European Union (Withdrawal) Bill

Lord Hanson of Flint Excerpts

Committee: 2nd sitting: House of Commons
Wednesday 15th November 2017 Commons Chamber

[Peter Kyle (Hove) (Lab)]

The right hon. Lady and I have had our differences during my time in Parliament since 2015, particularly when she was a Business Minister. We had some vigorous debates and disagreements when I, as a member of the Business, Energy and Industrial Strategy Committee, challenged her about the steel industry and the industrial strategy, but I felt that she was always very respectful of my view and the strength with which I held it. Why were we able to have such vigorous but respectful debate over such policy issues, but Brexit seems to bring out the very worst in public discourse in this place and beyond?

[The Temporary Chair (David Hanson)]

Order. I know that Members feel strongly about this subject, but we are straying slightly from new clause 2.

[Anna Soubry]

I am desperate to get on with supporting new clause 22 and endorsing the excellent speech made by the hon. Member for Lewisham East (Heidi Alexander). Notwithstanding the referendum result, we all need to move on. When I stood for election in Broxtowe in June, I did so on the clear platform of accepting that we were leaving the European Union but continuing to make the case for the single market, the customs union and the positive benefits of immigration.

The reason why I say that with some conviction is that if we are all very honest about it, there is unfortunately every chance that we will not get anything like the sort of trade deal that we want. I have no doubt that we will get deals on security, aviation and so on, but the harsh and uncomfortable reality is that there is very little chance that we will actually get the sort of trade deal that we need to secure our country’s future. On that basis, the only alternative at the moment seems to be to crash out with no deal. I am not criticising the Government for making preparations for that eventuality, because it would be foolish of them not to do so, but I suggest that the idea that we will have either a deal or no deal is not the way to see it. We do not have just two options; there is a third option, which is for us to continue to be a member of the EEA and a member of EFTA.

I take this view, which I base on knocking on hundreds of doors during the election campaign and continuing to talk to my constituents when I go out leafleting and so on. I think that most people in the real world are absolutely fed up with all this. They have had enough of us all squabbling and moaning and groaning. It is unpleasant, and people are sick and tired of it. I think they take the view, “Look, you have all been elected to this place, and you have got a Government in place. For goodness’ sake, just get on and do it.” Now let us have a debate about what “it” is and how we do it for the very best in our country. Let us have that sort of debate. I think that we will be criticised for the fact that it has taken us so long to have that debate.

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[Caroline Lucas]

I beg to move, That the clause be read a Second time.

[The Temporary Chair (David Hanson)]

With this it will be convenient to discuss the following:

New clause 60—Retention of principles of EU environmental law—

‘(1) On and after exit day the environmental principles of European Union law become principles of United Kingdom law in accordance with this section.

(2) The “environmental principles of EU law” are the principles set out in Article 191 of the Treaty on the Functioning of the European Union (the precautionary principle; the principle that preventive action should be taken; the principle that environmental damage should as a priority be rectified at source and that the polluter should pay).

(3) A court or tribunal interpreting or applying an enactment must, so far as it is possible to do so, construe or apply the enactment in a manner that is compatible with the environmental principles of EU law.

(4) A public authority must, in the exercise of its functions, have regard to the environmental principles of EU law.’

This new clause would ensure that after withdrawal from the EU, the environmental principles of EU law would be retained as part of UK law.

New clause 67—Environmental protection: principles under Article 191 of TFEU—

‘(1) Principles contained in Article 191 of TFEU in relation to environmental protection and listed in subsection (2) shall continue to be recognised and applied on and after exit day.

(2) The principles are—

(a) the precautionary principle as it relates to the environment,

(b) the principle that preventive action should be taken to avert environmental damage,

(c) the principle that environmental damage should as a priority be rectified at source, and

(d) the principle that the polluter should pay.’

This new clause would ensure that environmental principles under Article 191 of the Treaty on the Functioning of the European Union would continue to apply in the UK after exit day.

Amendment 93, in clause 4, page 2, line 45, leave out sub-paragraph (b).

The test set out at Clause 4(1)(a), that such rights are available in domestic law immediately before exit day, is sufficient for those rights to continue to be available following the UK’s exit from the EU.

