European Union (Withdrawal Agreement) Bill

Baroness Hoey Excerpts

2nd reading: House of Commons & Programme motion: House of Commons
Tuesday 22nd October 2019 Commons Chamber

[The Prime Minister]

Because it is absolutely clear on the face of the Bill and from what I have said that this country will maintain the highest possible standards and will give this House the collective ability to keep pace with Brussels and, indeed, to do better.

As I say, we have the highest possible environmental standards. We will match the environmental standards that Brussels brings forward. Indeed, we now have the opportunity to do better. I have stressed for four years—[Interruption.] No, that is not true. It is said from a sedentary position that we have always had the opportunity to do better. I am afraid that that is mistaken. There are plenty of ways in which we are currently prohibited from going forward with higher standards. Under the Bill, we will have the power in this House to do something for which I think the people of this country have yearned for years, which is to strengthen controls on the live transport of animals. I hope we will do that now. That is currently forbidden under EU law.

On fiscal measures, we will now have the power to cut VAT on sanitary products. As for the protection of workers, we will now be able, under the Bill, to take action against employers and agencies who undercut our laws, including where agencies bring in overseas labour from the EU so that local people do not get a look in. That is currently impossible within the EU.

Clause 34 and the accompanying provisions in schedule 5 include a duty on any Minister—to get to the point that has been raised—who introduces relevant legislation to make it clear that workers’ rights will not be weakened in any way. Whether it is tackling air pollution or enhancing biodiversity, this country can do better than simply sticking with EU norms. We can achieve our vision of a dynamic, high-wage, low-tax market economy precisely because we champion high skills and high standards.

[Kate Hoey (Vauxhall) (Lab)]

Like the Prime Minister, I would like to get out of the European Union as speedily as possible. What more can he do to reassure the people of Northern Ireland, who feel they are being cut off? They could perhaps have accepted some regulations on trade between Great Britain and Northern Ireland because that happens at the moment, but they have been absolutely astonished to find that trading between Northern Ireland and Great Britain is somehow now treated as if they are sending something to a foreign country. That is not acceptable.

[The Prime Minister]

I am very grateful to the hon. Lady. It is very, very important that we stress—I must make myself absolutely clear—that Northern Ireland is leaving the EU with the rest of the UK, whole and entire. We have achieved with this deal what I think few people thought was possible: Northern Ireland is leaving the EU as part of a single customs territory with the rest of the UK. On her specific point, there will be no checks between NI and GB, nor would she expect there to be. It is made absolutely clear in article 6 of the protocol. It is up to the UK Government to insist on unfettered access for trade NI-GB. I give way with pleasure and with respect to the right hon. Member for Belfast North (Nigel Dodds).

--- Later in debate ---

[Sir William Cash (Stone) (Con)]

In the time available, I will make a few points regarding clauses 29 and 36, which I authored myself in negotiation with the Government because I was so concerned about article 4 of the protocol and part 4 of the agreement.

The entire Bill is ultimately about sovereignty. I would go further: we need not only to reaffirm that, as these clauses do, but to increase the monitoring and scrutiny of these arrangements within the framework of the House. The ports regulations were pushed through a few years ago. Similar provisions will be pushed through in the transitional period, when the EU will take control of us in the legislative process, and we will have no means of defence except by reference to the kind of clauses that I have produced and which I am glad the Prime Minister has accepted.

Section 1 of European Union (Withdrawal) Act 2018 is clear and unambiguous: we will repeal the 1972 Act on 31 October. That is the law of the land, as I have said repeatedly. It is clear and unambiguous and it is the law. Lord Denning, without doubt the greatest jurist in modern history, specifically stated that where Parliament wishes to assert its supremacy, it can do so by stating clearly that a domestic statute is to apply, notwithstanding European law, and this would include sections 2 and 3 of the 1972 Act. He stated clearly:

“If the time should come when our Parliament deliberately passes an Act with the intention of repudiating the Treaty or any provision in it or intentionally of acting inconsistently with it and says so in express terms”,

as section 1 of the European Union (Withdrawal) Act 2018 clearly does,

“it would be the duty of our courts to follow the statute of our Parliament.”

Nothing could be clearer. I would add to that mix the fact that there are principles of sincere co-operation under article 4 of the treaty, and of wrongful reason in international law, which I have no time to go into.

This is the gravamen of the question, and the manner in which I believe we will be able, through the mechanisms provided under clauses 29 and 36, to give protection. I am deeply concerned about the provisions relating to Northern Ireland, and I agree with what others have said on that subject.

[Kate Hoey]

I appreciate what the hon. Gentleman has managed to get into the Bill, but will he clarify a little further how it could help a situation that is extremely concerning to all who care about Northern Ireland?

[Sir William Cash]

The hon. Lady is a member of my Select Committee. Let me simply add, having set up evidence sessions with departmental Select Committees and having taken control of the manner in which the report is produced on that evidence, that Ministers will be under an obligation to allow the motion to be moved, and furthermore we will be able to vote on it. The bottom line, therefore, is that there will be real opportunities for the House to express its views in conjunction with any Select Committee that is brought into the arena with the European Scrutiny Committee. We will work effectively with those other Committees, as we have already done, for the purpose of adducing that evidence. We will then, I believe, be in a position to rely on the fact that the Floor of the House of Commons will determine the outcome of that evidence, and when there is a vote on it, we will then be able to apply the principles of parliamentary sovereignty in line with the judgment of Lord Denning, which I do not need to repeat.

These measures go to the very marrow of our body politic, which is the birthright of our citizens, forged over centuries in war and peace throughout our history. We had a referendum, and we had a decision from the British people. We must implement that decision, and anyone who opposes the Bill is effectively undermining our democracy and our self-government.