European Union (Withdrawal Agreement) Bill

Debbie Abrahams Excerpts

2nd reading & 2nd reading: House of Commons & Money resolution: House of Commons & Programme motion: House of Commons & Ways and Means resolution: House of Commons & Money resolution & Programme motion & Ways and Means resolution
Friday 20th December 2019 Commons Chamber

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

It is pleasure to see you in the Chair once again, Mr Deputy Speaker. I, too, thank my constituents who voted to return me for the fourth time last week and welcome all new Members to this place. I also extend my heartfelt commiserations to colleagues who have not been returned. They will be sorely missed.

There is so much wrong with this Bill—even more than in October. My real concerns are about its impact on the economy. Although we do not have an economic assessment—an issue in itself that the Government need to look at carefully—we have enough analysis from economists to show that such a free trade agreement will have a dramatic impact, with a 7% loss in growth over 15 years, as has been mentioned. We already know—I am sure that people are aware of this—about the growing impact on poverty from a faltering economy and the growing inequalities that we are experiencing in this country. The impact that this type of deal will have on that, as well as on public services, which are already emaciated, cannot be overestimated. Nor must we forget the regional disparities. There is no doubt that there will be an impact on constituencies such as mine.

As bad as this free trade agreement is, however, no deal would be even more dramatic, as all the evidence also shows—so catastrophic, indeed, that one does not like considering it—with not a 7% impact on economic growth, but a 9% impact over 15 years, affecting not just us but our children and grandchildren. We need to recognise that because, under clause 33, I fear that that is unfortunately a real danger. I beg the Government to do all they can in the forthcoming weeks and months to prevent that from happening.

A lot of us who fought the general election will have views on what it meant. I will hold off taking any firm views until the new year, when I see the survey by the British Election Study, which publishes the most reliable evidence that we can get on elections. However, I cannot ignore what constituents were saying to me. They ignored or did not believe the evidence—or, even worse, did not care. There is a lot that we—politics and politicians—need to take on board regarding what that means about how we conduct ourselves. The emotional response to Brexit—and that is what it has been—is a lesson for all of us.

I reiterate that I categorically reject the Bill, but I want to work with the Government to make sure that we ameliorate its worst effects so that it will not harm my constituents. I implore the Government to listen and to do all they can to build a consensus.

European Union (Withdrawal Agreement) Bill

Debbie Abrahams Excerpts

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

[Mr Walker]

I fundamentally disagree. The purpose of the Bill is to deliver on the withdrawal agreement and take that forward. It is not to set out the future of negotiations. This legislation is focused on allowing us to move forward into those negotiations. It would be a profound mistake to tie the hands of the Government in achieving the best result for the whole United Kingdom.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

Given that we have flatlining life expectancy and an increasing infant and child mortality rate—the worst in western Europe, which is quite staggering—will the Minister explain why he is not prepared to introduce an assessment of the impact on health of the trade deal, because there will be a significant impact? I really would like an adequate response.

[Mr Walker]

The hon. Lady talks about assessments of future deals. The place in which to do that is not legislation that is focused on implementing the withdrawal agreement. I am afraid that it is simply not the case, as it was in the last Parliament, that the political arithmetic means that the Opposition can tie the Government up with all sorts of commitments and assessments. We need to ensure that we get the best deal for our economy, our health and our country, and it is right that we move forward by accepting the withdrawal agreement, legislating through the Bill and focusing on the next stage.

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[Debbie Abrahams]

It is lovely to see you in the Chair, Sir George.

I rise to speak to my new clause 27, which seeks to ensure that there is no regression from EU standards on the environment; food; the substance of REACH regulations, which seek to protect human health and the environment from the use of chemicals; and animal welfare. It addresses the points that have just been made.

The UK currently enjoys high standards in areas such as habitat protection and product safety. Having developed those standards with our European neighbours, we now benefit from cleaner beaches, safer food and the best chemicals regulation in the world. The Government have committed to legislate to ensure high standards of environmental protection, but they have not yet delivered on that commitment. The 2018 withdrawal agreement contained a legally binding mutual commitment to non-regression in most areas of environmental law, if the transition period did not produce an agreement on the future relationship. That has been removed from the Bill and I wonder whether the Minister can explain why that is the case.

Climate change is the defining issue of our time and we are at a defining moment. The world is now experiencing a climate emergency, and an urgent and rapid global response is now necessary. From shifting weather patterns that threaten food production, to rising sea levels that increase the risk of catastrophic flooding and the horrendous bush fires we currently see in Australia, the impacts of climate change are global in scope and unprecedented in scale. After more than a century and a half of industrialisation, deforestation and large-scale agriculture, quantities of greenhouse gases in the atmosphere have risen to record levels that have not been seen in 3 million years.

We know that as populations, economies and standards of living grow, so does the cumulative level of greenhouse gas emissions. In October 2018, the Intergovernmental Panel on Climate Change issued a special report on the impacts of global warming of 1.5° C, finding that limiting global warming to 1.5° C would require rapid, far-reaching and unprecedented changes in all aspects of society. The IPCC said we must cut global emissions in half by 2030 and achieve net zero emissions by 2050. The UK should be leading the way both nationally and internationally. The Government must play their role.

[Caroline Lucas]

The hon. Lady will not be surprised that I completely agree with her. She will know that the Prime Minister has said that he wants to bring forward what he has called the most ambitious environmental programme of any country in the world. That being the case, does she share my bewilderment that Ministers could even conceive of not supporting the new clause? What would they have to fear from an amendment that simply seeks to ensure that we do not go backwards, if they are absolutely serious about delivering for the environment?

