European Union (Withdrawal) Bill

Anna Soubry Excerpts

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

[Mr Leslie]

Who could possibly forget that support for the single market was once a key aspect of Margaret Thatcher’s policy making, as well as the policy of subsequent Governments?

[Anna Soubry (Broxtowe) (Con)]

The hon. Gentleman is right when he says that Margaret Thatcher was pretty much the authoress of the single market. Does he agree that, as trade develops, the best places to do business will be those nearest to us—not those far away, which mean that goods have to be conveyed over huge distances?

[Mr Leslie]

We are putting a lot of effort into trying to get free trade deals with New Zealand, Australia and other countries, and much as I would love free trade deals with all of them, the fact is that our biggest markets are our nearest neighbours. Having that single market and that customs union is incredibly important, which is why amendment 124 should not be dismissed and I believe Members should support it. We also need to pay attention to the powers and rights that Parliament must now assert if we are to ensure that the Executive do not take back the control that many of our constituents thought was coming to their representatives after the referendum.

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[Tommy Sheppard (Edinburgh East) (SNP)]

I rise to speak to amendments 264, 222, 73, 234, 239, 240, 266, 269 and 272, in the name of my right hon. Friend the Member for Ross, Skye and Lochaber (Ian Blackford), and amendment 233, in the name of my hon. Friend the Member for Airdrie and Shotts (Neil Gray). I will also speak in general terms to amendments 206, 268, 271, 274, 216, 265, 207, 208, 205, 267, 270 and 273, in the names of my hon. Friends, which are grouped for debate today, but which will be voted on tomorrow. May I also say that I hope the hon. Member for Cardiff South and Penarth (Stephen Doughty) will push his amendment 158? It was debated earlier in Committee, but it is very germane to this debate. [Interruption.] I read that list out because I could not possibly memorise it.

As I said on Second Reading, we are in a dilemma of our own making. We are discussing the possibility that all these powers should be given to Ministers simply because we have not adequately prepared for the process of leaving the European Union. It is three months now since Second Reading, and we do not appear to have gone one step forward in terms of knowing what the effects of that process will be on the body of legislation that already exists in the United Kingdom.

[Anna Soubry]

It is really quite important to understand that this is the process of leaving the European Union, and it has nothing to do with being unprepared in any way. It was always known—well, in as much as we ever knew anything about Brexit—that this was the sort of thing we would have to do to convey this huge body of EU law into domestic British law, and, on that, we are all agreed.

[Tommy Sheppard]

The right hon. Lady has much greater faith in the Government’s intentions than I perhaps do. What I am trying to suggest—I thought she might possibly agree with me—is that, by this stage in the process, we ought to have some definition of which Acts of Parliament will require amendment, because there are anomalies in them with regard to the body of EU retained law, and we ought to have narrowed down the number of areas in which we have to give Ministers the power to use their discretion and to bring forward changes through delegated legislation to our existing legislation. The fact that we have not narrowed that down and that we are still talking about giving Ministers quite sweeping and general powers is quite alarming, and I only hope that, as we go to the next stage of this process, we will get more clarity. Ministers’ defence is basically to say, “Trust us to rectify these anomalies and to get things right,” but Opposition Members are saying, “Well, we would be better able to trust you if we were able to get a reassurance that you are not going to use these powers in certain areas.” Yet, Ministers are resisting every attempt to qualify and limit the exercise of these powers.

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[Tom Brake]

All right—the right hon. Gentleman is probably closer to his Front Bench’s policy than I am, certainly in respect of the understanding of it, if not necessarily the direct input. I hope that Labour may be able to take things one step further: to make staying in the single market and the customs union not an option but the party’s actual policy. As I said in an earlier intervention, staying in the single market was in the 2015 Conservative manifesto, which also mentioned the benefits of doing so.

I turn to amendments 363 and 364, and a number of other related amendments, which are on equality and human rights law. The amendments are needed to prevent changes to fundamental rights being made without full parliamentary scrutiny. The Bill permits Ministers to amend laws, including Acts of Parliament, by delegated legislation. The Government have said that the powers will not be used for significant policy changes and that current protections for equality rights and workers’ rights will be maintained. I welcome those commitments, but in order to protect fundamental rights, it is essential that they are guaranteed by reflecting them in the extent of the delegated powers in the Bill.

