European Union (Withdrawal) Bill

Jim Cunningham Excerpts

Report stage: First Day: House of Commons
Tuesday 16th January 2018 Commons Chamber

[Joanna Cherry]

The amendments I have tabled go to the heart of concerns that many Members have about the wide powers afforded to the Executive by clause 9, schedule 2 and other parts of the Bill in relation to secondary legislation. The purpose of my amendments is to ensure that Ministers can only bring forward regulations under clause 7 and the like when it is “necessary” to do so, rather than when it is “appropriate”. The word “appropriate” is too wide.

These issues were discussed in Committee, but—surprise, surprise—it was very difficult to get a straight answer from Ministers about why they were so wedded to the word “appropriate” and were not interested in changing it to the word “necessary”, as supported by many organisations including Justice and the Law Society of Scotland. The change would also reflect judicial concerns about the breadth of discretion that the judiciary would be given if they had to determine whether something was “appropriate” rather than “necessary”. This will be subject to judicial review because we are talking about secondary legislation. I tried in vain in Committee to get the Minister to say what was meant by “appropriate”. He referred me to the dictionary definition, but that is simply not good enough.

[Mr Jim Cunningham (Coventry South) (Lab)]

It seems to me, and I am sure the hon. and learned Lady will agree, that as far as the Government are concerned, “appropriate” means, “We’ll tell you what we’re going to bring in front of you.”

[Joanna Cherry]

The hon. Gentleman is absolutely right. That is the gravamen of the concern. The Government are given too much discretion to decide what they consider is appropriate, rather than what is necessary for the purposes of the Bill.

I have no doubt that, later in the debate this afternoon, a Minister will rise to reassure me and others that the Government would never do anything inappropriate, but I think we know what we all think about that. And I am talking not just about this Government; all Governments, particularly when afforded too much Executive power, will seek to abuse it—that is in the nature of the Executive.

In Committee, I was rather struck by a sweeping statement by the right hon. Member for West Dorset (Sir Oliver Letwin), who said that, apparently, we all know what “appropriate” means and that the courts will know what it means. If that is so, why does the Minister not tell us what “appropriate” means in this context? Many distinguished lawyers have said that the courts will not know, and the judiciary themselves have expressed concern about the breadth of discretion given to the Government by the use of the word “appropriate” rather than the word “necessary”.

The matter has been raised by the Delegated Powers and Law Reform Committee, which recommended that the power in clause 7

“should only be available where Ministers can show that it is necessary to make a change to the statute book”.

I have no doubt that an amendment on that will be forthcoming in the House of Lords, but as I said earlier in the debate, it is important that this democratically elected and accountable House debate these matters and that we get some colour from the Government on their position.

The issues raised by the amendment have also been referred to by the Scottish Parliament’s Finance and Constitution Committee, which has produced an interim report on the Bill and supported the recommendation. I think that I am right in saying that the report was supported by a number of Conservative Members of the Scottish Parliament, so this is not really a party political issue. I do not want us to withdraw from the EU, but I recognise the need for this legislation if we are going to do so, and this amendment seeks to circumscribe Executive power.

European Union (Withdrawal) Bill

Jim Cunningham Excerpts

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

[The Solicitor General]

My right hon. Friend and I were on opposite sides of that debate—indeed, we have been on opposite sides of the debate on Europe for the 20 years and more that I have known him—but I never said in the many arguments I made up and down the country that this was a have your cake and eat it withdrawal: if we voted to leave, it would mean we left the institutions of the EU, which included the customs union and the single market. That is why I campaigned against it, but I accept, as every democrat I know does, the result of the referendum.

I shall now move on, as swiftly as I can, to deal with the effects of these amendments.

[Mr Jim Cunningham (Coventry South) (Lab)]

rose—

[Jonathan Edwards (Carmarthen East and Dinefwr) (PC)]

rose—

--- Later in debate ---

[Mr Jim Cunningham]

My hon. Friend has listed what we would like to see. Would he also include regional aid, which is very important to west midlands manufacturing industries?

[Mr Leslie]

Regional aid—and the financial side—probably has more to do with the EU, and the Government have to say how they would substitute that. All these policies are much affected by our membership of the EEA. The only things not in the EEA are many of the customs union and trade policy arrangements. If we want a smooth Brexit—a soft Brexit, we might call it—membership of the EEA is by far the better arrangement. Rather than climbing every mountain rebuilding a trade relationship with the EU, as well as reaching all the free trade agreements with the rest of the world, we could retain our membership of the EEA and with it those trading benefits with the rest of Europe, while still being free to make trade agreements with those other countries we could negotiate with. That would be a bite-size way to deal with this change and more effective than having to climb all those mountains simultaneously.

--- Later in debate ---

[Caroline Lucas]

I am grateful to the hon. Lady for that helpful update. There are many myths about what the EU prevents us from doing, so it is useful to get that clarification.

I was just explaining the different areas in which we need these environmental principles to apply. My concern is that the Bill delivers on only the first: the interpretation of retained EU environmental law. Clause 6(3) states that general principles of EU law will be retained in UK law, and that the courts will be able to interpret EU-derived law in accordance with the retained general principles of EU law, but it is not yet clear whether the environmental principles will be considered to be general principles of EU law. Neither the ECJ nor the treaties have defined “general principles”. The concern is that if the Bill does not explicitly recognise environmental principles as general principles, they could be lost altogether. Even if they are retained, as they should be, the Bill explicitly limits how they could then be applied in two ways: first, UK courts will not be able to overturn decisions or challenge actions that do not conform to the principles; and, secondly, there will be no compulsion on public bodies or businesses to refer to the principles in future actions and decisions.

