European Union (Withdrawal) Bill

Debate between Baroness Jones of Moulsecoomb and Lord Wigley

Monday 18th June 2018 Lords Chamber

[Baroness Jones of Moulsecoomb (GP)]

My Lords, to say that I am fuming at dropping this amendment would be to put it mildly. I am incredibly disappointed. It would have been a move forward. We have such fine words from the Government, but we do not have the action. Having said that, I admit that the Government’s compromise amendment has moved us forward, but just not far enough. Therefore, as the noble Lord, Lord Krebs, just said, this is unfinished business and will come back.

The Government promised us the same standards as the EU has given us, and they have backtracked on that. It is deeply offensive not only to this House but to the whole country that the Government have been so profligate with a promise they made and then decided not to honour it. I deeply regret the amendment not being moved, and we will be back.

[Lord Wigley (PC)]

My Lords, at earlier stages of the Bill, when an amendment of the noble Lord, Lord Krebs, was debated, the Minister made the point that the amendment as then tabled could constrain the devolved authorities. Will he explain to the House how his amendment has overcome that problem?

European Union (Withdrawal) Bill

Debate between Baroness Jones of Moulsecoomb and Lord Wigley

Committee: 2nd sitting (Hansard - continued): House of Lords
Monday 26th February 2018 Lords Chamber

[Lord Wigley]

I hear what the noble Baroness says. All I would say is that by ensuring that we incorporate things into UK law, we then have an opportunity, democratically and in an accountable fashion, to make modifications as may be necessary. The danger is that we will throw out babies with bathwater.

Again, the Government have stated that the removal of the European Charter of Fundamental Rights from UK law,

“will not affect the substantive rights from which individuals already benefit in the UK”.

The White Paper notes that many of the rights protected in the charter are also found in UN and other international treaties that the UK has ratified, including the UN Convention on the Rights of the Child. However, in a centralised context there is no specific statutory provision requiring respect for children’s rights in lawmaking, nor a general requirement to safeguard and promote the welfare of children in the UK.

Furthermore, this particular argument has a specific Welsh angle. Stronger protection for children’s rights exists in the devolved nations, specifically in Wales. The Rights of Children and Young Persons (Wales) Measure 2011 imposes a duty on Ministers to have due regard to children’s rights as expressed in the UNCRC when exercising any of their functions. To achieve that obligation, since 2012 the Welsh Government routinely undertake child rights impact assessments on proposals for Welsh law or policy that will affect children directly or indirectly.

The withdrawal Bill will limit the scope of the devolved nations to alter law within the current devolution settlement and brings competence on matters that have been arranged under EU law back to Westminster. This would prevent the devolved nations from exercising their powers to withstand or amend legislation from Westminster, even where this contradicts their own commitments to children’s rights. I submit the amendment to the Committee as a contribution to the debate on these most important considerations.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I rise as a co-signatory to Amendment 35. I usually come to these debates feeling that I understand all the issues involved and, within minutes, I am confused by contradictory legal opinions and by arguments from across the House on issues that are not even relevant to the Bill. So can we go back to basics? I feel like the woman on the Clapham omnibus who is just seeing common sense. The fact is that the Government promised to bring over all EU law and are choosing to exempt this aspect of it. I do not understand that; they break a promise at their peril, because people out there will not understand.

I could not do better than repeat some of the things said by the noble and learned Lord, Lord Goldsmith, about the Equality and Human Rights Commission. Let me read again what it says:

“The simplest and best way of achieving the Government’s intention that substantive rights should remain unchanged and ensuring legal certainty is to retain the Charter rights in UK law”.


I do not understand why the Government do not see that as well. The legal opinion produced for the Equality and Human Rights Commission by Jason Coppel QC, which we have heard of already, states that failing to keep the charter will result in,

“a significant weakening of the current system of human rights protection in the UK”.

Why is that not accepted? It is a legal argument. Have the Government read that opinion? If so, will they re-read it and give us a considered response to it? It clearly has a validity that I doubt the Government’s position has.

The noble Viscount, Lord Hailsham, spoke about being on the centre ground, which I did not entirely agree with. I feel that I am on the centre ground; I feel that I, here, can at least express things that I hear out on the street. Out on the street, people think that the Government are going to keep all EU law and then amend it when it comes. That was the promise, so why are the Government refusing to fulfil it?