Many other Members have quoted the House of Lords Delegated Powers and Regulatory Reform Committee, so I will not. That Committee has expressed strong concerns about the Government’s approach, as has the House of Lords Constitution Committee, which it might be worth quoting. It believes:

“The executive powers conferred by the Bill are unprecedented and extraordinary and raise fundamental constitutional questions about the separation of powers between Parliament and Government.”

That point has been repeated by many Members during these days of debate.

I welcome the fact that the Bill already prevents the use of delegated powers to amend the Human Rights Act 1998, which, of course, recognises the importance of the rights it protects. However, if the Bill does that for the Human Rights Act, I do not quite understand why it does not protect the rights in other Acts. The Equality Act 2006 and the Equality Act 2010 must also be protected, as must the Employment Rights Act 1996 and secondary legislation such as the Working Time Regulations 1998, which were mentioned in an earlier contribution. My amendments would protect the rights in such legislation. I am unlikely to press them to a vote, but the Labour party’s amendments 25 to 27 are similar. In fact, they could be improved by providing equivalent protection to the Equality Act 2006.

In the first day in Committee, the Government made a commitment to table amendment 391, which they have done. I welcome that, but I would like the Minister to clarify one point. I think it was the Minister of State, Ministry of Justice, the hon. Member for Esher and Walton (Dominic Raab), who said that the Government would ensure that they would address

“the presentation of any Brexit-related primary or secondary legislation”—[Official Report, 21 November 2017; Vol. 631, c. 904.]

But as far as I read it, the amendment refers only to secondary legislation. I am not sure whether that means that there will be further amendments, that the Minister misspoke originally or that we are to expect more. Perhaps the Minister will pick up on that point when he responds.

I have a couple more minutes, in which I will refer briefly to EU citizens’ rights. Now, I hope that people are not under the impression that, in moving on to phase 2 of the negotiations, EU citizens in the UK or UK citizens in the EU are happy with where we are at; clearly, they are not. Some 3 million EU citizens in the UK still have significant concerns around the time limits being placed on certain protections. They are also concerned about the all too frequent errors that occur in the Home Office—something with which we are all too familiar—which they anticipate leading to a large number of problems with the proposed changes regarding their status. Nor are UK citizens in the EU any happier with the outcome, and they are as critical of the EU as they are of the UK Government in terms of the speed with which they have moved on. However, as has been said in the debate, given that nothing is agreed until everything has been agreed, those issues can still be pursued.

The final point I want to make relates to amendment 121. If I had had time, I would have read out the list of 21 organisations, although by the sounds of it, given the earlier intervention on this issue, I have missed about 19 organisations, because there are more than 40. However, I would have liked to ask Members present, in a moment of truth and honesty, whether any of them had anticipated that all the organisations on the list would be affected by our leaving the European Union—if, indeed, we do leave, because nothing is certain on that front. I suspect that not a single Member here would have claimed, if they had answered honestly, that they knew of each and every one of those organisations.

We are going to have to go through a costly process of creating our own organisations, with heavy costs attached to that. The purpose of the amendment is simply to ensure that the Government are not able to create these new agencies, or to give substantial new powers to existing agencies, by way of delegated legislation, because that is the sort of thing that needs to be done through Parliament and through primary legislation.

Thank you, Dame Rosie. I think I have kept within your time limit. I would just like to reinforce the point that I will be pressing amendment 124 to a vote, and I hope I will receive support from both sides of the House for it.

[Anna Soubry]

It is a pleasure to follow the right hon. Member for Carshalton and Wallington (Tom Brake), and I will indeed support his amendment 124 when he presses it to a vote. It is, effectively, about the benefits of the single market and making sure that, as much as we can, we retain our membership of it, especially after we have left the European Union.

