is required in the Human Rights Act. It will support effective parliamentary scrutiny of new laws as parliamentarians in both this House and the other place consider the Government’s explicit policy justification for any potentially regressive measure. The right to challenge discriminatory laws in the courts provides an essential mechanism to ensure that the new right is enforceable by those affected. It will not impact solely on justifiable different treatment, so ensuring that the courts can take account of the policy justification for the measure in question, and will provide the flexibility necessary to deal with new and unforeseen circumstances.
The enforcement mechanism in the amendment is the same as for the convention rights under the Human Rights Act, with which our courts are wholly familiar when considering compatibility of laws with fundamental rights. It is completely different and distinct from the scheme under the Equality Act 2010. The provision will operate alongside existing rights in the Equality Act 2010 but will not replace them. Where the Equality Act 2010 provides an exception to the prohibition of discrimination because Parliament has determined that specific conduct should not be unlawful, this would also be expected to be treated by the courts as justifiable under the new right for the same reasons.
This is an important proposal. It is intended to apply across the United Kingdom but obviously its application in Scotland, Wales and Northern Ireland would require discussion with the devolved Administrations. The amendment seeks to ensure that the equality rights which have been developed as part of our membership of the European Union—of which we are justifiably proud—will be proofed into the future as we leave the European Union. I commend the amendment to the House. I beg to move.
Lord Adonis (Lab)
My Lords, I have four amendments in this group. They raise exactly the same issues as those raised by the noble and learned Lord and I have nothing to add.
Lord Mackay of Clashfern
My Lords, I am sorry but that is not exactly the question, which was on the effect of the retained EU law brought into this country, assuming it is given the status of primary legislation. That is a different question from the one the noble Lord, Lord Low, has kindly answered. But it is quite an important question, because there is a danger at least of a degree of conflict between the two. It is just a question that I do not know the answer to.
The Minister of State, Department for Exiting the European Union (Lord Callanan) (Con)
The noble and learned Lord, Lord Wallace, will have the opportunity to respond to the question posed by my noble and learned friend Lord Mackay after I have set out the Government’s position.
I thank noble Lords for this brief debate on this extremely important subject. Amendment 70A, tabled by the noble and learned Lord, Lord Wallace of Tankerness, seeks to ensure a firm basis for equalities protections as we leave the EU. In that sense, and in response to the noble Baroness, Lady Hayter, I of course understand and sympathise with the motivation behind the amendment and recognise the noble and learned Lord’s interest, shared by many others on all sides of the Committee. Indeed, the noble Lord, Lord Adonis, tabled Amendments 101A, 133A, 161 and 259 —I thank him for his brevity in not addressing them—which seek to restrict the powers in Clause 7 from making any changes to equalities and human rights legislation.
However, as I will endeavour to set out for the benefit of the Committee, we believe that these amendments are unnecessary given our commitment to maintaining existing equality and human rights legislation and, more widely, to sustaining our strong track record in this area. Amendment 70A would in fact give rise to significant new rights—which is not, of course, the purpose of the Bill—and in all likelihood would raise difficult questions, as my noble and learned friend Lord Mackay indicated, regarding legal certainty.
The Government have already made clear our commitment that all the protections in and under the Equality Acts 2006 and 2010 and equivalent legislation in Northern Ireland will continue to apply once the UK has left the EU. This has been stated unequivocally on several occasions, including in the March 2017 White Paper that preceded the Bill, the equality analysis we published in July 2017, and in the government response of October 2017 to the Women and Equalities Select Committee’s report, Ensuring Strong Equalities Legislation after the EU Exit.
As further assurance, the Government tabled an amendment in the other place—now paragraph 22 of Schedule 7—that will secure transparency in this area by requiring ministerial statements to be made about amendments made to the Equality Acts under each piece of secondary legislation under key powers in the Bill. These statements will in effect flag up any amendment to the Equality Acts and secondary legislation made under those Acts, while also ensuring that Ministers confirm that, in developing their draft legislation, they have had due regard to the need to eliminate discrimination and other conduct prohibited under the 2010 Act. We further confirmed in the other place that similar statements will be made in relation to other Brexit Bills. So we have clearly shown our commitment to maintaining the protections in our existing equality legislation, and ensuring that Brexit will not see the UK somehow regressing in this area. In contrast, Amendment 70A would go much further by creating new freestanding rights which would, indeed, apply in circumstances where the Charter of Fundamental Rights does not. Let me take a few moments to explain this in a little more detail.
