Legislating for the Withdrawal Agreement

Debate between Chris Bryant and Matthew Pennycook

Monday 10th September 2018 Commons Chamber

[Matthew Pennycook (Greenwich and Woolwich) (Lab)]

It is a pleasure to take part in this debate, and I very much welcome the fact that we are having it.

I suspect that many right hon. and hon. Members, particularly those who took part in its Committee stage, will share my view that the year-long passage of the European Union (Withdrawal) Act 2018 was perhaps the most demanding legislative exercise that Parliament has undertaken in recent decades. The process of overlaying and amending that byzantine piece of legislation with the proposed EU withdrawal agreement Bill will be equally, if not more, complicated and onerous. That is why we welcome the publication of the White Paper before the summer recess and the opportunity for further debate today on the Government’s early expectations for that Bill.

I want to touch on three distinct issues. The first is the relationship between the proposed Bill and the recently enacted European Union (Withdrawal) Act. The second is what is not covered in the White Paper: the parts of the withdrawal agreement that remain unresolved but which will need to be resolved if we are to avoid crashing out of the EU with no deal, which would be the hardest and most damaging of departures. The third is the political declaration on the future framework and the type of document that the Opposition believe will be required for Parliament to make an informed judgment about whether the final deal should be supported.

I know that many Members want to contribute, so I do not intend to cover all the parts of the withdrawal agreement made at the March European Council, such as the negotiated financial settlement or the issue of citizens’ rights, which the Minister touched on. We will, of course, fully scrutinise the Bill as it applies to those issues when it is published and the technical details become clear.

[Chris Bryant]

There is an issue there, is there not? Drafting legislation normally takes time. There are only so many draftsmen and women in this country, and they tend to take their time. Even a very simple Bill can take months to draft. The idea that we would consider a Bill only days after the negotiation had been settled is for the birds, is it not? It is inconceivable that we will get legislation through both Houses before the end of March.

[Matthew Pennycook]

My hon. Friend makes a good point. It will be difficult, which is why it is imperative that the Government bring back a negotiated agreement at the earliest opportunity. I hope that Ministers will confirm that it remains the Government’s intention to do so after the October EU summit. If the passage of the withdrawal Act is anything to go by, the Bill may be in trouble time-wise.

European Union (Withdrawal) Bill

Debate between Chris Bryant and Matthew Pennycook

Committee: 6th sitting: House of Commons
Tuesday 12th December 2017 Commons Chamber

[Chris Bryant]

We might think that the most extreme legislation that would be on the statute book allowed for emergency powers. The Civil Contingencies Act 2004 makes it absolutely clear that, when Henry VIII powers are to be used, the Minister must explain why they are important, why they are necessary and that they have met an appropriate level of proper jurisdiction beforehand, but none of that is available in the Bill. Is it not therefore important that we have measures such as amendment 17, which adds to the clause?

[Matthew Pennycook]

Absolutely. My hon. Friend spoke powerfully about this matter on Second Reading, and he is right in saying that the scope of the powers in this Bill is not narrow, as some Conservative Members have argued; these powers are extraordinarily wide and unprecedented in the post-war period. I struggle to find other examples of Acts that have drawn their powers this wide.

Secondly, and perhaps more concerning, clause 7(1) will allow Ministers to make such regulations as they consider appropriate for the purpose of preventing, remedying or mitigating

“(a) any failure of retained EU law to operate effectively, or

(b) any other deficiency in retained EU law”

arising from exit. What is meant by the entirely subjective phrase “operate effectively” is left entirely open, a point rightly highlighted by amendment 15, which stands in the name of the right hon. and learned Member for Beaconsfield (Mr Grieve) and others. What is meant by deficiencies is more precisely defined, but clause 7(2) still only provides a non-exhaustive set of examples of what is considered to fall within this category. As such, it leaves Ministers with considerable latitude in determining when retained EU law contains a deficiency. The explanatory notes to the Bill seek to reassure us that the power could not be used by a Minister just because he or she considered the law in question to be flawed prior to exit. Today’s Minister will no doubt repeat that it is not the Government’s intention to use this Bill to make major policy changes or to establish new frameworks in the UK beyond those which are necessary to ensure we have a functioning statute book on exit day. But in the absence of a definitive criteria of what constitutes a deficiency, or, indeed, restrictions on how deficiencies might be addressed in the Bill, there is still scope for the Executive to enact substantive changes to policies in areas that were previously underpinned by EU law, whether by lowering permissible air quality levels or modifying crucial employment protections.