Retained EU Law (Revocation and Reform) Bill

Danny Kruger Excerpts

Wednesday 24th May 2023 Commons Chamber

[Brendan Clarke-Smith (Bassetlaw) (Con)]

rose—

[Danny Kruger (Devizes) (Con)]

rose—

[Mr Deputy Speaker (Mr Nigel Evans)]

Perfectly, that leaves you with 10 minutes each. I call Brendan Clarke-Smith.

[Brendan Clarke-Smith]

I was going to speak about amendment 15. I am sure that, as usually happens, we will see social media graphics saying that all Conservative Members are trying to trash the environment, but our case was made eloquently and entertainingly by my right hon. Friend the Member for Chelmsford (Vicky Ford) and my hon. Friend the Member for North Dorset (Simon Hoare).

I shall certainly support the Government proposals today, and I will outline why. Of course, this all comes back to taking back control, which was very important for Brexiteers such as myself. Like my hon. Friend the Member for Orpington (Gareth Bacon), I campaigned for Brexit, and more than 68% of people in Bassetlaw voted for it. Of course, whether someone voted for it or for remain—we know that for many people it was a marginal decision—there is a need for us to accept the result and work together to make the best of the situation, because we want this country to be successful. It is in that spirit, which I feel across the House, that we are moving forward together today.

Brexit is not something where we simply flip a switch. Of course, we got Brexit done, but Brexit is a process and an evolution. That is very much what we are looking at today on retained EU law; we have a process and it will continue. We would like to have a deadline on it, but we realise that the practicalities are not necessarily in line with that. There is a delivery issue and we have to be realistic; we are fast approaching 31 December 2023.

I have a lot of sympathy with the comments made by my right hon. Friend the Member for North East Somerset (Mr Rees-Mogg), and I hope that the drive, ambition and spirit that he has shown will be taken forward in the way we address this legislation in the future.

My hon. Friend the Member for Clwyd South (Simon Baynes) made an excellent point when he talked about aviation regulations and so on being things that we would not necessarily change. Not all of these laws are things that we will look to get rid of. We want to make a good job of this and do it properly. That is the main thing we need to focus on.

I know that some people were worried about whether we are in this position because of some underlying reason to do with the Windsor framework. Again, the Minister and the Secretary of State have given us an excellent explanation from the Dispatch Box as to why that is absolutely not the case.

As we have heard, the Bill ends the supremacy of EU law and we no longer have to interpret legislation using EU case law as our only basis. I was genuinely worried about the unintended consequences of getting rid of legislation without having the time to get all the SIs through, so I fully understand why the Government have taken the approach they have. The regular updates will help us match the ambition suggested by my right hon. Friend the Member for North East Somerset, and I look forward to that. This shows the public how the Government are making this work and making a success of the legislation.

I will support the Government tonight—this is a challenge, but it is one that I am sure we are up for— and I encourage colleagues to do the same.

[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.

[Sir Robert Buckland]

My hon. Friend says he is a protectionist, and I think that might need a bit of amplification. I do not think he means it in the traditional sense of the word, but I am genuinely intrigued.

[Mr Rees-Mogg]

Yes, he does!

[Danny Kruger]

I think my right hon. and learned Friend is trying to rescue me from some sort of political blunder, which I am perfectly capable of making. I am grateful to him for that. This is not the moment for that great debate, although I mentioned the tension in our philosophy between the free trading and protectionist impulses. I want to look after our Wiltshire farmers and I want to see the industry of this country rise again and Britain become a great exporting nation.

[Mr Rees-Mogg]

I wonder if it is fair to say that my hon. Friend is the Lord George Bentinck of the modern era?

[Danny Kruger]

I am very grateful to my right hon. Friend, the Peel of our era.

Madam Deputy Speaker, I will not try the patience of the House any longer. My point is that, whether people are free traders or protectionists, surely they want to see VAT reformed. That was the great Brexit freedom opportunity, and we should be using our new freedoms to do it.