Amendment 70, page 2, line 47, at end insert—

‘(1A) Rights, powers, liabilities, obligations, restrictions, remedies and procedures under subsection (1) shall include directly effective rights contained in the following Articles of, and Protocols to, the Treaty on the Functioning of the European Union—

[Caroline Lucas]

I am pleased to speak in support of new clause 30, which is in my name and those of many other hon. Members, as well as new clause 60 and amendments 93 to 95. I am hopeful of finding support across the House for new clause 30, on animal sentience, because I do not think it should be controversial.

By way of background, in 1997—20 years ago—the UK Government, during their presidency of the EU, convinced the then 14 other member states that EU law should explicitly recognise that animals were sentient beings, and not simply agricultural goods like bags of potatoes that could be maltreated with impunity. In other words, it was a recognition that, like us, animals are aware of their surroundings; that they have the capacity to feel pain, hunger, heat and cold; and that they are aware of what is happening to them and of their interaction with other animals, including humans.

The resulting protocol, which came into force in 1999, changed how animals were regarded and ensured that future EU legislation was not implemented on the basis of the lowest standards of animal welfare, but that it took animal sentience into account. That understanding has since informed more than 20 pieces of EU law on animal welfare, including the ban on sealskin imports, the ban on conventional battery cages and the ban on cosmetics testing on animals.

In 2009, the original protocol was incorporated into the Lisbon treaty as article 13 of title II. The Government have rightly and commendably committed to transferring all existing EU law on animal welfare into UK law under the Bill, but because the text of the Lisbon treaty is not transferred by the Bill, the wording of article 13 on animal sentience will not explicitly be incorporated into UK law. As things stand, despite having one of the longest-standing animal welfare laws in the world—something of which we are rightly proud—the UK has no legal instrument other than article 13 of the Lisbon treaty to provide that animals are sentient beings.

European Union (Withdrawal) Bill

Lord Hanson of Flint Excerpts

Committee: 3rd sitting: House of Commons
Tuesday 21st November 2017 Commons Chamber

[Several hon. Members rose—]

[The Temporary Chairman (David Hanson)]

Order. I have no power to impose a time-limit in Committee, but I do have the power to advise. We have 20 hon. Members who wish to speak, and if we continue to have speeches of the current length, we will disappoint at least half of them. I therefore advise Members to try to keep the length of their speeches to between 10 and 12 minutes; that is a voluntary instruction.

[Ellie Reeves (Lewisham West and Penge) (Lab)]

I rise to speak to new clause 79, which is in my name and those of my right hon. and hon. Friends and hon. Members from other parties.

First and foremost, I recognise that the UK has voted to leave the European Union. It is an outcome that I did not vote for, but it is the position in which we find ourselves. It is now incumbent on us to strengthen this legislation ahead of our exit from the Union. We can only achieve this fully by recognising what European integration has done for us over the past 40 years, and the ways in which we can help one another.

Before entering Parliament, I was an employment rights lawyer for many years. I represented trade unions and their members for 10 years. More recently, I ran my own business providing advice on maternity discrimination and flexible working to mums and families. So I know at first-hand how many of our employment rights come from Europe. As my explanatory statement points out, my new clause would ensure that Parliament was kept abreast of changes in EU provisions regarding family-friendly employment rights and gender equality, as well as committing the Government to considering their implementation.

It is clear that working parents and carers in the UK are struggling. The Modern Families Index 2017, which examined the lives of 2,750 working parents and carers, found that more than a third of working families say that they do not have enough time or money for their family to thrive. Half of parents agreed that their work-life balance was increasingly a source of stress. A third said that work had a negative effect on their relationship with their partner, and a quarter said that it led to rows with their children. One in 10 parents would consider resigning from work without having another job to go to. Research by the Equality and Human Rights Commission shows that 54,000 new mothers in Britain may be forced out of their jobs each year as a result of pregnancy and maternity discrimination. The Fawcett Society, Working Families—the work-life balance charity—and trade unions, among others, continually fight to protect against these types of discrimination.