[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.

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[Philip Dunne]

I want to make some progress. The reason why I stood to speak this evening is that I made my maiden speech in a debate on the EU in my first month in this House 14 and a half years ago. It is therefore fitting that I should say something in this debate just before we hopefully cease debating whether we are leaving the EU this month, because that matter has now been resolved.

I want to make a specific contribution in relation to new clause 27, which was tabled by the hon. Member for Oldham East and Saddleworth (Debbie Abrahams). I have considerable sympathy with the spirit and principles underlying the new clause, which she spoke eloquently on earlier, but the reason why I want to refer to it is to ask the Minister, in his summing up before the Committee ends this evening, how the Government intend to take account of that spirit and intent in future legislation. I recognise that it is not appropriate to adorn this Bill with commitments that have nothing to do with the withdrawal agreement per se, but they are none the less worthy in themselves.

I draw the House’s attention to the part in the Conservative manifesto, on which I was proud to stand recently, that says:

“we will legislate to ensure high standards of workers’ rights, environmental protection and consumer rights.”

We have already heard from others this evening about the existing higher level of workers’ rights that apply in the UK over and above those that are applied across the EU, and we as a Government have an ambition to maintain environmental protections in many areas at a higher level than those that currently apply across the EU.

[Debbie Abrahams]

This is not meant to sound trite, but a number of different commitments were made in different manifestos. For example, the Conservatives party’s 2015 manifesto committed to halving the disability employment gap and to introducing new starter homes, neither of which was delivered. This is about backing up commitments. If the Government are seriously committed to this—I understand that the right hon. Gentleman certainly is—what is wrong with including it in the Bill?

[Philip Dunne]

I will give one example of what is wrong with the hon. Lady’s new clause, and that is its territorial jurisdiction. I remind her that environmental protection is primarily a devolved matter. The territorial jurisdiction of the environment Bill that was in the Queen’s Speech and that will be brought before this House will relate to England primarily and, to a small extent, Northern Ireland. I am rather surprised that hon. Members representing the Scottish National party, who are here in force this evening and who have spoken before me, did not choose to raise that point.

--- Later in debate ---

[James Duddridge]

Later in my speech, I will highlight areas where we are going to go further. Perhaps I will give way to the hon. Gentleman again at that point if what I say does not give him sufficient reassurance. The Government are committed to delivering high standards, and I will provide a bit more detail when I come to talk about other clauses.

I turn to new clauses 3, 8 and 30, which relate to alignment with or continued membership of the EU single market and customs union. I am grateful for the confirmation that new clause 8 is a probing amendment. The Prime Minister has set out a deal, and the political declaration contains a framework for a comprehensive and ambitious free trade agreement. The result of the general election shows that, across the whole United Kingdom, the public support that, notwithstanding the points that have been made in the Chamber today about different areas.

That mandate did not include negotiating a customs union or maintaining the UK’s place in the single market, as proposed in the new clauses. The public want us to move on to negotiating the future relationship without any unnecessary hurdles, and that is what the Government will do. Only by leaving the EU customs union and single market will the UK be able to pursue an ambitious free trade agreement and strike new trade deals with new and existing global partners. The political declaration provides a framework for all that.

The political declaration also provides a framework for security co-operation. That will include access to the European arrest warrant, which several colleagues have mentioned, as well as to Europol and SIS II. We have committed to being involved in them, and our European partners have committed to engaging in that through the political declaration.

We have also agreed to put in place a streamlined extradition arrangement, on which we continue to work with Europol and Eurojust. Beyond that, we have agreed to look at further areas of co-operation on the exchange of information. Beyond SIS II, on the broader point raised by the hon. Member for Torfaen, it will also include Icarus.

The detail, however, means this is best done in co-operation over the period. After all, the point of the level playing field is to do this in a paced way. As a cross-cutting Minister, I have engaged on this issue with a number of Ministers who are engaged much more directly. The hon. Gentleman will be reassured as this issue rolls out, but it is not for today’s Bill, although it is a perfectly acceptable placeholder for a probing amendment.

On new clause 29, I make it clear that we want an ambitious future economic partnership with the EU that allows us to control our own laws, with the benefits of trade with other countries around the world. Adopting this amendment would prevent that. Dynamic alignment with future EU rules is not in the best interests of this country. It is here, not in Brussels, where decisions should be made on the laws that govern our country. That point has been ably made by other hon. Members.

We will maintain and uphold high standards for workers, consumers and the environment. We do not have to follow EU rules to achieve that; we can do it on our own. We have made that clear in the revised political declaration and through our commitment to introduce legislation that will enshrine those high standards in our laws.

[Debbie Abrahams]

Can the Minister confirm, as the right hon. Member for Ludlow (Philip Dunne) mentioned, that the principles of new clause 27 will be included in the environment Bill if they are not to be included in this Bill?

[James Duddridge]

Forgive me if I am not definitive and if I have not ticked off every single point, but the underlying point is that there will be no regression. We have committed to environmental rights, and I will go into more detail on how we will move ahead of what the EU is currently doing and of what it proposes to do. The answer, in spirit, is yes, but I do not want to give a resounding yes, just in case there is one comma in one part of the hon. Lady’s amendment that deviates from what we are doing.

On the broader suggestions about participation in EU funding programmes, the political declaration envisages close co-operation across a range of areas, including science—I am coming on to that—and education. The declaration already provides a possibility for programmes, which will be done during the negotiation period.

The political declaration sets out that the parties will also explore co-operation between the United Kingdom and all the appropriate EU agencies. The nature of that co-operation will be subject to negotiation.