Retained EU Law (Revocation and Reform) Bill

Debate between Danny Kruger and Brendan Clarke-Smith

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.