Retained EU Law (Revocation and Reform) Bill

Baroness Hoey Excerpts

2nd reading
Monday 6th February 2023 Lords Chamber

[Baroness Hoey (Non-Afl)]

My Lords, for a number of years I was a member in the other House of the European Scrutiny Committee, under the formidable chairmanship of Sir William Cash—I expect that he will be a noble Lord eventually. I say “formidable” because he had a fervent eye for transparency and detail and a determination for scrutiny to be carried out with an attitude almost of zealotry. Sadly, the scrutiny that we had there did not mean that we could amend or stop the huge weekly package of new EU directives and regulations that came through. Occasionally, we would get a debate, if we or another Select Committee could manage it, but the result was always, as we know, that once the EU had agreed to something, it was difficult to change it. Therefore, I welcome a Bill that abolishes the supremacy of EU law.

I find it a little depressing that many in your Lordships’ House seem to have more faith in the European Union to deliver than in our own country’s ability to decide its own laws. There seems to be this misty-eyed view that the only institution that could really be trusted could never be our Government—of whatever political party—but could only be the European Union. Yet we know that so many of the rights that we got came originally from the campaigning of trade unions, which got Labour and Conservative Governments to bring into law some of our rights. It was not just about the EU.

rule of a foreign institution. Already we have seen dozens of changes to regulations brought in which have had no discussion or democratic consent in Northern Ireland. Even if the Assembly was sitting, it would make no difference. The EU makes changes which GB does not have to follow, but in Northern Ireland they do.

Noble Lords will be fed up with me saying this, but I reiterate that we in Northern Ireland had the same ballot paper on the referendum. Yes, there was a majority to remain, just as there was in Scotland, but at least Scotland is covered by this Bill under the arrangements for devolved Administrations, while Northern Ireland cannot benefit from any of it. The protocol carefully plotted by the EU, encouraged by the Irish Government and, sadly, agreed to by our Government, was not about trade; it is about trying to ensure that the divergence between Northern Ireland and the Republic of Ireland is reduced. By retaining Northern Ireland in the same single market as the Republic, under the same customs code and VAT regime, and being governed by the same laws, Northern Ireland is slowly being pushed away from Great Britain, our biggest market, and forced into an economic Ireland, which is, of course, a foreign country. This may have been a grave mistake by our negotiators, but it was certainly not a mistake by the Irish Government. It was an assault on Northern Ireland’s constitutional position and, sadly, our Government naively went along with it.

Obviously, in Committee there will be changes to this Bill, and it might get greater scrutiny. However, I say to those here who are concerned about the scrutiny of this Bill—and plead to noble Lords to remember—that, while we are talking about scrutiny of something that Ministers at least can get involved in, in Northern Ireland we are putting through more and more regulations from the European Union that nobody in this House, nobody in Northern Ireland and nobody in the Assembly, if it was sitting, has anything to do with. That is a disgrace for anyone who calls themselves pro-union.