First, subsection (3) of the new clause proposed by Amendment 70A takes an element from the Charter of Fundamental Rights, strips it of its original context and creates from it an exceptionally wide-ranging anti-discrimination duty. The effect of this is to go well beyond the requirements of the equivalent charter rights, which, as has been said, apply to member states only when they are acting within the scope of EU law, and well beyond the requirements of current domestic law. It would, for instance, introduce a legal duty on public bodies not to discriminate on grounds of language, property, birth or political opinion. That may sound reasonable on the face of it, but if we consider language for a moment, this duty could, for example, give all non-English speaking users of government services a right to claim discrimination if any of those services is available only in English and not in their own first language. This could ultimately mean that all public services would have to be provided in a very wide array of languages, at a substantial and disproportionate cost, which perhaps would even make some discretionary services unviable.
As many noble Lords will be aware, the key wording of subsection (3) of the new clause proposed by Amendment 70A originates in Article 14 of the European Convention on Human Rights. Again, I want to be very clear on this point: nothing in the Bill affects the Government’s ongoing commitment to the ECHR, which is, of course, given further effect in domestic law by the Human Rights Act 1998. Against this backdrop of clear commitments to the European Convention and to maintaining all the protections in and under the Equality Acts, I respectfully suggest that the concern expressed about the future of equality rights after we leave the EU and the assumption that new freestanding anti-discrimination rights are in some way needed to offset the impact of our exit is misplaced.
The Equality Act 2010 is the cornerstone of our equalities legislation. It covers all the requirements of the four existing EU equality directives but also goes much further. For example, our ground-breaking gender pay gap reporting requirements and our public sector equality duty have no equivalent in EU law. Also, there is no existing EU directive that prohibits, as our Equality Act does, discrimination by providers of goods or services because of age, disability, religion or belief and sexual orientation. We are proud of the UK’s track record on equalities and we do not need to be part of the EU to sustain that excellent record.
Subsection (2) of the new clause proposed by Amendment 70A seeks to establish a legal provision that everyone is equal before the law. However, that very principle is already reflected in the rule of law in the UK and is one of the longest-established fundamental principles of the UK’s constitution. The common law requires public authorities to act reasonably when exercising their powers, and this includes a requirement not to discriminate arbitrarily between different cases.
Finally, subsection (4) of the clause proposed by Amendment 70A would, albeit without directly amending the Human Rights Act 1998, have the effect of linking the new rights created by subsections (2) and (3) to the framework of key provisions in the 1998 Act. Again, with respect, I must say that I do not think that this is appropriate. We believe that it would create legal uncertainty and confusion, not least around the existing prohibition on discrimination under Article 14 of the ECHR, as set out in the Human Rights Act 1998. The bottom line is that substantive new rights are not consistent with the intended purpose of the Bill, which is about maintaining the same level of protection on the day after exit as before. It is not intended to be a vehicle for substantive legislative changes such as those proposed and so we cannot accept Amendment 70A, and I hope that the noble Lord feels able to withdraw it.
It is also to this end that, while we agree with and understand the honourable intentions behind the amendments of the noble Lord, Lord Adonis, we cannot accept them as the legislation that underpins these rights and protections will contain many provisions that will become deficient after our exit. Indeed, the response that the Government put out in October 2017 highlighted some of these deficiencies. For example, the Equality Act refers in several places to EU or to Community law. These references are likely to need to be replaced with the term, “retained EU law”. As such, we believe that it is essential that the Clause 7 power is able to address these deficiencies so that we can ensure that the legislation that safeguards these rights and protections can continue to function effectively—which is what I would have thought we all wanted to see. Without this ability, businesses and individuals may be vulnerable to the resultant gaps in the law, which would be counterintuitive to the intentions of the noble Lord.
Equally, it cannot be the intention of the noble Lord to prevent the Government remedying a breach of our existing international obligations using Clause 8. Both these clauses are subject to the same restrictions on amending the Human Rights Act and the same equalities transparency requirements. In relation to Clause 9, to which Amendment 161, also in the name of the noble Lord, Lord Adonis, refers, one of our clearest similarities with the EU is our shared historic belief in the values of peace, democracy, human rights and the rule of law. It is extremely difficult therefore to envisage that any withdrawal agreement we negotiate with the EU, and by extension the Clause 9 power to implement parts of that agreement, will somehow undermine human rights and equalities law. Rather perversely, Amendment 161 would actually prevent Clause 9 strengthening human rights or equality law on the basis of something agreed in the withdrawal agreement with that effect.