I rise to support all the amendments I have signed, which are mainly those that have been drafted by my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve). I also rise to support the amendments tabled by my hon. Friend the Member for Broxbourne (Mr Walker), and I congratulate him and his Committee on coming up with their proposals. I also thank him for reassuring some of us who were concerned that this creature that was created, quite properly, to address the concerns that many right hon. and hon. Members identified on Second Reading might not have any teeth. However, he explained that the effect of sanctioning a Minister, as he quite properly identified it, has political consequences that do the job. On that basis, I am content with the proposed new committee. Obviously, I have concerns, but I am delighted that the Government have accepted the relevant amendments.

If it is pushed to a vote, I will also vote for amendment 49. I thought that the speech by the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) was admirable. In fact, her amendment is hardly revolutionary; it is an entirely proper amendment to this important piece of legislation and this clause. It uses the word “necessary”, and I think that that was the word used in the original White Paper. I will therefore be supporting the amendment.

I pay tribute to my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton) for his probing amendment. If I had got round to it—I have signed so many amendments—I would have signed his, for what that is worth. In looking at his speech in particular, and at so many of the other speeches we have heard today, it is really important to understand what people like and do not like about this place and, indeed, about politicians. The public actually like it when we agree across parties; people mistake that. I am not saying that the public do not enjoy some of the spectacle of Prime Minister’s questions—there is nothing wrong with a good hearty debate and row on points that will forever divide us; they identify our political beliefs and parties. However, on those occasions when we agree, the British public absolutely like it.

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[Jess Phillips (Birmingham, Yardley) (Lab)]

May I introduce you to Bill Cash?

[Anna Soubry]

I did not hear what the hon. Lady said, but I am sure that Hansard did, so I will move swiftly on.

I say to those on the Treasury Bench, and anybody else who might be listening to this speech, that the profound difference between those people and people like me—right hon. and hon. Members on both sides of the House, right across these green Benches—is that we have accepted the result, although it may break our hearts to do so. That is quite a dramatic statement, but many people are genuinely upset that we are going to leave the European Union. Nevertheless, they have accepted the result even though it goes against everything that they have ever believed in. They have not only accepted the result, but then voted to trigger article 50. One of the things that saddens me as much as it saddens me that we are going leave the European Union—probably more so—is the inability of the people who supported and voted for the leave campaign to understand and respect those of us who were remainers, who voted to trigger article 50, and now genuinely say that we are here to help deliver this result to get the best deal that we can as a country, putting our country before our own views and before our party political allegiances.

It may be that some leavers, especially some people in Government or formerly in Government, cannot accept that because unfortunately—I am going to have to say this—they judge people like me by their own standards. For people to say that by tabling an amendment one is somehow trying to thwart or stop Brexit is, frankly, gravely offensive. That level of insult—because it is an insult—has got to stop. People have to accept that there is a genuine desire certainly among people on the Government Benches, and on the Opposition Benches, to try to come together to heal the divide and get the best deal for our country.

[Angela Smith]

Does the right hon. Lady accept, too, that a significant proportion of the voters who voted leave would agree with her that the hijacking of the leave argument by a small minority is damaging the debate?

[Anna Soubry]

I very much agree with the hon. Lady. It is not right and it is not fair. It also, as she rightly identified, does not reflect leave voters. We have got ourselves into a ludicrous situation whereby a very small number of people in this place, in this Government, and indeed in the country at large, suddenly seem to be running the show. That is not right, because they do not reflect leave voters, who, overwhelmingly, are pragmatic, sensible people who unite with the overwhelming majority of people who voted remain and who, frankly, want us all to get together, move on, get the best deal, and get on with Brexit.

That, I think, is where the British people are. I think they are also uneasy, worried and rather queasy because of all the things that we have spoken about in this place. They now realise, as I think my hon. Friend the Member for East Worthing and Shoreham said, that it is very difficult, this Brexit. It is indeed difficult to deliver it, and many people thought from the rhetoric of the leave campaign that it would be oh, so easy. Indeed, others—such as the Secretary of State, who is beautifully arriving in the Chamber—believed that a trade deal would be done in but a day and a half.

I am being pragmatic, so I am not going to make any more such points; I am going to try to move the discussion on. But I urge all members of Her Majesty’s Government, especially those in the most important positions, to please reach out to the remainers—now often called former remainers—who made up the 48%. I urge those Government members not to tar us with the paintbrush that they may have used for many years, but to try to build a consensus. That means that the Government need to give a little bit more than they have given so far.

