European Union (Withdrawal) Bill

Antoinette Sandbach Excerpts

2nd reading: House of Commons
Monday 11th September 2017 Commons Chamber

[Antoinette Sandbach (Eddisbury) (Con)]

Well, there is a coming together, because earlier today I heard the speech made by the right hon. Member for Don Valley (Caroline Flint), who has a completely different political philosophy from me, and I agreed very much with what she said. Indeed, my hon. Friend the Member for Gainsborough (Sir Edward Leigh), who has a completely different view from me on Europe, spoke very powerfully about the need for magnanimity.

The reality is that this piece of legislation is necessary to give the Government the tools to avoid the disastrous consequence of crashing out of the EU without the appropriate rules and regulations in place. It is quite ironic that those who spent 40 years fighting the EU are now leading the charge for the single largest codification of EU law in our country’s history. However, that is not a reason to vote against the Bill; in fact, it may well be a reason to vote for it, because it will put into UK law some of the rights and privileges we have enjoyed because of our membership of the European Union, and I want as many of those rights and privileges as possible to come into UK law.

I campaigned for remain, but I voted to trigger article 50 earlier this year, as I felt it was right to do in the interests of our democracy. The crux of the leave vote was about taking back control, but I agree with many right hon. and hon. Members on both sides of the House that it was about taking back control into this House and this Parliament, not transferring extensive powers to Ministers. The Bill in its current form, particularly clause 7, is an unacceptable attempt by the Government to demean the role of Parliament. If Members of this House are to vote in favour of a Bill that delegates powers to Ministers, those powers must be much more tightly defined, with parliamentary scrutiny allowed for. While I recognise the importance of ensuring that the process is as smooth as possible on exit day and in the ensuing weeks, Parliament must retain oversight of the process.

Previously the Government did not intend to give Parliament a say on the final deal or, indeed, on article 50—the House certainly overwhelmingly endorsed article 50—and we now face a similar prospect of authority being pulled back from this House. How would that affect legislation around the nuclear industry, for example, which is inextricably linked with EU states and institutions? There is great anxiety about our ability to replicate the Euratom agreement and to make such arrangements in time. I recognise the inclusion of a nuclear safeguards Bill in the Queen’s Speech, but if a future Government saw requirements on the nuclear industry as restrictive, this Parliament would have no ability to hold that Executive and the replacement measures they introduced to account under the terms of this Bill.

I, too, took particular interest in the report by the House of Lords Constitution Committee, which said:

“We would expect that a statutory instrument which amends EU law in a manner that determines matters of significant policy interest or principle should undergo a strengthened scrutiny procedure.”

I would support that, and I was encouraged by the Secretary of State’s indication on Thursday that he would take account of sensible amendments tabled in this House.

I also have reservations about repealing the European Communities Act 1972 before we know what the transitional arrangements will look like. I am glad that the Government see the need for a smooth and orderly exit, but I see that as maintaining membership of the customs union, at the very least, until a comprehensive free trade deal is agreed. I am sceptical of voting to repeal the 1972 Act until we know the dynamics and practical workings of the transitional phase. Achieving such an agreement must be an urgent priority before we create legal risks and uncertainties in the manner that the Bill as currently drafted is in danger of doing.

One point that has been lacking in the debate is how all this is perceived in the EU. The future prosperity of our country heavily relies on what we are able to achieve throughout this negotiation process. The Government must be seen to be engaging with Parliament on a cross-party basis. That would give the aims and ambitions of the Secretary of State and his team far more credibility and clout as he negotiates with the other 27 EU nations.

I have some reservations about the time allocated to debate the Bill. I very much hope we will get the assurances asked for by many Members on both sides of the House about the possibility of having more time, if it is needed. I urge the Government to consider sensible amendments, but I ask others to please support the principle of the Bill and to allow this House to amend it.