However, as I have already set out, Clause 9 is, like Clause 7(1) and Clause 8, explicitly prohibited from being used to amend, repeal or revoke the Human Rights Act or any subordinate legislation made under it. In the case of Clause 17, I reassure the Committee that these powers may be used only in consequence of, or in connection with, the coming into force of a provision of the Bill itself. We expect that any changes made to equalities or human rights legislation to deal with the provisions of the Bill will be to ensure that the changes caused by the Bill are properly reflected in the statute book and that there is smooth transition in the law. To continue to work effectively and appropriately, the statute book must be tidy. Case law and other legal authorities provide a narrow scope for Governments to exercise consequential and transitional powers of this type. As such, they cannot be used to make truly substantive changes to equalities or human rights legislation.
I hope that what I have been able to say has satisfied noble Lords that the Government remain committed to maintaining equalities and human rights protections throughout the process of leaving the EU and I hope that that will enable the noble Lord to withdraw the amendment.
Lord Callanan
I think my noble friend the Leader will be setting out our proposals for the sifting committee in this House. I have not seen the details, but my understanding is that there will be recommendations to the Minister.
Lord Wallace of Tankerness
My Lords, I thank all noble Lords who took part in this debate and I thank the Minister for his reply. He will perhaps not be surprised to learn that I was not wholly satisfied with his reply—although in fairness there was some common ground. He, like me, referred to the White Paper of March 2017 and the commitments that the Government made. Indeed, I accepted and acknowledged that in many cases the rights that have been established in relation to equality in this country have sometimes exceeded those in the European Union. However, that somewhat misses the point, because what I sought to do with this amendment was to ensure that, as we go forward and leave the European Union, these rights will still be there and that no future Government will be able to row back on them without having to give a proper explanation to Parliament.
The Minister made a couple of other points and I will reflect on what he said. I wonder about making the same offer as the noble Lord, Lord Deben, made in the previous debate: if he thinks that some of these go too far, if he and I were to meet and he were to excise the ones he thinks take it beyond what is already there, would he then be prepared to accept an amendment on Report without these? That might be something he would wish to consider.
I also note that while he made the point in relation to subsection (2):
“All individuals are equal before the law”,
as I did in my remarks, that that is part and parcel of our common law, he did not have anything to say about the second part, which refers to having,
“the right to the equal protection and benefit of the law”.
The noble Baroness, Lady Lister, very graphically described the recent case which shows that treating everyone equally before the law does not take account of the fact that some laws might impact disproportionately on some categories of people and end up in discrimination.
European Union (Withdrawal) Bill
Lord Wallace of Tankerness ExcerptsWednesday 21st February 2018
(6 years, 4 months ago)
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Lord Wallace of Tankerness (LD)
May I ask the noble Lord to cast his mind back to 26 January 2012, when I moved a Motion that the Scotland Bill be considered in Committee, and he moved an amendment that the House,
“declines to consider the Bill in Committee until Her Majesty’s Government have laid before Parliament a report on the results of the consultation they launched on 11 January on Scotland’s constitutional future and until the Scottish Parliament has passed a further Legislative Consent Motion in respect of the Bill”?—[Official Report, 26/1/12; col. 1161.]
He was going to deny a Committee stage on a Bill that contained measures supported in the Conservative, Liberal Democrat and Labour manifestos at the preceding general election. This amendment would still allow the Bill to go forward and become an Act. How does he describe his apparent lack of consistency?
Lord Forsyth of Drumlean
I think I was behaving exactly like the noble Lord, Lord Foulkes. I was using the procedures of the House to make an argument against what I thought at the time was a very bad Bill—and which only this week has meant that people like me are now the highest taxpayers in the United Kingdom, as we predicted would happen. If I may say so to the noble and learned Lord, his point is completely irrelevant to the amendment before us.
The noble Lord, Lord Foulkes, talks about tensions being created in Edinburgh between this Parliament and the Scottish Parliament. There will always be tensions between this United Kingdom Parliament and the Scottish Parliament, as long as it is run by people who wish to destroy the United Kingdom. That is what they are about: using their powers to break the United Kingdom. The notion that we should move in a direction and get ourselves into a position where we need lots of legislative consent Motions simply provides more opportunities for everything to be turned into a constitutional crisis, which is the nature of the SNP. We will come to that later in our consideration of the Bill.
Lord Wallace of Tankerness
My Lords, I note what the noble Lord, Lord Forsyth, said in response to my intervention. On the occasion to which I referred, the noble Lord, Lord Foulkes of Cumnock, actually supported him in trying to stop the Bill going forward to Committee stage.
