European Union (Withdrawal) Bill

Chris Leslie Excerpts

Thursday 7th September 2017 Commons Chamber

[Mr Davis]

Not for a moment. I will make some progress and come back to the hon. and learned Lady.

The conversion of EU law into UK law is an essential measure to ensure that the UK leaves the EU in the smoothest way possible. However, that action alone is not enough to ensure that the statute book continues to function. Many laws will no longer make sense outside the EU. If we were only to convert EU law into UK law, our statute book would still be broken. Many laws would oblige UK individuals, firms or public authorities to continue to engage with the European Union in a way that would be both absurd and impossible for a country that is not within the European Union. Other laws would leave the European Union institutions as key public authorities in the UK—a role they would not be able to perform or fulfil.

The problems that would arise without our making these changes would range from minor inconveniences to the disruption of vital services we all rely on every day. In practical terms, they would range from a public authority being required to submit reports on water quality to the European Union, to disruption being caused to the City by the removal of the supervision of the credit rating agencies entirely. It is essential that these issues are addressed before we leave the European Union, or we will be in breach of our duty as legislators to provide a functioning and clear set of laws for our citizens.

That is why the Bill provides a power to correct problems that arise in retained EU law as a result of our withdrawal from the European Union. This is clause 7, the so-called correcting power. Unlike section 2(2) of the European Communities Act—this goes straight to the point that the right hon. Member for Normanton, Pontefract and Castleford raised—which can be used to do almost anything to the statute book to implement EU law, the correcting power is a limited power. It can be used only to correct problems with the statute book arising directly from our withdrawal from the European Union. Ministers cannot use it simply to replace European Union laws that they do not like. It is designed to allow us to replicate as closely as possible existing European Union laws and regimes in a domestic context. It is also restricted. It cannot be used, for example, to create serious criminal offences, amend the Human Rights Act, or impose or increase taxation. We have ensured that it will expire two years after exit day so that nobody can suggest that it is a permanent attempt to transfer power to the Executive.

[Mr Chris Leslie (Nottingham East) (Lab/Co-op)]

Will the Secretary of State give way?

[Mr Davis]

No.

I accept that proposing a delegated power of this breadth is unusual, but leaving the European Union presents us with a unique set of challenges that need a pragmatic solution. Using secondary legislation to tackle such challenges is not unusual. Secondary legislation is a process of long standing with clear and established roles for Parliament.

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[Lady Hermon (North Down) (Ind)]

rose—

[Mr Leslie]

rose—

[Mr Davis]

I will give way to the hon. Lady.

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[Keir Starmer]

When I have finished this point.

As the Prime Minister and the Secretary of State will know, this morning the House of Lords published a further report on the Bill, which reached the following conclusion:

“The executive powers conferred by the Bill are unprecedented and extraordinary and raise fundamental constitutional questions about the separation of powers between Parliament and Government.”

The report—published by the Committee that the Prime Minister prayed in aid yesterday—went on to say:

“The number, range and overlapping nature of the broad delegated powers…would fundamentally challenge the constitutional balance of powers between Parliament and Government and would represent a significant—and unacceptable—transfer of legal competence.”

Far from being an endorsement, that is an explicit and damning criticism of the Government’s approach.

[Mr Leslie]

I entirely agree with my right hon. and learned Friend, who has pointed out what a joke the Bill is. It sets out all those supposed safeguards, but, as my right hon. and learned Friend correctly pointed out, Ministers can make regulations to modify it. We are disappearing down an Alice in Wonderland rabbit-hole of legislation. Is it not also true that it does not matter when Ministers—the Prime Minister, or the Secretary of State—say, “Trust us: we will not use these regulations”? They could be here today and gone tomorrow, and the hon. Member for the 18th century—the hon. Member for North East Somerset (Mr Rees-Mogg)—could be Prime Minister. We could be totally in his hands, and there would be all these powers.

[Keir Starmer]

I am grateful for that intervention.

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[Mr Chris Leslie (Nottingham East) (Lab/Co-op)]

The right hon. Member for North Shropshire (Mr Paterson) talks about promises made, but I think we all remember the promises made by those campaigning to vote leave in the referendum, resulting in the Bill we have before us. They promised £350 million a week for the national health service, and I am still waiting to see that clause in the Bill. The Secretary of State for International Trade said that it would be the easiest thing in the world for us to have all these fantastic trade deals and that by now we would be halfway towards trade deals 10 times the size of the European Union. And yes, as the right hon. Member for North Shropshire helpfully repeated, they promised that if we held that referendum and got that result, we could take back control. Well, here we are, with this Bill before us, and it is indeed the case that some are taking back control, but it is not Parliament; it is the Prime Minister and the Executive—those on the Crown payroll.

As my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper) said earlier, it is unacceptable with respect to the British constitution that we should be asked almost to create one of the most supine Parliaments that has existed around the world, as we are in the shape of the provisions set out in the Bill, particularly clauses 9 and 17, which will gift such wide-ranging powers to Ministers. As I indicated when the Secretary of State opened the debate, it is all very well for Ministers to promise, “Don’t worry, I give you an undertaking that we won’t misuse this power in this particular way. Just because it says that we can take any order-making power if we deem it appropriate, we won’t abuse it in any way,” and it is all very well that the legislation says the Government will use the super order-making power, which will allow them to make an order for a month without reference to Parliament even through a negative statutory instrument, only if it is urgent, but that definition is entirely in the hands of Ministers, and of course Ministers are here today, gone tomorrow.

Ministers can come and they can go. Members from all parties need to imagine their worst-possible scenario for who could be Prime Minister. Stranger things have happened. They should think about whether they want to vest in the hands of that individual—he or she—those massive and sweeping powers, perhaps for a prolonged period. It is true that clause 9 says there might be a two-year limit for some of these powers, but of course that clause will allow a Minister to reform this Bill itself when it is an Act. The Minister can simply say, “Two years—no, I have changed my mind, let’s go for three. Let’s go for five years.” It is a completely ridiculous open-ended measure.

We will not have much time to debate the Bill. We have a ridiculous programme motion that gives only eight days for scrutiny in Committee. The Bill gives carte blanche in so many ways. By the way, the Ways and Means and money resolutions on which we will vote on Monday grant powers for “any expenditure” under the withdrawal agreement, possibly including that £30 billion, £40 billion or £50 billion—who knows?—divorce alimony settlement. It is ridiculous that Parliament would take away its own powers in this way. We have to be able to see the withdrawal agreement and the seven pieces of Brexit legislation before we hand to Ministers such sweeping order-making powers.

The Bill is not just about process and processology in this place. I sometimes wonder whether the public look at us and think, “Why are you officiously checking the air pressure on the tyres before you get in a vehicle and drive it over the cliff edge?” The debate is very much about whether Britain leaves or stays in the single market, because the Bill will delete the European Economic Area Act 1993. It is very much about whether we have a good free trade arrangement without tariffs and customs barriers, because the Bill will take away many of the arrangements we have for a common commercial alliance with our European partners. It is about jobs, business and austerity, because the Treasury needs the revenues from a decent economy to pay for public services. That is what we are fighting for, so the Bill needs to be opposed.