European Union (Withdrawal Agreement) Bill

Baroness McIntosh of Pickering Excerpts

Committee: 3rd sitting (Hansard) & Committee stage & Committee: 3rd sitting (Hansard): House of Lords
Thursday 16th January 2020 Lords Chamber

[Lord Teverson]

No, it just stays as it is.

[Baroness McIntosh of Pickering (Con)]

I congratulate the noble Baroness, Lady Hamwee, on shining a light on this particular difficult policy area. I follow on from the remarks made by my noble friend Lady Altmann, but on a slightly different question, regarding a case study with which I am all too familiar because it concerns my own pension, so I hope that noble Lords will forgive me for raising this.

One area of EU law that has long concerned me is the free movement of pensions and that the pension to which one contributes while living and earning money in another EU member state should be recognised when one returns to the UK. In my case, I remember only too well that I contributed on two occasions, once as an employee and once as a self-employed independent lawyer. On one of those occasions, my contribution was taken and has simply not been recognised. I am sure that this is a common problem; I cannot believe that it applies only to me.

I am in a privileged position as regards my pension, other than the fact that I am told I cannot take my state pension until a slightly later year than I was expecting. When summing up on this small group of amendments, can my noble friend give the House assurance that, where an individual of whatever nationality —British, in my particular case—has contributed to a pension scheme in, for example, Belgium, France, Germany or Denmark and at some future date wishes to return to the United Kingdom, there is a guarantee that their pension will be recognised and will be paid as part of either a private or occupational or state pension at the time of retirement?

[Lord Whitty (Lab)]

My Lords, I had not intended to speak on this amendment: indeed, I did not speak at Second Reading and have concentrated in my own amendments on some fairly technocratic issues. However, my noble friend Lord Teverson—or, rather, the noble Lord, Lord Teverson, who on occasion is my friend—has provoked me. One reason I did not speak at Second Reading is that I now recognise that Brexit is going to happen on 31 January and I am feeling emotionally negative about it. I shall not be joining any celebrations, even if they raise the money for Big Ben to bong.

European Union (Withdrawal Agreement) Bill

Baroness McIntosh of Pickering Excerpts

Report: 2nd sitting (Hansard - continued) & Report stage & Report: 2nd sitting (Hansard - continued): House of Lords
Tuesday 21st January 2020 Lords Chamber

There are, therefore, very serious issues at stake here. In fact, if the Government accepted this amendment it would cost nothing. I hope that they will do so—but that is a hope that may take some time to blossom.

[Baroness McIntosh of Pickering (Con)]

My Lords, I support in principle, as I did in previous European Union withdrawal Bill debates, the sentiments that underlie this amendment. I ask the Minister to clarify in his summing up a point about animal welfare. Does he recall when we diverged from the rest of the European Union—I think it was in the early 1990s—by introducing a unilateral sow stall and tether ban, which we believed would pander to the animal welfare lobby and ensure overnight that the Conservatives appealed to a group that was not in the habit of voting Conservative? The outcome at that time was not what we had hoped: it was to push many of our pig producers out of business and to encourage more imports from countries such as Denmark and Poland. That was because the consumer tended to buy their meat not from local butchers but from supermarkets, on the basis of price. While it may therefore be appealing to introduce food into this country from countries that do not meet our high standards, it is highly undesirable for a number of reasons.

In this regard, will the Minister clarify the Government’s position on the introduction of a standards commission? Great progress was made in the last Parliament between the National Farmers’ Union, other farm organisations and the Department for Environment, Food and Rural Affairs. It was generally understood that a standards commission would be introduced to ensure that our home-produced foods and farm products would not meet unfair competition. The usual examples, with which we are all too familiar, are hormone-produced beef and chlorinated chicken, but there is also poultry and other products from Brazil, Argentina and other countries. Will my noble friend confirm that the Government are minded to introduce such a standards commission before the end of December?