I think that what my noble friend Lord Thomas of Gresford said about the sheer frustration that lies behind the amendment—and what the noble Lord, Lord Wigley, said about the lack of conversation—is absolutely true. That has coloured the background to these discussions. It is worth reminding ourselves about the root of some of this frustration. I think it was in October 2016 when, in a plenary session chaired by the Prime Minister, the Joint Ministerial Committee established the Joint Ministerial Committee on EU Negotiations, with the following terms of reference:
“Working together in EU Negotiations … Through the JMC(EN) the governments will work collaboratively to: discuss each government’s requirements of the future relationship with the EU; seek to agree a UK approach to, and objectives for, Article 50 negotiations; and … provide oversight of negotiations with the EU, to ensure, as far as possible, that outcomes agreed by all four governments are secured from these negotiations; and, discuss issues stemming from the negotiation process which may impact upon or have consequences for the UK Government, the Scottish Government, the Welsh Government or the Northern Ireland Executive”.
The fact that, tomorrow, the Joint Ministerial Committee on EU Negotiations will meet for the second time in 12 months suggests that these terms of reference, agreed by the three devolved Administrations and the United Kingdom Government, have been more honoured in the breach than they have been in the actual implementation. That is at the source of much of the frustration that we have heard expressed. One hears it: when he was replying to the debate initiated on 25 January, the noble Lord, Lord Duncan of Springbank, said:
“The important thing is to stress that it is not for want of effort on our part”—
that is, the United Kingdom Government’s part—
“to secure a form of words that would allow the two devolved Administrations and the UK Government to reach a consensus on that point”.—[Official Report, 25/1/18; col. 1128.]
Yet, if you go to the devolved Administrations, they will say that they have had no communication. There is a lack of communication and there seems to be a complete mismatch with what has been said to us.
It would be interesting if the Minister could tell us yet whether the actual wording of any possible amendment to Clause 11—the Secretary of State for Scotland has accepted that Clause 11 has to be amended; he said that it would be done on Report in the House of Commons, but it was not—has been discussed at ministerial level between the United Kingdom Government and the devolved Administrations. If so, when was that discussed? When the Scottish and Welsh Governments addressed a briefing of Peers in late January they indicated that there had been no exchange of wording.
What is even more frustrating is that it does not seem that the parties are terribly far apart. In September last year, the Scottish Government acknowledged in their legislative consent memorandum that there were areas in which there would have to be common UK frameworks. The communiqué issued after the last Joint Ministerial Committee on EU Negotiations in October also set out the areas in which UK common frameworks were necessary and desirable. Both sides have agreed that that has to be done. Why in the world is more progress not being made, or at least why are we not able to see what progress, if any, is being made?
Perhaps the biggest problem here is the fact that it is done behind closed doors. If there were more transparency, we would see who was playing to the gallery and who was trying genuinely to seek a resolution to these matters. There are issues, such as agriculture, fisheries and the environment, where everybody acknowledges that there will have to be some kind of common framework. Let us identify what progress has been made.
We were told this week in newspaper reports that the United Kingdom Government have done a complete reversal. They now say that they will bring forward an amendment that will devolve everything back to the devolved Administrations, but, as it said in the Times report from yesterday,
“UK ministers are also adamant they would need to retain a veto over the use of some of these powers until ‘common frameworks’ are agreed”.
Again, in terms of public relations, it is like saying, “Here’s one hand; we’ll take away with the other”. What is the position? If we are to have to make decisions when we come to debate Clause 11, it is important that we know what the relationship is and what each side in these negotiations is saying.
Lord Forsyth of Drumlean
The noble and learned Lord is very clever and experienced at negotiations with different political parties in government. Perhaps I am too stupid, but I cannot think of a way—and I agree with a lot of what he said—to word an amendment that would deliver the result that he suggests is needed. Can he help me? What would an amendment actually say that ensured that there was the kind of continuing co-operation that is needed?
Lord Wallace of Tankerness
My Lords, if the noble Lord will allow me, there is certainly one attached to Clause 11 that has my name on it, as well as the names of a number of other noble Lords. He will find that Amendment 303 sets out a basis for having common frameworks. Indeed, the noble and learned Lord, Lord Hope of Craighead, has one in very similar terms, Amendment 304, which certainly provides a basis for moving forward. We are in opposition. The onus is on the Government to come forward with this. Let us not kid ourselves. The noble Lord, Lord Forsyth, makes a fair point, but it is the Secretary of State for Scotland who promised amendments on Report in the House of Commons. He has made the commitment to amendments, so the onus is not on the Opposition to come forward with these amendments but on the Government.
