European Union (Notification of Withdrawal) Bill

Jess Phillips Excerpts

3rd reading: House of Commons & Committee: 3rd sitting: House of Commons & Report stage: House of Commons
Wednesday 8th February 2017 Commons Chamber

[Mr Baker]

Indeed. In emphasising how committed the Government are to the issue, it might well assist the Committee to return to the Secretary of State’s comments on Second Reading, where he pointed out:

“The Bill also gives the Prime Minister the power to start the process to leave Euratom…This is because, although Euratom was established in a treaty separate from the EU agreements and treaties, it uses the same institutions as the European Union, including the European Court of Justice.”

He went on, in response to an intervention, to say

“Euratom passes to its constituent countries the regulations, rules and supervision that it inherits, as it were, from the International Atomic Energy Agency, of which we are still a member. When we come to negotiate with the European Union on this matter, if it is not possible to come to a conclusion involving some sort of relationship with Euratom, we will no doubt be able to reach one with the International Atomic Energy Agency”.—[Official Report, 31 January 2017; Vol. 620, c. 819-20.]

The point I am making is that this is a crucial issue and the Government understand that. We are fully committed to making progress on nuclear matters in research, development, implementation, safety and global collaboration, but we need to leave Euratom as we leave the European Union. The Government are entitled to do so, and it is quite right that the Bill stands as it is as the Government move forward. I will certainly be voting for the Bill as it stands. The amendments are unnecessary and counterproductive. I commend all the Ministers’ work on Euratom.

[Jess Phillips (Birmingham, Yardley) (Lab)]

I feel the need to say that I will be brief and then just talk for as long as possible, just because I would not like to revert to type. I wish to speak specifically to new clause 100, which is principally in the name of my right hon. and learned Friend the Member for Camberwell and Peckham (Ms Harman). I would like to start by saying how grateful she and I are to the 64 colleagues who have added their names in support of it. That shows the real strength of feeling and concern in the House on this issue. It has already been mentioned by some of my hon. Friends, and I shall go into it in more detail.

--- Later in debate ---

[Caroline Lucas]

I certainly pay tribute to the role that Labour has played in those rights. Does the hon. Lady agree, though, that the EU does actually take us further in some respects—for example, on equal pay for work of equal value? Would she also agree that the real risk here is that when that EU legislation becomes UK domestic legislation, it can be unpicked through secondary legislation, and what we have heard is absolutely no reassurance on that?

[Jess Phillips]

Absolutely. I agree entirely, and I will talk a little about what the EU has done that goes beyond UK legislation.

[Mr Harper]

Will the hon. Lady give way?

[Jess Phillips]

I will give way—perhaps—shortly.

The rise of pregnancy discrimination in the past few years because of changes in UK legislation means that women’s rights definitely need to be protected and considered, and I would be very happy if we had external protection.

The rights of part-time workers are crucial for women. That includes pension rights and equal treatment at work for part-time workers. Some 75% of part-time workers are women, and 42% of women work part time. Equal pay for work of equal value is crucial for women. The issue derives from the speech therapist case brought to the European Court of Justice in 1993. It is a very live issue, because low-paid women in the UK are today fighting equal value pay cases against Asda and Reading Council—this is still going on today.

The Government’s White Paper touches on this. I am just going to make a minor segue: because my favourite moment in the White Paper was the bit where it said that Britain does have sovereignty but it has not always felt like it. That reminded me of my children saying, “I know you love him more than me. I know you love me too, but it hasn’t always felt like it.” We really made Britain look like a petulant teen. Anyway, back to women’s rights.

The White Paper says:

“The Government is committed to strengthening rights when it is the right choice for UK workers and will continue to seek out opportunities to enhance protections.”

What exactly does “the right choice” mean? When do the Ministers in front of me think that strengthening workers’ rights is not the right choice?

I remind the Committee that it is not long since we had the red tape challenge. The Equality Act 2010 was included in the red tape challenge in 2012, so the very rights to which the Government now say they are committed they have previously considered to be red tape. The Prime Minister herself was the then Minister who led that review. When Ministers wonder why we doubt the sincerity of their commitment, I say to them that I have read the White Paper very carefully. Much like the Government Front-Benchers going out to the European Union as part of the Brexit team, there is not a single mention of a woman, nor equality, anywhere in the White Paper.

[Mr Harper]

Will the hon. Lady give way?

[Jess Phillips]

I think it is time for a woman’s voice to fill this Chamber for now. I believe that the right hon. Gentleman has had his say.

[Seema Malhotra]

Will my hon. Friend give way?

[Jess Phillips]

I absolutely will give way. [Laughter.]

[Seema Malhotra]

My hon. Friend is making a characteristically powerful and passionate, and humorous, speech. Would it not be fair to approach the wording in the White Paper with some caution, bearing in mind that prominent leave campaigners argued that leaving the EU would be an opportunity to cut EU social and employment protections?