I do not see it on today’s list, but I understand that potential problems are looming with the Audiovisual Media Services Directive, which I am not familiar with, but, having attended a conference this morning, I am more familiar with than I was yesterday. The Commission is due to introduce guidelines that we will be obliged to follow, although it has not yet done so. We will not have a regulator in place immediately, although I understand that the Government are going to announce an interim regulator imminently. Will the Minister confirm what the status of this directive will be as part of retained EU law, as it has already been adopted but not yet implemented? It would be very helpful if he could outline to the House today what that will be.

The noble and learned Lord, Lord Goldsmith, who so eloquently introduced this amendment, referred among other things to chemical safety, biodiversity, the environment, animal welfare and food safety. What is the situation regarding new chemicals that will be introduced in this country and that we would hope to export to the European market in the run-up to December this year, given that we will have an office for environmental protection fully in place only by 1 January 2021?

[Lord Hendy (Lab)]

My Lords, I am no thespian, and my abilities as a scriptwriter are minimal. However, I have prepared a 60-second play to entertain your Lordships this afternoon.

Imagine the scene: a chance encounter between the Prime Minister and one of those voters from the “red wall” constituencies who lent his or her vote to the Conservatives on the basis that they would “Get Brexit done”. I thought we might stage it in the National Railway Museum in York. I have to tell noble Lords that this play is not a comedy. I am going to call my protagonist “Billy” for the sake of argument:

“Billy: The Withdrawal Bill before the election had protections for my EU workers rights, but those protections have been removed from the current Withdrawal Bill. Why?

The Prime Minister: No problem. The protections will be in an Employment Bill later this year.

Billy: Ah yes, I saw you stated in the Queen’s Speech briefing that the Employment Bill would ‘Enhance and protect workers’ rights – as the UK leaves the EU … making Britain the best place in the world to work’, and I noted that your manifesto said that you will ‘Raise standards in areas like workers’ rights’.

The Prime Minister: There you are then.

Billy: But Ministers have said that there will be no dynamic alignment, and yesterday the Chancellor of the Exchequer said no regulatory alignment either.

The Prime Minister: Correct.

Billy: But that means you could cut my rights: you could reduce my EU right to paid holiday from four weeks to two.

The Prime Minister: That’s not our intention, but you must understand that we can’t have our hands tied in negotiations with the EU.

Billy: Ah! Now I understand. The EU might want to cut the rights of British workers, and you want the freedom to defend them.

The Prime Minister: Not quite. The EU will be seeking to defend your rights. It’s the British Government who might need to threaten to reduce them.

Billy: But I thought, when I voted to take back control, that the British Government would stand up for British workers’ rights.

The Prime Minister: Not quite.

[Dramatic pause.]

Billy: I’ve been conned. You’ve done me up like a—[expletive deleted]—kipper.

THE END.”

Will the Government give an assurance that they will not permit workers in the United Kingdom to have fewer rights now or in the future than those of their counterparts in the EU, the US or any other country with which a free trade agreement is sought? If that assurance is given, this amendment will be unnecessary. If that assurance is not given, the Minister should not mince words and should state clearly that in these negotiations the British Government will not defend the rights of British workers.

--- Later in debate ---

[Baroness McIntosh of Pickering]

I followed my noble friend’s arguments closely and understood him to say that Section 8 can be used only to correct deficiencies following the EU withdrawal Bill. His summing up was comprehensive, but he did not respond to the potential obvious deficiencies in the audio-visual media services directive. This may not be the only directive that falls into this category, but it is a category that I banged on about ad nauseam during the first EU withdrawal Bill and it has still not been resolved. If my noble friend is not able to answer today, could he write and tell me, and everyone else who has spoken in this debate, what the legal position is? We have not implemented the directive, but we are now leaving the European Union and it becomes part of retained law, I would argue, in a very deficient way.

[Lord Callanan]

If it becomes part of retained EU law before the end of the implementation period, it will be transferred into British law by snapshotting the procedure. I do not know the details of that directive, so I undertake to write to the noble Baroness about it.