We have a collective responsibility to ensure that we help to protect the rights of workers and employees amid the cut and thrust of the Brexit negotiations. People voted to leave the EU for many varied reasons, but they did not vote to be worse off. Our laws on these matters must be no less favourable than they would have been had the UK remained a member of the EU beyond exit day. Indeed, the EU may well go on to legislate in ways with which we do not agree. The wording of new clause 79 is clear; it is there to inform, not to commit.

As many of my hon. Friends pointed out during the previous Committee sitting, we must make every effort to keep this House fully aware of the advancements that occur in Europe. To be clear, the new clause is not about binding the UK into implementing future EU directives in the family-friendly employment and gender equality space. Rather, it would ensure that Parliament was informed of any developments and would commit the Government to considering their implementation.

In the Prime Minister’s Florence speech, she signalled that the UK and the EU will continue to support each other as we navigate through Brexit. I have much to say on the work that we have collectively achieved in Europe, strengthening workers’ rights, maternity rights and employment practices. For example: the 1976 equal treatment directive established the principle of equal treatment for men and women in access to jobs, training and working conditions; the 1992 pregnant workers directive provided for statutory maternity leave, protected the health and safety of pregnant workers and breastfeeding mothers, prohibited dismissal due to pregnancy or maternity, and introduced paid time off for antenatal care; the 1993 working time directive provided a maximum 48-hour working week, and the right to rest periods and paid holiday; the 1996 parental leave directive provided for the right to unpaid parental leave, as well as time off for dependants; and the 1997 part-time work directive prevented part-time workers from being treated less favourably than full-time employees. All these measures have helped to improve the work-life balance and family-friendly employment rights in the UK, and it is vital that we do not fall behind Europe in the years ahead. To dismiss the last four decades of progress without looking to the future would set a dangerous precedent, which fills me with deep concern.

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[Mr Cox]

No, no. [Interruption.]

[The Temporary Chair (David Hanson)]

Order. The hon. and learned Gentleman is not giving way.

[Mr Cox]

The point is that these broad and general rights are ripe with value judgments. Quite often, they are not appropriately dealt with by six or seven elderly white judges in a Supreme Court; they are better resolved on the Floor of this House and by a democratic vote in this Parliament.

European Union (Withdrawal) Bill

Lord Hanson of Flint Excerpts

Committee: 5th sitting: House of Commons
Wednesday 6th December 2017 Commons Chamber

[Mr Leslie]

New clause 17 relates to clause 12 —[Interruption.]

[The Temporary Chair (David Hanson)]

Order. Will Members leaving the Chamber please do so quietly so that the hon. Member for Nottingham East (Mr Leslie) can continue?

[Mr Leslie]

Clause 12 relates to the financial provisions of Brexit. New clause 17 seeks to clarify that a specific legislative instrument is needed to authorise payment in relation to a withdrawal agreement settlement and that that can be permitted only if approved by a resolution of the House of Commons.

It is important that we do not glide by some of the big aspects of Brexit. It has massive ramifications, one of which is the fabled “divorce bill” as it is sometimes characterised. Some people say that it is simply the settlement of obligations and liabilities, but phase 1 of the discussions, which the Government have agreed with Michel Barnier to conduct before we move on to phase 2 on the framework of future trade relations, has to include a financial settlement. It is therefore important that Members of Parliament understand it, approve it and enter into the arrangement with their eyes wide open.

We are not considering small sums of money. Last week, it was widely reported that the financial deal had been made, but we can never be absolutely sure about such reports. It was also reported that the Prime Minister had a deal with the Republic of Ireland and the rest of the EU on the Northern Ireland border, and we all know what happened to that in recent days. However, it feels as though Ministers, the European Commission and others have sort of agreed a financial settlement, so last week we tabled an urgent question to press the Government. The Chief Secretary to the Treasury responded to it, but unfortunately she was a bit coy about the divorce bill. We were not allowed to know how much it would be. We were told that it was still part and parcel of the negotiation process, and how dare we ask? We were also told that it was unreasonable of us to intrude on sensitive negotiating arrangements. It seemed peculiar to me that it was all right for the British Government to tell Michel Barnier, Jean-Claude Juncker and the European Commission how much HM Government and British taxpayers were prepared to pay, but somehow Members of Parliament, never mind the British public, were not grown up enough to know the real sum.