I hope that when the Minister replies he will tell us what the colour of the Government’s amendments will be. In the European Union negotiations, TF50 sets out where each of the parties is and gives us great transparency—where there is disagreement and where there are things that have to be clarified. This whole exercise would benefit from far greater transparency so that we can see what progress is or is not being made, who is holding things up and who is genuinely seeking to make progress. I appeal to the Minister to make a commitment when he replies that, following tomorrow’s JMC on the European negotiations, that transparency will become a reality.
Lord Wallace of Saltaire (LD)
My Lords, I hope that an Englishman, albeit one with a Scottish name, may be allowed to add something to this debate, because it is depressing for someone who lives in the north of England to hear a debate about how much of a privileged relationship the devolved Administrations should have with the United Kingdom Government, when the north of England is likely to suffer very much from leaving the European Union in terms of the loss of European development funds, and at the moment lacks any sort of forum for negotiation or consultation with the very centralised government of England in order to make its case. I am very conscious that the poorer parts of northern England were among those that voted most heavily to leave and that recent studies have suggested that they are also the regions that are likely to lose most from Brexit.
Amendment 227, when we come to it, addresses the question of how far a new mechanism will be needed for the central government in London to consult with English local authorities. My understanding is that the Local Government Association has been in conversation with the Government on that and that the Government have not yet come to an agreed view. I just wish to give notice that this is a very important point, politically and constitutionally, and when we come to it I hope that it will be given sufficient weight.
Lord Wallace of Tankerness
The Minister said there have been six meetings since the referendum. Given that at the first meeting of the Joint Ministerial Committee on EU Negotiations the communiqué said that they would meet on a monthly basis and that was in November 2016, by my calculation there have been several more months than six since then. Can the Minister tell us how many official meetings took place between February and October 2017?
Lord Callanan
I do not have information about how many official meetings have taken place. I understand that officials are meeting extensively. They are in regular contact. I am told by my officials that contact with officials in the Scottish and Welsh Governments and discussions are extremely positive. That is not the same as getting political agreement, but we are endeavouring to do that. Proposals have been tabled, after extensive discussion, for the meeting tomorrow. We hope there will be agreement. I obviously cannot guarantee that, but we hope there will be. We remain committed to obtaining legislative consent Motions if possible, and we will continue that dialogue in an effort to do that. That is the responsible way to proceed, but I totally understand the frustration expressed from all parts of the Committee that we do not yet have that agreement. We want to get that agreement. We are endeavouring to get that agreement. We will do our best to get it, but we will table amendments for this Committee to consider before we get to Clause 11.
EU Exit Negotiations
Lord Wallace of Tankerness Excerpts(6 years, 7 months ago)
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Lord Callanan
Of course, we have said that Parliament will get a final vote on the withdrawal agreement, and we have just announced that there will be legislation to implement that. Parliament also voted for Article 50 to be implemented and the EU notified that we are leaving the organisation on 29 March 2019.
Lord Wallace of Tankerness (LD)
My Lords, the Statement refers to the negotiations regarding the right to stand and vote in local elections. Given that European Union citizens can also stand and vote in Scottish Parliament elections, and the franchise for Scottish Parliament and Scottish local government elections is wholly devolved to the Scottish Parliament, can the Minister clarify the Government’s position with regard to standing and voting in the devolved elections and whether the Scottish Government have been involved in this particular part of the negotiations?
Lord Callanan
We are having regular discussions with the devolved Administrations. The Scottish Government, the Welsh Government and civil servants in Northern Ireland were informed of our proposals to introduce the withdrawal Bill.
European Union (Notification of Withdrawal) Bill
Lord Wallace of Tankerness ExcerptsWednesday 1st March 2017
(7 years, 4 months ago)
Lords ChamberRead Full debate European Union (Notification of Withdrawal) Act 2017 View all European Union (Notification of Withdrawal) Act 2017 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 103-II Second marshalled list for Committee - (27 Feb 2017)
Baroness Crawley (Lab)
My Lords, I support these amendments. I particularly support my noble friend Lady Drake’s compelling case for preserving and improving workplace rights for women after we leave the European Union. That is not least because I, as a former MEP, like the noble Lord, Lord Balfe—or “another obscure MEP”, as the Daily Mail put it—played a modest part in the creation of the maternity leave directive 25 years ago. As my noble friend Lady Drake said, so many British women—hundreds of thousands—have benefited from that EU law in the intervening years.
