European Union (Withdrawal) Bill

Debate between Antoinette Sandbach and Bambos Charalambous

Report stage: First Day: House of Commons
Tuesday 16th January 2018 Commons Chamber

[Bambos Charalambous (Enfield, Southgate) (Lab)]

I will be supporting amendment 57 and other provisions. I rise to speak to new clause 16, which is in my name. I will not be pushing it to a vote, because it is a probing provision.

The new clause seeks to ensure that there is no regression in our equality protection as we leave the EU and following the repeal of the charter of fundamental rights. That principle has already been agreed by the Government, so there should be little controversy about supporting new clause 16. Hon. Members were promised that the Government would introduce an amendment that required Ministers, on the presentation of any Brexit-related primary or secondary legislation, to make a statement before the House on whether and how it was consistent with the Equality Act 2010. While the Government may try to make out that amendment 391 covers that point, I do not believe that it properly addresses the issue of primary legislation—a point eloquently made by the right hon. and learned Member for Beaconsfield (Mr Grieve).

For that reason, I have tabled new clause 16. We cannot allow any regression in, or diminishing of, our equality protections and rights when we leave the EU. I totally disagree with hon. Members who have suggested that we should just trust the Government to get this right. The equality protections and human rights referred to in new clause 16 have been hard fought for, and we cannot allow them to be put at risk. I commend new clause 16 to the House.

[Antoinette Sandbach]

I rise to support the speeches made by my right hon. and learned Friends the Members for Beaconsfield (Mr Grieve) and for Rushcliffe (Mr Clarke). The idea that three months is sufficient protection in terms of somebody launching a legal action, while a welcome concession from the Government, does not go far enough. I urge the Government to listen to the proposal to retain the Francovich right throughout the transition period or implementation period—however it is described.

I also support the points made on the charter of fundamental rights. When the charter was brought into effect, it said that it codified existing rights—rights that UK citizens already had. I know that the Under-Secretary of State for Exiting the European Union, my hon. Friend the Member for Fareham (Suella Fernandes), takes a different view. I do not really care which view is right; the fact is that we have moved on as a society, and these protections have now become important in UK law. I would very much urge the Government to consider that when approaching this matter in the Lords.

Finally, it is eminently sensible that the Government look at new clause 13, which will not be moved to a vote today. It provides a very good mechanism for distinguishing between primary and secondary legislation in terms of the appropriate protections that will apply to UK citizens. I do not want my constituents to be in a worse position in a few years’ time than they are in now when it comes to their rights, so I urge the Government to listen to the debate today—I know they have their listening ear on.