European Union (Notification of Withdrawal) Bill

Debate between Baroness Jones of Moulsecoomb and Lord Wigley

Committee: 2nd sitting (Hansard): House of Lords
Wednesday 1st March 2017 Lords Chamber

[Baroness Jones of Moulsecoomb]

My Lords, Amendment 12 is about transitional arrangements. It would require the Government to set out, prior to triggering Article 50, a detailed plan for transitional arrangements with the EU covering from the end of the two-year Article 50 notification period to the coming into force of a final treaty on the UK’s new relationship with the EU. It would further require that that plan be approved by Parliament.

I very much welcome the White Paper’s recognition that if a final deal with the EU can be successfully secured within the two-year Article 50 negotiation period there will need to be a gradual transition from what we have now to the trading relationship set out in the final agreement. In other words, we will not leave the single market overnight and there will be a phased implementation to give businesses the chance to adapt as necessary. However, that is not the same thing at all as needing a period of transition should, as most experienced observers expect, the two-year Article 50 negotiation period proves insufficient to reach a final agreement.

This simple amendment seeks to guarantee a meaningful transition arrangement to govern UK-EU trade relations during the period, which could of course be as long as a decade, between the UK leaving the EU at the end of the two-year Article 50 notification period and whatever longer-term agreement on the future UK-EU relationship is concluded. Currently, when we hit the two-year mark, which in reality could be as soon as 18 months given the requirement to bring the deal before this House, the other place and the European Parliament, the only option if a deal has not been secured is to send Britain over a cliff edge. We face having to leave the EU effectively overnight, crashing out of the EU on WTO-only terms. The Government stated clearly in their White Paper that they want to avoid cliff edges but it seems at the moment that they have done nothing to stay away from this one. In short, my amendment is a safety net.

Amendment 16 is about employment and equality protections and was drafted in collaboration with the Women’s Equality Party. It would ensure that once the UK had withdrawn from the EU any changes to workers’ rights or equality legislation derived from EU law would be subject to full parliamentary scrutiny. In recent weeks we have heard repeated very welcome statements by Ministers, most notably the Secretary of State for Exiting the EU, that EU-derived workers’ rights are not at risk from Brexit. The White Paper states that the,

“Government will protect and enhance the rights people have at work”.

That is obviously good news. However, the White Paper also says that the forthcoming great repeal Bill —or whatever we will call it—will enable changes to be made to such vital EU-derived law by secondary legislation. Perhaps that would not be by this Government but by a future one.

My amendment simply seeks to write those welcome ministerial assurances into the Bill, with particular regard to equality and women’s rights. Even half a century after the passing of the Equal Pay Act, women working full time still earn 14% less on average than their male counterparts. That is a cause for concern given the segregation of our labour market, the systemic undervaluing of work traditionally done by women and the unfairly shared burden of childcare. According to the disgracefully underfunded Equality and Human Rights Commission, pregnant women and new mothers are now twice as likely to face workplace discrimination as 10 years ago, yet the number of employment tribunal claims for sex or pregnancy discrimination has fallen sharply because of the introduction of hefty fees. We definitely need to retain and indeed work to enhance the legal protections against pregnancy, maternity or sex discrimination currently provided by EU-derived law, as well as similar protections against race, disability, age, religion or sexual-orientation discrimination.

I also support Amendment 29 from the noble Lord, Lord Wigley. It is clear that on 23 June last year the British people did not vote to cut the number of EU students in the UK. Why on earth would they? Those EU students bring benefits to our universities, economy and culture. The point of these amendments is to make the Government think again on all sorts of issues and I hope that they will. I beg to move.

[Lord Wigley]

My Lords, I have my name down in support of Amendment 16, which the noble Baroness, Lady Jones, just spoke to. It addresses the key question of ensuring that after Brexit and the repatriation of EU law—whether to Westminster or the devolved Administrations, as the case may be—there is not any erosion of the safeguards in law protecting the rights of workers and the interests of those protected by equality legislation.

My concerns are threefold. The first is the interests of disabled people, for which I worked for four decades and was involved directly in many of the key legislative steps, particularly the Disability Discrimination Act, which, incidentally, Sir John Major did much to facilitate as Prime Minister. Secondly, I am concerned about the safeguards for working people. Much progress has been achieved over the past 40 years and we must not let it be washed away by the Brexit tide. Thirdly, if we are to have unfettered access to the single market for our manufacturing products, as the Government hope, despite their unwillingness to include this in legislation, we must maintain equivalent standards to those on mainland Europe. We cannot allow these groups to suffer in a race to the bottom of that sort.

Amendment 29, in my name and that of the noble Baroness, Lady Jones, focuses on the paramount need to safeguard the whole higher education sector before committing to Brexit. In particular, the amendment refers to tuition fees, Horizon 2020 and other EU research programmes, Erasmus+ and,

“continued participation in the Bologna process”.

I hope the Minister will give the Committee some categorical assurances on these important matters, which are all fundamental to our higher education sector. If the Government are not forthcoming, these issues are not going to go away. They may well be addressed by a further amendment on Report for the Higher Education and Research Bill. An amendment has already been tabled in the name of the noble Lord, Lord Hannay of Chiswick, and others. In other words, one way or another, I am certain that this House will not allow our higher education sector to be undermined by Brexit. I would be very glad to have some assurances along those lines from the Minister.