Maternity rights for British women have indeed progressed—in that sense the Minister is right—and we should be proud of that. But in the early 1990s, they came from a very low base, much lower than the rest of the European Union, and we do not want to go back to that low base. Therefore I call on the Minister to give us what guarantees he can that we will not go back to bargain-basement rights.
In this debate on the importance of securing transitional arrangements, as my noble friend has said, I ask the Minister whether he agrees with his noble friend, the noble and learned Lord, Lord Keen of Elie—he was in his place but I do not see him now. In our debate on this Bill on Monday, in answer to a question on the EEA from my noble friend Lord Liddle, the noble and learned Lord said,
“I do not accept that we face a cliff edge—there is no cliff and therefore no edge”.—[Official Report, 27/2/17; col. 588.]
Does the Minister agree? That was certainly not the message that the Prime Minister took to the CBI last autumn when it was extremely worried, and it continues to be worried about the need for transitional arrangements.
Lord Wallace of Tankerness (LD)
This has been a wide-ranging debate. I put my name to Amendment 34. The fishing industry is important; part of the problem is that people have too often tried to shut the fishing industry up, when it has had genuine concerns about the way the common fisheries policy has operated over many years. Indeed, there are concerns now that in the Brexit negotiations it might yet be forgotten about.
I had the privilege of representing for 18 years in the House of Commons and for eight years in the Scottish Parliament a constituency which had many fishing communities. I am aware that there was a concern as to what happened when Britain entered the European Union and that the interests of the fishing industry were sold short. It was a belief that, when the papers were subsequently released under the 30-year rule, was proved to have some substance. A briefing note from the Department of Agriculture and Fisheries for Scotland in the early 1970s warned:
“In short, at present it is much easier to see the drawbacks for our fishermen likely to be involved in the Common Fisheries Policy than to be at all positive that there will be benefits to offset, let alone outweigh them”.
The amendment that my noble friend Lord Bruce of Bennachie and I have put forward is intended to try to ensure that some way or other there will be an engagement of the devolved legislatures in Scotland, Wales and Northern Ireland to help allay some of these concerns.
The House has had the benefit of a very good and well-informed report on Brexit and fisheries from the EU Energy and Environment Sub-Committee, chaired by my noble friend Lord Teverson. It makes clear the complexities of untangling the United Kingdom from the common fisheries policy and the need for agreement. For example, my noble friend Lord Teverson said in Grand Committee on 16 January that,
“the moment we leave the European Union, the EEZ will become our exclusive economic zone, exactly as it says on the tin. There will be no automatic right for us to fish in other people’s EEZs; nor will there be any automatic right for other nation states to fish in ours. We will be excluded immediately, if we have not renegotiated access, from agreements with Iceland, Norway and the Faroes, which are particularly important to our Scottish fleets”.—[Official Report, 16/1/17; col. GC 1.]
It is not academic. Important negotiations will have to take place about the future of our fisheries, not only in terms of fishing opportunities but in terms of our trade in fish. It is said that we export the majority of fish caught by our UK vessels and import the majority of fish that we eat. Measured by volume, 49% of our domestic production is exported to the European Union and 32% of the imports that we eat are from the European Union. Fishing will be an important part of these negotiations in terms of catching opportunities and in terms of trade, not only for the fishermen in the immediate area but for the fish processors and all who are dependent on the fishing industry.
In terms of our total United Kingdom GDP, the fishing industry does not loom very large, but in terms of the many communities around our coast in Scotland, Wales, Northern Ireland and many parts of England it is important. I remember taking part in the annual debate on fisheries in the House of Commons where it was clear from the wide range of people who took part the importance to many communities of the fishing industry. Therefore, it is important we focus on this and that we give the devolved Administrations, Parliaments and Assemblies an opportunity for involvement.
In replying to the debate on 16 January, the noble Lord, Lord Gardiner of Kimble, said:
“Obviously, we must work—and are working—as closely as we have always done with our colleagues in the devolved Administrations and Crown dependencies as we develop our positions, and will ensure that their views are fully taken into account as negotiations move forward”.—[Official Report, 16/1/17; col. 29.]
I do not expect the Minister to have the answer tonight so he can write to me, but can he tell us up until now what discussions have taken place at official and ministerial level on fisheries with the respective devolved Administrations? As I said, it is a small part of our GDP but vital for our many coastal communities and it is vital that their interests are advanced and safeguarded as we go forward into these negotiations.
