European Union (Withdrawal Agreement) Bill

Claire Hanna Excerpts

Committee stage & Committee: 2nd sitting: House of Commons & Committee: 2nd sitting
Wednesday 8th January 2020 Commons Chamber

[Sammy Wilson]

My hon. Friend illustrates once again the potential unforeseen consequences.

Our amendments have the support of all the political parties in Northern Ireland, such is the degree of concern about the impact on the Northern Ireland economy. We could support Labour’s amendment 1, but it does not go as far as we would like. We already know from the Government’s own assessment that there will be impacts on the Northern Ireland economy, and while amendment 1 asks for a picture at a particular time, new clause 55 asks for a moving picture over a period of time, with independent assessments on a year-to-year basis of the impact of the Northern Ireland protocol on the Northern Ireland economy. That is as important as the assessment proposed in amendment 1.

[Claire Hanna (Belfast South) (SDLP)]

I thank the right hon. Gentleman for giving way. I regret that in the two hours allocated to speak about the Northern Ireland protocol, he is the only representative of Northern Ireland who will be allowed to speak on the substantive amendments we have tabled on north-south co-operation, the environmental impact and democratic oversight. That will contribute to the very real feeling that Brexit, and this form of Brexit, is being forced on Northern Ireland, which has never given its consent.

People will appreciate that the right hon. Gentleman and I come from very different perspectives, but all the Northern Irish parties and all the business community have worked together on our common interests, because they are so vital to protect businesses and consumers, who cannot absorb the costs of this Brexit. Does he agree that if the Government mean anything they say about protecting Northern Ireland and the assurances they have given on unfettered access and non-tariff barriers, they should at a minimum accept new clause 55?

[Sammy Wilson]

Yes. New clause 55 is very reasonable. It asks, first, for a 12-monthly assessment of the impact of the protocol on Northern Ireland; secondly, that if there is divergence in trade policy, the administrative costs of the impact should not be borne by the private sector in Northern Ireland; and thirdly, that it is done independently, to ensure that the true costs are not glossed over. It is a very reasonable new clause, adding to Labour’s amendment 1, and I hope that the Government will accept it. They want to give an assurance that they do not want there to be a detrimental impact on Northern Ireland. The only way we will know whether the terms of the protocol are having an impact on Northern Ireland is to make a regular assessment of the protocol, the regulations enforced as a result of it and the costs.

Our first set of amendments would require the Government to define unfettered access on the face of the Bill and would oblige Ministers and devolved Administrations to ensure that unfettered access. The second set is about representation on the Joint Committee. It will be a powerful Committee, and therefore it is important that there is Northern Ireland representation on it. The third set is on consultation with the Northern Ireland Assembly. I have already said to the Minister in an intervention—

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[Debbie Abrahams]

My hon. Friend makes the point that I am trying to make: if the Government are committed to this, why are they not putting it in the Bill?

Last September’s UN climate action summit delivered a boost in momentum, co-operation and ambition, but as the UN Secretary-General said:

“we have a long way to go…We need more concrete plans, more ambition from more countries and more businesses. We need all financial institutions, public and private, to choose, once and for all, the green economy.”

This year’s UN climate conference must see existing commitments renewed and increased, not least by the Government. The political declaration, agreed by the UK and EU in October 2019, proposed that the UK and EU should uphold “common high standards”. However, the declaration is only indicative and is not legally binding. Including an amendment on environmental non-regression in the Bill would help to ensure that standards are not weakened across the UK during the process of EU withdrawal. Given that the scope of the Bill is focused on actions in connection with EU withdrawal, further non-regression guarantees will be needed, both in domestic legislation, such as the environment Bill, and in the future relationship agreement with the EU.

The new clause is broken down into a number of different sections. Proposed new section 14A of the European Union (Withdrawal) Act 2018 defines regressive and protected matters covered by the proposal, which include

“the environment…food safety and other standards…the substance of REACH regulations; and…animal welfare.”

Proposed new section 14B adds a procedural check—similar to that already carried out on new legislation in relation to human rights—for primary legislation. This requires Government either to state that new legislation does not weaken environmental standards or, if it does, to explain why and require explicit parliamentary approval of that regression. The new office for environmental protection must be consulted during this process.

Proposed new section 14C prevents withdrawal from the EU being used as a route for lowering environmental standards by secondary legislation.

Proposed new section 14D prevents withdrawal from the EU being used as a route for lowering environmental standards by other public body action.

Proposed new section 14E requires the Secretary of State to publish guidance for Government Departments and other public authorities to support them in avoiding any regressive actions.

Finally, proposed new section 14F ensures that all new EU environmental law is reviewed by an expert independent body to track potential divergence. If any potential divergence is identified and not approved by Parliament, the Government must commit to taking steps to rectify that divergence.

An argument has been made that the new clause is not needed, as the UK will have better standards. However, Ministers have stated many times that environmental standards will not be weakened, so it should not be controversial to guarantee that in legislation, as my hon. Friend the Member for Brighton, Pavilion (Caroline Lucas) mentioned. What objection can the Government have to committing to the new clause? I would very much welcome the Minister’s comments on that. A meaningful commitment to non-regression is essential if the UK is to genuinely put itself forward as a world leader in environmental protection. I urge the Government to support the new clause; we need to ensure that their deeds match their words.

