European Union (Withdrawal) Bill

Anna McMorrin Excerpts

Committee: 2nd sitting: House of Commons
Wednesday 15th November 2017 Commons Chamber

[Preet Kaur Gill (Birmingham, Edgbaston) (Lab/Co-op)]

The European Union (Withdrawal) Bill is intended to bring existing EU legislation into UK law. As we do so, we must ensure that the fundamental rights of children are not diluted.

With our exit from the EU, the UK plans no longer to be party to the EU charter of fundamental rights, so it will not automatically benefit from the protections of children’s rights that exist within the EU legal framework. The treaty of Lisbon introduced an objective for the EU to promote the protection of the rights of children, and the charter of fundamental rights guarantees the protection of the rights of the child by EU institutions, as well as by EU countries when they implement EU law.

The best way to ensure that those rights are maintained after Brexit is to enshrine the UN convention on the rights of the child in UK law. Although the UK is a signatory to that convention, it is not enshrined in domestic law. The Bill removes from UK law the European charter of fundamental rights, proposing that fundamental rights and principles are considered in place of that charter when implementing case law or legislation that refers to it directly after exit day. The Children’s Society has rightly raised its concerns that there is no further information on what these fundamental rights would be, or any clarity about whether the development of children’s rights envisaged in EU law would be considered to be fundamental rights and principles. That is why, in the absence of any clear definition, further integration of the UN convention on the rights of the child in UK law would provide the framework for these fundamental rights for children.

[Anna McMorrin (Cardiff North) (Lab)]

I speak in support of new clauses 28, 30, 60 and 67.

As it stands, this Bill is fatally flawed. It puts huge power into Ministers’ hands without accountability, sidelines Parliament and the devolved Administrations, and puts crucial rights and protections at risk. The Bill also imposes new restrictions on the devolved Administrations. It risks eroding basic human rights and could prevent a transitional deal on the same basic terms that we currently enjoy, including those applying within the single market and the customs union. Such an extreme Brexit was not voted for in the referendum.

It is important that we safeguard the role the EU has played in strengthening and underpinning environmental rights and protections. Most of the UK’s environmental protections stem from EU law and offer us strong safeguards. Safeguarding and protecting the environment lies at the heart of the EU, and these core principles are reflected in its policy and law. I think we know that that is not the case for this Government.

In its current state, the Bill risks leaving dangerous gaps in environmental law. It contains flaws that will leave our natural environment less protected than at present. I want an assurance from the Government that the Bill will convert the entire body of environmental law into domestic law without any watering down, and provide for new governance arrangements so that there is effective implementation of environmental standards, whatever the UK’s future relationship with EU institutions. I want the Bill to restrict the use of secondary legislation before and after Brexit, and to create processes for the robust parliamentary scrutiny of any changes made through secondary legislation during the conversion of EU law. Finally, I want it to ensure that it will be up to devolved Administrations to make their own decisions and laws on those areas that are currently devolved.

I am particularly concerned about the loss of environmental principles. European environmental policy rests on the principles of precaution, prevention and rectifying pollution at its source, as well as that of “polluter pays”. Many of the strongest protections and international commitments to which the UK has signed up are underpinned by general principles of environmental law that are enshrined in EU treaties, but these are all at risk.

Let us put this in perspective by examining what is at stake. We have seen the decline of bees, with 20 bee species lost since 1900 and a further 35 at risk. EU laws on pesticides seek to ensure that potential risks are investigated, but what will happen to that scrutiny?

We must also ensure that the polluter pays. That fundamental principle has led to the improvement of our drinking water and to fines being imposed on operators that are found to have caused pollution, requiring them to repair any damage and to invest in preventive measures. Such laws and principles go a long way in helping to protect and enhance our natural environment. Will the Government continue to issue those fines, or will they bow to the pressure of lobbyists and trade deals? Where is the scrutiny? And where is the precautionary principle, which is also vital to safeguarding our food standards? Will chlorinated chicken from the US enter the UK market? The Bill must ensure at the very least that there will be equivalent provision for environmental standards—[Interruption.]

[The First Deputy Chairman of Ways and Means]

Order. There are a lot of conversations going on and I cannot hear the hon. Lady. She might be saying something important and the Committee ought to listen.

[Anna McMorrin]

Thank you, Mrs Laing. I was saying that the Bill must ensure at the very least that there will be equivalent provision for environmental standards and protections, and access to justice, if the UK ends its relationship with EU institutions.

What will the new body look like? The Secretary of State for the Environment, Food and Rural Affairs has announced the creation of a Commission-like body post Brexit to uphold environmental standards, but he could not say whether it would be able to issue fines or demand change when or if the Government fail to uphold environmental standards. The EU Commission can currently fine the UK when the ECJ finds that it does not uphold environmental standards. Would there be a separate Commission-like body for the devolved Administrations, who make their own laws and should be able to continue to do so? The Secretary of State told the Environmental Audit Committee that he saw distinct bodies for the devolved Administrations, so how will they be funded?

What safeguards are in the Bill to provide that environmental standards will not get even worse? There are none. The Bill takes away the rights and freedoms that we currently enjoy, and once it is in force, it will be impossible to challenge an action in court. The Bill denies us our environmental rights, so I call on the UK Government not to compromise them. I ask them to work collaboratively with our devolved Governments to be ambitious, to commit to stronger environmental protection, and to support new clauses 28, 30, 60 and 67.

[Anneliese Dodds (Oxford East) (Lab/Co-op)]

I regret the fact that I am rising to speak on this subject, but it is a matter of enormous public concern about which I have received dozens of representations from my constituents. It is an enormous shame that this debate has been delayed to such an extent that we have such a short time to discuss a matter of national importance about which our constituents are so concerned.

I want first to focus on animal welfare. We have heard Ministers say many times—we heard it again today—that animal welfare will be non-negotiable in our trade deals post Brexit. However, for those looking from the outside, it jars—perhaps that is the appropriate word—to hear the Secretary of State for the Environment, Food and Rural Affairs making those commitments after the Secretary of State for International Trade has suggested that chlorinated chicken could be defended. Provisions need to be hardwired and applied to the whole of Government, and that can occur only through primary legislation.

I served as a Labour MEP for three years. In that role, I was very aware that EU legislation was not perfect, as many Members have pointed out, particularly when it came to live animal exports. I was also aware that Britain went further than many other European countries in areas such as animal testing. It remains the case, however, as so many people have said, that about 80% of British animal welfare and environmental legislation comes from the EU.

Amendment 350 proposes transposing article 13 of the TFEU into UK law to recognise the sentience of animals. If we look at the words of the Environment Secretary, the Government seem to have changed their position. They appeared to give a commitment to transpose the provision back in July. I do not understand why expert groups such as the Association of Lawyers for Animal Welfare or Wildlife and Countryside Link would be suggesting that we need a separate provision if it already existed in existing animal welfare legislation. They are the experts on this, and I am listening to them. I point out that even under EU law, Britain is not a beacon in this regard. A constituent of mine, Mr Peter Tutt, has done a huge amount to raise awareness of the fact that much marine life that is recognised as sentient in other countries is not recognised as such in the UK.

The right hon. Member for West Dorset (Sir Oliver Letwin) says he believes that legislation of this type should come forward separately, but Opposition Members have made many persuasive objections to that. I would add that a core element of the leave campaign was that environmental and animal welfare protections would be preserved after Brexit, so it is absolutely correct that they should be part of our approach and set out very clearly in this Bill. Furthermore, we cannot rely on a consultation, as its outcome is unclear and it will not be calibrated with the progress of this Bill. I will end now, because I see that Mrs Laing is asking me to do so.