[Jess Phillips]

Absolutely. My hon. Friend makes a very good point, unfortunately. The thing that we might get, as the leave campaign said, is a squashing of workers’ rights; the thing that we will not get is £350 million going into the NHS. If only there was a level of consistency in what we have been promised.

[Mims Davies (Eastleigh) (Con)]

I have always enjoyed working on the Women and Equalities Committee, which has been incredibly harmonious, listening to both men’s and women’s voices. I understand the spirit of new clause 100, but I find it faintly objectionable—I know who I am addressing this to in using that phraseology—to criticise our Prime Minister in talking about women’s rights and equalities, because she has led the way on tackling female genital mutilation, making sure that workers in particular areas have better life chances, and tackling coercive control. May I implore the hon. Lady to believe that Conservative Members, particularly our Prime Minister, do believe in the rights of those both male and female?

[Jess Phillips]

I have absolutely no doubt that some Conservative Members care about women’s rights, but I have lots of evidence to suggest that some absolutely do not, and need, frankly, a good, strong talking to by our Prime Minister. It is because I know how committed the Prime Minister has been to dealing with issues of violence against women like FGM, and cross-border issues to do with FGM, that I cannot understand why she would whip her party not to vote for this.

When Ministers are at the negotiating table thinking about the competitiveness of the UK economy, what will be high on their list? Will it be how to ensure that we protect and enhance workers’ rights or women’s rights—I think we can see the answer on the Government Front Bench—or will it be to undercut our EU neighbours by becoming a low-regulation, low-tax economy? The esteemed High Court justice Dame Laura Cox has said:

“Some of the basic rights that we now take for granted—pregnancy and maternity rights, part-time workers’ rights, equal pay for work of equal value—are all at risk if the UK becomes a low regulation economy.”

Is that the true destination of these negotiations? Can the Minister give us an assurance that powers in the great—or otherwise—repeal Bill will not be used to remove any equality and employment rights at a later date? Will the rights of part-time workers, pregnant women at work and women fighting for equal pay really be safe with them, whatever happens?

[Charlie Elphicke]

The hon. Lady is making a passionate case, but it is not really for this Bill; rather, it is for the great repeal Bill, which will come in due course.

[Jess Phillips]

I acknowledge the hon. Gentleman’s assertion, but I am being asked to vote on something tonight and I want to be certain that people like me and people who live in my constituency are going to be protected. At the moment, I do not feel confident about that.

[Mr Harper]

May I give the hon. Lady some help?

[Jess Phillips]

No. To clarify, a lot of Members are waiting to speak. The right hon. Gentleman has been on his feet for many minutes during this debate, and I think it is time for someone else to have a chance to speak.

My second concern, which has been touched on, is the issue of violence against women and girls. The new clause would not only defend women’s rights at work, but protect those women escaping domestic violence and FGM and those trafficked across the EU and the UK. In 2010, up to 900 schoolgirls across the city of Birmingham were at risk of FGM, with the key risk ages being at birth, four to six years old and during puberty. One in five children in Birmingham will have experienced or seen domestic violence before they reach adulthood. At least 300 forced marriages of women take place in the west midlands every year. When Ministers are at the negotiating table, who will be in their minds? Will it be the women in my constituency experiencing FGM and those fleeing their violent partners and using services such as Birmingham and Solihull Women’s Aid?

In Birmingham, four women have been murdered in the past year, with another woman found dead in my constituency only last week. The European protection order ensures that women who have suffered domestic violence are protected from the perpetrators if they travel or move anywhere in the EU. Predictions about the consequences of Brexit for policing measures will depend on the outcome of the negotiations.

On 4 February 2016, history was made in the Hammersmith specialist domestic abuse court when the first European protection order in England and Wales was imposed. In this case the survivor had returned to Sweden. A restraining order and an EPO were granted so that she is protected in the UK as well as in Sweden. It is generally accepted that the UK will want to continue with certain parts of EU policing, justice and co-operation, and it is essential that the UK is able to opt into the EPO agreement following Brexit. The White Paper notably neglects to mention any of this. It does not mention FGM, domestic violence or, indeed, any areas in which the Government will continue to work with European partners on the issue of violence against women.

In the area of crime, only organised crime and terrorism are mentioned. Although they are incredibly serious things, no Member will be able to find as many constituents who are as affected by those two crimes as are affected by what I am talking about. Will ending violence against women and girls and, in particular, the UK’s continued use of the EPO be a priority for the Government during and after the Brexit negotiations?

Finally—this is not a penultimate “finally”—the new clause would achieve what the Prime Minister says she wants to achieve, which is to make the UK a fairer place and to not only protect workers’ rights but build on them. Those were her words.

There are many gaps in our equalities legislation, and there is a need to make our legislative framework fit for the 21st century. Sections 14 and 106 have been there since the Act was passed but have not been commenced. Will the Minister undertake to establish a cross-departmental and cross-party—I put myself on the line by saying that I will come and help—working group to assess and make recommendations on developing legislation on equality and access to justice? My challenge to the Government is this: will they take the opportunity that Brexit gives us and make the UK the best place to be a woman, or will it be one of the worst?