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[Anna Soubry]

The hon. Gentleman is making an extremely important point. Lots of people who had become really fed up and disaffected with politics and politicians took out their frustrations in the referendum. As the hon. Gentleman has said, many of them genuinely believed that if we left the European Union, there would be more money to be spent on our NHS. He is right: not only will we not have that money, but our economy could begin to retreat—and if we do not get a good deal but fall back on WTO rules, it undoubtedly will—and we will have to put aside, by way of example, £3 billion for Brexit, money that could have gone to the NHS. So my question to the hon. Gentleman is this—

[The Temporary Chairman (David Hanson)]

Order. The intervention is too long.

[Anna Soubry]

May I just ask this question? Does the hon. Gentleman not agree that there are many forms in which that disaffection may be manifested as we see our NHS actually—

[The Temporary Chairman]

Order. The right hon. Lady must make short interventions. If the hon. Member for Nottingham East (Mr Leslie) wishes to give way, he can do so again, but the right hon. Lady must make short interventions.

[Mr Leslie]

The right hon. Lady was making an incredibly important point, Mr Hanson. It is not just a question of the divorce bill—the financial settlement—and it is not just a question of the billions to be set aside for Brexit preparations. The bigger issue that the right hon. Lady was raising is what will happen in a dynamic economy if our trade opportunities shrink, and if obstacles and tariffs are put in the way. This is not just our assessment, or opinion. The Chancellor himself published a table in his Red Book which showed what he and the Office for Budget Responsibility expected to happen to tax receipts over the next few years. He anticipates that by 2021 tax receipts will have fallen by not just £10 billion or £15 billion, but by £20 billion. That is £20 billion less revenue for the Exchequer to spend on the vital public services we want. This is a triple whammy, therefore, in terms of the costs of Brexit, and it is a surprise to many members of the public, who were told precisely the opposite.

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[The Temporary Chair (David Hanson)]

Order. I remind Members that we are supposed to be debating the financial provisions. We are straying into the terms of any second referendum.

[Ian Paisley]

I will take your instruction, Mr Hanson, but I think that the right hon. Member for Carshalton and Wallington (Tom Brake) knows where I stand on that point.

I was hoping to hear some clarity from Labour’s Front Bench tonight, instead of more confusion. I was hoping to hear some key arguments about why the Opposition are putting forward some of these amendments to deal with the consequences of the divorce bill. I wanted to hear them deal with who should pay, with freedom of movement and with the single market. I wanted a hard and fast line, but I am afraid that we heard even more confusion.

We have had a diet of this confusion for some time. The right hon. Member for Hayes and Harlington (John McDonnell) said that we must leave the single market and respect the referendum result. The hon. Member for West Bromwich East (Tom Watson) said that we should stay in the single market and the customs union permanently. The hon. Members for Leicester South (Jonathan Ashworth) and for Darlington (Jenny Chapman) said on another occasion that we have to leave the single market. The right hon. Member for Hackney North and Stoke Newington (Ms Abbott) said that we should keep freedom of movement. The right hon. Member for Islington North (Jeremy Corbyn), the Leader of the Opposition, and the right hon. and learned Member for Holborn and St Pancras (Keir Starmer), the shadow Brexit Secretary, have said that freedom of movement ends with Brexit.

We really need more clarity from the Labour party. If it is going to try to persuade us on these key issues, it needs a single position. At least the Government, for all the problems that have been pointed out, have a single position. I think that would be a good starting point.

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[Mike Gapes (Ilford South) (Lab/Co-op)]

rose—

[The Temporary Chair (David Hanson)]

Order. I am happy to call both hon. Members—indeed, I have no discretion not to call the hon. Members for Blackley and Broughton (Graham Stringer) and for Ilford South (Mike Gapes)—but I must point out that they have not been present since the start of the debate. I have no discretion on this matter, so I call Graham Stringer.

[Graham Stringer]

I am grateful for your comments, Mr Hanson. You are right I have not been present in this particular debate for the whole time, but I have been in many of the debates and this is the first time I have stood up to speak on the issue. I shall not detain the Committee for very long.