The reason why I support the single market, the customs union and the positive benefits of immigration is not that I am some treacherous mutineer. My hon. Friend the Member for East Worthing and Shoreham is hardly some sort of Brexit mutineer, but he is an excellent example of someone who quite properly tables a probing new clause because he is doing his job as a Member of Parliament. That is why amendments have been tabled by all manner of people, and they have been supported in a cross-party manner to a degree that apparently has not been seen for a very long time. That is commendable.

I am no rebel, because like many of my former Back-Bench colleagues who now sit on the Front Bench, I made it very clear to the good people of Broxtowe that I was standing as a Conservative but I did not endorse my party’s manifesto in relation to the single market and the customs union. Sitting on the Front Bench today are hon. Members who, in the past, stood quite properly in their constituencies as Conservatives while making it very clear that they did not support our party’s policy on the European Union and would campaign for us to withdraw. I make no criticism of that. I say, “Thank goodness,” because that is what we want in a good, healthy democracy. But it is ironic, is it not, that the Secretary of State has rebelled, I think, some 30 times on European matters?

[The Secretary of State for Exiting the European Union (Mr David Davis)]

More.

[Anna Soubry]

He says, “More.” I do not criticise him for doing so. I bet he has never been called a Brexit mutineer—well, he would not have been called a Brexit mutineer, but I am as sure as anything that he has not been abused in the same way as other people who have had the temerity to table an amendment and see it through. The Under-Secretary of State for Exiting the European Union, my hon. Friend the Member for Wycombe (Mr Baker) rebelled, I think, some 30 times between 2010 and 2015. He and the Secretary of State will understand how important it is for us, having made our case clear to our electorate, to be true to the principles on which we stood and got elected. When we come here, if we do nothing else, we must surely uphold those principles—our mandate—by tabling amendments and voting for them.

If the Government are genuine about getting a good deal and healing the great divide—I very much hope that Ministers understand the damage that is still being caused to our country and the importance of healing the divide—they must reach out tomorrow, if not today, and do the right thing so that we get the right result. That will enable us to build on the consensus that broke out on Friday and move forward with delivering Brexit to get the best deal for everybody in our country.

[Jess Phillips]

I associate myself with the comments of the right hon. Member for Broxtowe (Anna Soubry). I agree entirely with her on this, as well as on a great many other things. I take the hon. Member for Stone (Sir William Cash) as my inspiration: if I cannot get what I want, I will just wait 40 years—saying the same thing—and it may come around again.

I will speak to amendment 385 and new clause 77, which are in my names and those of right hon. and hon. Friends, as well as right hon. and hon. Members from other parties. In the White Paper published earlier this year, the Government committed to continuing to work with the EU to preserve European security, to fight terrorism and to uphold justice across Europe, yet no mention at all was made of plans to continue the work, post-Brexit, with their European partners to protect women and girls fleeing violence. I need not really point to the lack of a certain sort of Member of Parliament—those with a certain chromosome—in the Brexit team or among those currently on the Treasury Bench as to why that was the case.

This omission is stunning given the current state of affairs in the UK. An estimated 1.3 million women in England and Wales experienced domestic abuse last year alone, while 4.3 million women will have experienced domestic abuse at some point since the age of 16. In addition, about one in five women will experience stalking or sexual assault at some point in their lifetime. Despite that desperately worrying state of affairs, the Government have so far failed to guarantee that such survivors of violence will enjoy the same legal protections post-Brexit as they do now.

Amendment 385 would at least retain one aspect of this protection. In February 2016, history was made in the Hammersmith specialist domestic abuse court, when the first European protection order was issued in England and Wales. This enabled the survivor to move to Sweden, enjoying protection in both the UK and Sweden. In the same year, another survivor was issued an EPO, allowing her to move to Slovakia safely. The UK has also recognised a number of EPOs issued by other EU member states in 2015 and 2016, meaning that these survivors were protected on entry to the UK. According to data provided by the European parliamentary research service, Britain makes disproportionate use of the framework, accounting for almost half of all orders granted in 2015 and 2016.