European Union (Withdrawal) Bill

Debate between Caroline Lucas and Stephen Doughty

3rd reading: House of Commons & Report stage: Second Day: House of Commons
Wednesday 17th January 2018 Commons Chamber

[Caroline Lucas (Brighton, Pavilion) (Green)]

Time is short so I shall make just two brief comments.

First, I support amendment 59 and thank the SNP on taking the initiative on pulling that together. The hon. Member for Glenrothes (Peter Grant) made a compelling speech on the importance of remaining inside the single market and customs union, and I join him in appealing to Labour Front Benchers even at this eleventh hour to support it. As he and many other Members have said today, the Government have no mandate for the kind of extreme Brexit they are pursuing. The irony in the Labour Front-Bench position is that the NHS crisis or the inequality crisis or the housing crisis are all far harder to tackle if the UK is outside the single market and customs union.

My second point is to commend the hon. Member for Wakefield (Mary Creagh) on her speech on her new clause 12. I agree entirely with what she said. She says the environmental plan lacks a “how”. That is true, but, crucially, it also lacks a “when,” and a key question at the heart of my new clause 18 is about timing. The Government are in theory at least committed to bring forward this new domestic environmental regulator, which is supposed to set out the way in which environmental legislation will be enforced once Brexit happens, if it happens. I am concerned that there is nothing to guarantee that that new body will be in place by Brexit day.

We have had positive written statements. For example, the Secretary of State for Environment, Food and Rural Affairs explained in a written statement last week that the Government’s 25-year environmental plan will be underpinned by what he says is

“a comprehensive set of environmental principles”

to “ensure strong governance”. He also talks about consulting on setting up

“a world-leading environmental watchdog, an independent, statutory body, to hold Government to account for upholding environmental standards.”—[Official Report, 11 January 2018; Vol. 634, c. 12WS.]

That is all very well, but what is not addressed is the question of timing, which is why my new clause 18 is so important.

We need to make sure that there is no so-called governance gap, and there is still a very real risk that, after Brexit day but before this new body comes into place, we will have a governance gap where environmental legislation that might well have been brought across from the EU to the UK still will not be enforceable. We will still not have that replacement for the Commission and the ECJ. We will end up with what has been called zombie legislation.

This new clause 18 is vital; we must not be left with that legal gap. We need legal certainty. That is what this provision will provide, and I urge the Government to think again about supporting it.

[Stephen Doughty]

I shall speak to new clause 20 in my name and those of other Members, and I also want to express my support for new clauses 6, 12, 11, 1 and the other Opposition amendments and many of the other excellent proposals put forward today. I wish to make it clear, too, that although we debated amendment 5 yesterday, I do not seek to press it to a separate Division today. However, I hope that, given the debates we have had about devolution, Members in the other place look very carefully at the issues in question and whether the Government come forward with amendments to address the concerns about clause 11 and other parts of the Bill.

I am proud to have tabled new clause 20 along with other hon. Members because I am a Labour and Co-operative MP, and part of the co-operative ideal is that democracy, decision making and process are not one-off events, and nor do they only involve one group of people. As a Co-operative MP, I believe in the involvement of Members, of management, of consumers and of others who have a stake in the running of a business, enterprise or organisation, and I believe we should be looking at this Brexit process in a much more co-operative way. Indeed, that would address many of the concerns about the way it is going forward.

We are at present heading forward with a monolithic approach by the Government—a reckless hard Brexit approach that does not take into account the many other ways. The point has been clearly made that the public can change their mind and look at different options. There are many options that we could take in this process, but we are being handed one particular route forward and there is an attempt to shut down the debate on any other options that might be out there.

Thankfully, other organisations have rejected this and have been using the excellent procedure of the citizens jury to try to understand what the public think about the detail—not just the question of leave or remain—and about crucial questions such as whether we should remain in the single market or the customs union. My new clause 20 seeks to institute a citizens jury on the Brexit negotiations. It would involve a selection of citizens from across the country who are informed about the facts that we so often do not have before us. It would be able to deliberate on and discuss them in a free and fair way, and it would incorporate people who voted leave and those who voted remain, as well as people with all the shades of opinion in between.