Following on from the comments made by my hon. Friend the Member for Stockton South (Dr Williams), of course people in every democracy have the right to change their minds. The correct way to do that is through the same means by which the referendum came about in the first place: a political party should say in its general election manifesto that it wants a referendum, win that election and hold another referendum. The Lib Dems tried that at the most recent election; admittedly, they gained seats, but they lost votes. That is the way to do it, not by calling on the most immediate opinion poll.

Opinion polls change. My hon. Friend the Member for Stockton South and other Members may be interested in a poll taken by Lord Ashcroft the day after the referendum. He surveyed all those people who had voted for Brexit and found that 94% of them had not voted for it on economic grounds, so a lot of the arguments about economics do not apply to the people who voted to leave.

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[Mr Baker]

This Bill, first and foremost, is about exiting the European Union successfully, with certainty, continuity and control, as the right hon. Gentleman will know. I draw his attention to schedule 2(7), which makes it very clear that in the event that a provision imposed a fee or charge, or conferred a power to sub-delegate, it would go to the affirmative procedure and this House would have the opportunity to vote on it.

I turn to amendment 339 on sub-delegation. It is right that this House keeps strict control over all financial matters, but this Bill is about ensuring continuity. I remind the Committee that this power is available only if the public authority is taking on a new—[Interruption.]

[The Temporary Chairman (David Hanson)]

I am sorry to interrupt the Minister, but there is quite a lot of hubble and bubble from Members who have not been in the debate. Members who have been here for the past three hours wish to listen to the Minister’s response.

[Mr Baker]

Thank you, Mr Hanson.

The power is available only if the public authority is taking on a new function under this Bill, and the fees and charges must be in connection with that function. The amendment would force Ministers to exercise this power on behalf of public authorities, such as the Financial Conduct Authority, which this House has made statutorily independent from Ministers. The Government believe that it is right that where Parliament has already granted the power to set up rules within these independent regulators, fees and charges of the type envisaged by this power should continue to be exercised by those public authorities. For good reasons, they have been made independent of Government, and Parliament should have the option to maintain that status quo. I stress that the terms on which any public authority would be able to raise fees and other charges will be set in the statutory instrument that delegates the power to them; and that, as I said, any such delegation would trigger the affirmative procedure, ensuring that this House considers and approves any delegation of the power and how it would be exercised.

Amendment 340 on cost recovery has the disadvantage that it would prohibit what I hope Labour Members would consider to be progressive principles of ensuring a spreading of the burden of regulation. It also might not allow regulators to cover the cost of enforcement.

Clause 12 and schedule 4 are about delivering a successful EU exit with certainty, continuity and control. Clause 12 is not about enabling the payment of any negotiated financial settlement, and neither is schedule 4 about subverting the normal process of raising taxation. The amendments muddy the waters of what these provisions are for. These provisions are simply about ensuring that the financial aspects of taking back control and preparing to take a fully independent position on the world stage are put on a sound and proper footing.

European Union (Withdrawal) Bill

Lord Hanson of Flint Excerpts

Committee: 6th sitting: House of Commons
Tuesday 12th December 2017 Commons Chamber

[Several hon. Members rose—]

[The Temporary Chair (David Hanson)]

Order. Before I call the next speaker, I remind hon. Members that we are just over an hour away from the knife, and I still have 11 hon. Members seeking to catch my eye. Time will have to be very limited if all hon. Members are to get in.

[James Heappey]

It is a pleasure to serve under your chairmanship, Mr Hanson. I wish to speak about the many amendments that concern environmental regulation, specifically new clause 27, amendment 104 and new clauses 62 and 63. Like many other speakers, I have received some excellent briefing material from Greener UK, which encapsulates the ambitions of many in the non-governmental organisation community, and I would like to thank it for the enthusiasm with which it has engaged with colleagues on both sides of the House. It has made an excellent effort in seeking to make very clear what it expects. It is clear also that there is a consensus about what we are trying to achieve. There is just a slight disagreement about how exactly to legislate for it.

I hope that hon. Members on both sides of the House, irrespective of what they think should be done to the withdrawal Bill, would congratulate the Environment Secretary on the excellent commitments he has made in recent weeks. They have shown very clearly that the ambition for environmental regulation after Brexit is not merely to maintain the status quo, but to take UK environmental regulation further. That is great news.