We need more ambition. I recognise that the Government intend to report every six months. I am pleased with amendment (b) to Lords amendment 16, tabled by my hon. Friend the Member for Watford (Dean Russell) with the support of the Government, and I particularly support amendment (a) to Lords amendment 16 in the name of the Secretary of State and my hon. Friend the Member for Stone, which will require the Government to specify at every reporting stage the laws that are going to be reformed or revoked. I support the case my hon. Friend made for having some kind of tsar or commander-in-chief to oversee the process of identifying the laws for reform or revocation. We need a good process here, but we have the right Bill with the right principles in it, and we can now fight out the proper vision for the future of our country.

[The Solicitor General]

What a great pleasure it is to follow the winding-up speech from the Back Benches by my hon. Friend the Member for Devizes (Danny Kruger). I agree with him entirely. This has been a good-natured debate, both detailed and robust where it needed to be. I also agree with my hon. Friend the Member for Hitchin and Harpenden (Bim Afolami) that this debate is Parliament doing what it does best—as it often does, and often unseen. This has been a robust but grown-up debate, worthy of the subject matter.

I fear that I will not be able to go into detail for every Member who has spoken, but it is right and proper that I mention the speeches that have been made. I am very grateful to my right hon. and learned Friends the Members for Kenilworth and Southam (Sir Jeremy Wright) and for South Swindon (Sir Robert Buckland). There is always a risk in such debates of a sort of lawyers’ love-in, but I am grateful to my right hon. and learned Friend the Member for South Swindon for his kind remarks and for reminding us of the history of Solicitors General appearing at the Dispatch Box for other tricky bits of legislation—not to mention litigation.

I will come back to some of the detail, but in no particular order, I am grateful to my hon. Friend the Member for Harrogate and Knaresborough (Andrew Jones) for what he does in his Committee. He is right that, in many ways, his Committee and that of my hon. Friend the Member for Stone (Sir William Cash) do similar things: detailed, painstaking and incredibly valuable work that is done unseen, upstairs in the Committee corridors. I am grateful to my Friend the Member for Harrogate and Knaresborough for his elucidation of that work.

I am grateful to my hon. Friend the Member for Orpington (Gareth Bacon), who served throughout the Bill Committee. He has been here from the beginning through to the end, and I am grateful for his dedication and persistence, and for his speech. I have mentioned my hon. Friend the Member for Hitchin and Harpenden, but I will come back to him in a few moments.

I thank my hon. Friends the Members for Devizes and for Clwyd South (Simon Baynes), and my neighbour and hon. Friend the Member for North Dorset (Simon Hoare), who I will, of course, come back to in due course. I thank my right hon. Friend the Member for Chelmsford (Vicky Ford), as well as my hon. Friend the Member for Bassetlaw (Brendan Clarke-Smith) for his remarks as a dedicated Brexiteer. I will, as I must, come back to my right hon. Friend the Member for North East Somerset (Mr Rees-Mogg) and try to engage with the points that he made.

Let me mention some of the interventions that were made. I thought that my right hon. Friend the Member for Camborne and Redruth (George Eustice)—a former Secretary of State—made some pertinent and detailed interventions at the right moment. I thank him for his work as Secretary of State and for the continued work and thoughts that he feeds into His Majesty’s Government.

I am also grateful to my hon. Friend the Member for Watford (Dean Russell) for his interventions. When preparing for this debate, I re-read his Second Reading speech, which was rightly credited by both sides of the House as a simply magnificent speech in the circumstances. The former Secretary of State, my right hon. Friend the Member for North East Somerset, quite rightly paid tribute to him at the time, and I am sure that he would echo my comments.

I also pay tribute to the hon. Member for Walthamstow (Stella Creasy) for serving on the Bill Committee. I mentioned that she and I have served on Bill Committees before, and I know that she undertakes her work diligently. Indeed, when she mentioned Bill Committees and Whips, I wondered whether she was putting in a bid to be a shadow—