Retained EU Law (Revocation and Reform) Bill

Daniel Kawczynski Excerpts

Wednesday 24th May 2023 Commons Chamber

[Danny Kruger]

It is an honour to wind up for the Back Benchers in this tremendous debate. It has been good natured, but it has also revealed, in a constructive way, some of the profound differences that have divided the country and the House in recent years. The Bill represents the great unfinished business of Brexit. It is, in a sense, the fulfilment of the great promise of Brexit: to bring back control over our laws.

There are two visions of Brexit among those of us who supported it. On the one hand, there are those who believe in deregulation, innovation and free trade. They believe not in the fantasy of slashing protections and regulations, but in cheap food, even in free movement, and in the vision of John Bright, the ancestor of my hon. Friend the Member for Stone (Sir William Cash), who believed so passionately in free trade. On the other hand, there are those of us who believe more in the protection of domestic industry, in reducing migration and in workers’ rights—more Disraeli than Bright.

With that tension in the Tory tribe, we have been battling in recent years about the fulfilment and implementation of the Brexit dream. The fact is that whichever side of the tension we are on, we believe that it should be this Parliament that sets the direction for our country and delivers the sort of country we want to be, post our membership of the European Union. We should determine policy in these areas. That is why the Bill is so good and so right.

I recognise that some hon. Members and parliament-arians in the other place object to the process for the revocation of EU law, particularly the use of statutory instruments, that the Bill introduces. I respect the spirit of the amendments championed by Lord Hamilton in the other place and by the hon. Member for Walthamstow (Stella Creasy) here, but as my hon. Friend the Member for Harrogate and Knaresborough (Andrew Jones) just explained so well, these are profound questions about parliamentary process that are not appropriate for this Bill or this place. Although the spirit of the amendments may be valid, I do not think it is appropriate to tamper with the process through this Bill.

The fact is that the elected Government are responsible for scheduling the measures that will be revoked or reformed—there will be that democratic oversight, unlike there was in the process by which those measures were brought into this place. My right hon. Friend the Member for Camborne and Redruth (George Eustice) explained clearly how this House had no opportunity to challenge EU law as it was introduced. The laws came into Parliament by sneaky means, rather like the rats coming up through the drains, but they will go out in the proper way: briskly and fairly.

I am pleased that we are doing this and, crucially, that we are making the profound change given effect by the Bill, which is to restore the supremacy of UK law. I honour the Government for their efforts to get the process of extirpation, or revocation, right, and to remove the problem that there are two systems of law in operation in this country. We should have one system of law, made in this place.

I approved of the sunset clause. I agree with my right hon. Friend the Member for North East Somerset (Mr Rees-Mogg) about the value of having the stimulus of a deadline. I recognise and respect the point made by my right hon. and learned Friend the Member for South Swindon (Sir Robert Buckland) about the danger of having sent the Light Brigade of valiant EU laws into the valley of death, but it would be dangerous to send in the heavy brigade after them. Nevertheless, I think we had the right approach. I accept the Secretary of State’s argument that those in Whitehall rather over-interpreted their instruction to find laws to retain and found that they needed to retain them all. They must have worked very hard—they probably even came into the office to do that work.

[Daniel Kawczynski (Shrewsbury and Atcham) (Con)]

My hon. Friend will know that there are other countries that may themselves want to leave the European Union in the future and will be watching us closely. Our ability to implement our own laws will be instrumental in whether they decide to join us in freedom.

[Danny Kruger]

I am grateful to my hon. Friend for that intervention; I hope we can inspire the countries of Europe, as we have so often in our history.

We have changed from a default assumption of removal of EU laws to a default assumption of retention. I understand the rationale for that change, even if I regret it. I also regret, but do not understand, why the decision to change the basis of the law was made when the Bill had passed its stages in this House and was in the House of Lords. It passed the Commons with a big majority and the whole Conservative party behind it; I think it was the SNP spokesperson who said it was rather like a handbrake turn in the House of Lords. I agree with that and I regret it.

Nevertheless, since then the Government have engaged constructively with Members. I pay tribute to my hon. Friend the Member for Stone, who is not in his place. I think every Bill needs an hon. Member for Stone stage, and if that was not done through the European Scrutiny Committee, it was done behind the scenes and it was very effective—[Interruption.] I see my right hon. and learned Friend the Member for South Swindon agreeing with me about the value of that stage of legislation.

I respect the Government’s intention and I accept their assurances that they intend to revoke at scale, because we need to recognise that the new schedule as it stands is very weak. My hon. Friend the Member for Stone said that only five of the measures in the schedule reflect significant laws. He said he was watching Eurovision while doing that work, so it must have been a very painful exercise—gloriously awful. Britain did very badly in Eurovision, and I am afraid Britain has not done brilliantly in this exercise either. It reflects poorly on Whitehall that we have only managed to identify those five substantial measures for revocation.

There is so much that can be done, whether people are free traders, like my right hon. Friend the Member for North East Somerset—who is back in his place—or protectionists like some of us.

European Union (Withdrawal) Act

Daniel Kawczynski Excerpts

Tuesday 15th January 2019 Commons Chamber

[Nick Thomas-Symonds]

My constituents, like those of the hon. Gentleman, voted to leave the EU, and I voted to trigger article 50 in good faith and in line with their wishes. I sincerely hoped that there would by now be something significantly better before this House that we could all have supported and got around.

[Daniel Kawczynski (Shrewsbury and Atcham) (Con)]

rose—

[Nick Thomas-Symonds]

I am going to make some progress, but I will give way again in a moment.

I want to move on to the letter that has been sent by President Juncker and President Tusk, page 2 of which states:

“The European Council also said that, if the backstop were nevertheless to be triggered, it would only apply temporarily, unless and until it is superseded by a subsequent agreement”.

They again spoke about “best endeavours” and about the backstop being in place only for as long as “strictly necessary”, but we all know that that represents no difference at all to the position on which the Attorney General advised in December. Have there been any changes to the withdrawal agreement text? None. Changes to the possible interpretations of it? None. Changes to the reassurances available? None. What did the Attorney General himself say in his latest letter to the Prime Minister about the Council’s conclusions and their impact on the Northern Ireland protocol? He said that

“they do not alter the fundamental meaning of its provisions as I advised them to be on 13 November 2018.”

To coin a phrase, nothing has changed.

[Daniel Kawczynski]

rose—

[Simon Hoare (North Dorset) (Con)]

rose—

Withdrawal Agreement: Legal Position

Daniel Kawczynski Excerpts

Monday 3rd December 2018 Commons Chamber

[The Attorney General]

The hon. Gentleman is shaking his head. Why would he not believe me? Does he think I want to be in this position? Does he really think that if there were not some fundamental bar of principle against my disclosing anything I might have given to the Government, I would not immediately volunteer it to him and all hon. Members opposite? I am only doing it to protect us.

[Daniel Kawczynski (Shrewsbury and Atcham) (Con)]

I must press the Attorney General on the answer he gave to my hon. Friend the Member for Shipley (Philip Davies) on his legal advice about how much we actually do owe the European Union. How can he expect us to vote for this deal if he cannot give us his legal opinion about what we specifically still owe it? Is some of this money going on good will for the possibility, maybe, of a trade agreement?

[The Attorney General]

There is a formula in the agreement for the calculation of our obligations, but it depends on others’ contributions, what particular programmes there are and whether they spend particular sums of money. There is a series of variable factors, which is why we cannot give a firm, clear and precise figure. If my hon. Friend is referring to what may be due after no deal, that would depend on a series of arguments that would be untested except in a court.