We also want the environmental principles enshrined in UK law. We debated that point at length the other week, and there was some satisfaction that that was indeed the Environment Secretary’s intent for the Bill he will bring forward. I agree with my near neighbour, the hon. Member for Bristol East (Kerry McCarthy), that it was a shame that Hansard could not record his nodding during the speech of my right hon. Friend the Member for West Dorset (Sir Oliver Letwin), but there is no doubt that those of us in the Chamber clearly saw his acquiescence to the requests being made.

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[Stewart Malcolm McDonald (Glasgow South) (SNP)]

rose—

[The Temporary Chair (David Hanson)]

Order. The hon. Gentleman is supposed to be actually in the Chamber in order to intervene.

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[Several hon. Members rose—]

[The Temporary Chair (David Hanson)]

Order. I again remind Members that there is a knife outside my control. Ten Members, possibly 11, wish to catch my eye and time is limited.

[Hywel Williams (Arfon) (PC)]

I rise to speak to amendment 88, tabled in my name and those of my hon. Friends in Plaid Cymru and colleagues from other parties. It would prevent Ministers of the Crown from being able to replace, abolish or modify the functions of EU entities without first laying impact assessments on its effect before both Houses of Parliament. I appreciate that impact assessments are not popular among some Ministers; indeed, the Brexit Secretary made it clear last week that he does not believe in them at all, especially in terms of large-scale changes. It appears that he does not believe in applying a bit of forethought and method; perhaps a wet finger in the wind might suffice, or even the slaughter of white and black cockerels at midnight and the examination of their entrails afterwards. In the interests of clarity, by “impact assessment” I do not mean a sectoral analysis; my definition of impact assessment, as any good dictionary will tell us, is a

“prospective analysis of what the impact of an intervention might be, so as to inform policymaking”.

Beyond the single market and customs union, there are upwards of 45 pan-European agencies that form the basis of our international relations across a range of policy areas. These agencies are intertwined with hundreds of EU programmes designed to progress societal, economic and environmental standards, from ensuring that planes can safely take off and land to the regulation of life-saving medicines.

Clause 7 will allow Ministers to put aside the advances made by our membership of those agencies, regardless of any formal assessment of the impact that action would have on our society, economy and environment. We have already seen the European Medicines Agency abandon the UK and move to Paris, with Amsterdam taking the European Banking Authority, resulting in the loss of over 1,000 jobs. Before being able to replace, abolish or modify any EU entity functions, this place should know exactly how doing so will affect their constituents.

I represent a university constituency, and we have a strong interest in new research and student mobility programmes, and in the agencies through which those programmes operate. For example, Erasmus+ is managed by the Education, Audiovisual and Cultural Executive Agency. There are 2,000 international students in Bangor. Without the participation in the European Commission’s Horizon 2020 scheme, without the continuation of Interreg funding, and without Erasmus+, universities in the UK will lose much of their competitive edge, and my constituency of Arfon will be hit disproportionately hard.

There is a ready-made solution for the Westminster Government as they navigate the labyrinth of Brexit. Norway has negotiated participation in 12 EU programmes and 31 EU agencies. The areas covered include anything from research co-operation and statistics to health and traffic safety. Norway has done this through its membership of the European economic area. It is about time that this Government paid due regard to the impact of their actions in formulating policy, and I therefore urge them to reconsider the issue of EU agencies and the programmes that they facilitate, while they still can.

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Let me honest with the Ministers—I do not believe that the pigmy arms of little mortal men and women can be this sifting committee. It is like a turkey voting for Christmas to be held twice a year. This is no resolution to the problems of this Bill. We cannot even force the Government to bring an issue to the House if we believe that they should. Clause 7 stops us rising to the challenge that the Minister set—to overcome these difficulties on behalf of our constituents, no matter how complicated or sensitive the issue might be. I hope that Ministers will not hide behind Henry VIII powers but embrace his call for inquiry and scrutiny, because then this place at its best really can take back control.

[The Temporary Chair (David Hanson)]

Order. If hon. Members do not keep to five minutes now, we will not get every Member in to contribute to the debate.