I was very disappointed that my new clause 9, with which I sought to prevent any Minister of the Crown from financially benefiting from any proposed trade deal, was not selected for debate. I was under no illusion that the Government would support it, but I wanted to highlight the issue. If anybody has not read the excellent book by Professor Danny Dorling on what is driving Brexit, I thoroughly recommend it. If national policy is being driven by the narrow interests of a few, and their interests are their own enrichment, our politics is not just damaged but broken. As I am sure many here would agree, politics is about public service, not what it can do for us personally.

[Claire Hanna]

I rise to speak to new clause 45, on the protection of the NHS from future trade deals, and new clause 59, on ensuring political representation for Northern Ireland in the European Parliament.

I suspect it goes without saying that I deeply regret the arrival of this point in the Brexit process. We still view Brexit as an extraordinary act of self-harm for Britain. We on our side of the Irish sea will suffer immense political, social and economic collateral damage. To protect ourselves, and indeed other regions of the UK, my hon. Friend the Member for Foyle (Colum Eastwood) and I have tabled amendments that would provide for impact assessments, prevent the diminution of rights, on which the hon. Member for North Down (Stephen Farry) has expanded very well, and give the Good Friday agreement institutions the flexibility they need to respond to the challenges that Brexit will bring. I do not need to remind Members that the Good Friday agreement is sovereign in Northern Ireland and has been endorsed overwhelmingly by the people—more so than anything else before or since. It is not just an ornament on the mantelpiece; it is a toolkit that can help us to weather the storm of Brexit, but it has to be given the powers, flexibility and opportunity to respond to the many challenges that we know are coming but the shape of which we do not yet know.

Ensuring European parliamentary representation for Northern Ireland is part of that. Thankfully, we will be within the regulatory orbit of the EU. Members will know that the Good Friday agreement mandates the Government to ensure no diminution of rights for people in Northern Ireland because of Brexit, but one of those rights, because they are Irish citizens and therefore will continue to be EU citizens, is the right to political representation in the European Parliament. There is therefore a duty on the Government to continue to provide that right for continuing EU and Irish citizens.

In many ways, the new clause merges amendments tabled by others around democratic oversight, transparency and parliamentary consent as this Brexit evolves. For the many reasons Members have laid out, if Brexit is to deliver even a fraction of what Government Members are promising, they should have no concerns about oversight and allowing people to see the process as it evolves. In matters of public policy, I have always found sunlight to be the best disinfectant. We must allow people to see how the processes are happening.

New clause 45 is self-explanatory. It seeks to protect the NHS from future trade deals and to ensure, if a future relationship affects the devolution settlement on health, that legislative consent is sought from the Northern Ireland Assembly—fingers crossed, it will exist again next week—and from the Scottish Parliament and the National Assembly for Wales.

We have tabled several other amendments—and support amendments that mirror them—around a level playing field, the maintenance of workers’ rights, Erasmus and Horizon 2020, which are so fundamental to Queen’s University in my constituency, and safeguards for EU nationals living here.

[Jim Shannon]

The hon. Lady is making some very pertinent points. In my constituency, the agri-food sector is important for jobs. We need workers’ rights enshrined so that those in the sector can have their jobs and immigration status retained. In some cases, people might fall through the cracks. If that is the case, we need to ensure that, even at this late stage, they can apply for and have the status they need. Does she think the Government should enshrine in legislation provisions that enable them to retain their immigration status in the United Kingdom of Great Britain and Northern Ireland so they can help our agri-food sector to grow and provide more jobs?

[Claire Hanna]

I do agree. In fact, I have been surprised to find myself in the same Lobby as the hon. Member several times today. That is how important these issues are to protecting jobs, consumers and our economy. He and I come from a place that has an emigration problem, and that problem is young people feeling the need to leave for opportunities elsewhere. That we have EU workers making their homes and paying their taxes where we live contributes to and enriches our economy, our community and our cultural lives. Everything must be done to protect those already feeling the cost of Brexit.

We spoke about the economic impact earlier, but I have spoken to EU citizens in my constituency who are already feeling the chill. Perhaps they are already being passed over for jobs or promotion because their employers do not know whether they will even be allowed to work here next year, or are asking, “Will I have to fill in lots of forms in order to continue to employ you?”

As I have said, we have covered an array of issues which have been set out very well by a number of Members, including the issue of child refugees. I do not mean this as an insult, but in many ways Conservative Members are the dog that caught the car. They have been chasing Brexit for a very long time, and now they have it. They have the numbers to get it done, and with that comes a duty to protect people from it. I do not believe that there is any good way to do Brexit, but they have those numbers, and they have that duty to take the roughest edges off it for the most vulnerable people.

[David Linden]

It is an honour to follow the hon. Member for Belfast South (Claire Hanna). I agreed with much of what she said.

I refer Members to my new clause 56, entitled “Implementation period negotiating objectives: annual celebration of Europe Day”. Unfortunately it was not selected by the acting Chairman of Ways and Means—[Interruption.] The Minister is chuntering, which is unusual for him. Members of the European Research Group, in their infinite wisdom, talk of Big Ben chiming away on 31 January, but if the Minister and the Government are serious about a strong future relationship with the European Union, it is important for them to consider our suggestion that an oral statement should be made on Europe Day, and that European flags should be flown above Government buildings.