[Mr Jim Cunningham]

The environmental protections should be enshrined in UK law because we do not want the Government to go the way of the United States on the environment, given the damage that the Trump Administration have done. The Government could be tempted to follow that.

[Caroline Lucas]

I agree. This country will be very interested in forming more free trade agreements as soon as possible, and under circumstances that might not necessarily be in the best interests of our own environment and standards. It therefore even more important that these things are enshrined in law, as the hon. Gentleman says.

Paragraph 3 of schedule 1 explicitly limits the legal remedies available when general principles are contravened. It will not be possible to take an action in court, or to challenge or quash any law or activity on the basis of the principles. The courts will be unable to overturn decisions, and individuals and non-governmental organisations will not be able to challenge decisions on the basis that they are not compatible with environmental principles such as sustainable development. In short, as the Bill stands, if a business or public body contravenes the principles of environmental law, it will not be possible to challenge that in court.

That is a clear departure from continuity, as the EU courts have strongly upheld the environmental principles, such as by overturning planning decisions that contravene the precautionary principle. The level of environmental protection after exit day will not therefore be as strong and rigorous as it was before exit day, unless we accept new clause 60 and do something right now to enshrine these principles in our law.

Oral Answers to Questions

Jim Cunningham Excerpts

Thursday 29th June 2017 Commons Chamber

The Secretary of State was asked—

[Mr Jim Cunningham (Coventry South) (Lab)]

1. What plans she has to ensure the continuation of free TV licences for over-75s for the duration of this Parliament.

[The Secretary of State for Culture, Media and Sport (Karen Bradley)]

Before I start, may I remind the House that, as per today’s Order Paper, I plan to make a statement on the proposed merger of 21st Century Fox and Sky after business questions. Therefore, I will not answer any questions on the subject during oral questions this morning, but I will be happy to do so at the Dispatch Box later.

The BBC has agreed to take on the full cost of the over-75s concession from April 2020. In return, the Government have agreed to transfer policy responsibility for the concession to the BBC, and that was taken forward in the Digital Economy Act 2017.

[Mr Speaker]

As it happens, I must say to the Secretary of State that the specific statement is not referenced on the Order Paper at all. There is a reference to “Ministerial Statements (if any)”, and that is the extent of the information previously divulged, but we are always grateful for a bit of additional, which the right hon. Lady has just provided and we take note of the gravamen of her point.

[Mr Cunningham]

Given that the BBC was not responsible for welfare policy and that this was not part of the Conservative manifesto, will the Secretary of State tell us when the BBC did become responsible for social policy, particularly for welfare?

[Karen Bradley]

I apologise for my inadvertent error and oversight. I meant to say that the statement is referenced on the annunciator, rather than on the Order Paper.

As part of the negotiations for the BBC charter, the BBC agreed to take on the over-75s licence fee. That was agreed as part of an 11-year charter, with which I think all parties were happy.

Investigatory Powers Bill

Jim Cunningham Excerpts

Ping Pong: House of Commons
Tuesday 15th November 2016 Commons Chamber

[The Solicitor General]

My hon. Friend the Chair of the Culture, Media and Sport Committee puts it more succinctly than I did, and he is absolutely right about the balance to be struck and the need for ordinary people who might be the victims of misconduct to have access to meaningful redress of grievance, so I am grateful to him. Having been here in the previous Parliament, he and I will remember debating the Leveson process and the aftermath of the findings of Sir Brian Leveson.

Turning back to the consultation to which my hon. Friend referred, the Government have set out a clear timetable, and we have committed to responding to that consultation in a timely manner.

[Mr Jim Cunningham (Coventry South) (Lab)]

Who exactly is going to be consulted?

[The Solicitor General]

It is a public consultation and invites comment from all members of the public, from whatever corner of the country they might come and whatever interest—it might be no interest—they represent. I am grateful to the hon. Gentleman for giving me the opportunity to emphasise the important point that the Government would welcome as many responses as possible to the questions posed in the consultation—and not just responses but evidence to support the contentions made by those who take part.

Deregulation Bill

Jim Cunningham Excerpts

Wednesday 14th May 2014 Commons Chamber

[Toby Perkins]

My hon. Friend makes an important contribution and he is right. The issue of bogus self-employment, and the broader issue of the vision this Government have for our economy, is working very badly for people in our constituencies and working quite well for a small number at the top. It was ever thus; this is what the Conservative party was set up to do. It was set up to ensure that the rights of a privileged few were protected and to try to convince enough of the lower orders to buy into it in the meantime. That is why the Conservatives did not want the lower orders to have the vote for 100-odd years. We all know where they are coming from, and no doubt if they could get rid of the lower orders having the vote now, they would do it again.

[Mr Jim Cunningham (Coventry South) (Lab)]

Surely one of the tests for the way this Government handle the economy will come very shortly when interest rates go up and the small businesses and entrepreneurs that they boast about cannot get loans to facilitate their business transactions?

[Toby Perkins]

That is another important dimension. We are in danger of straying slightly from our amendment, but it is important that we see this amendment in the context of the economy.

My hon. Friend the Member for Derby North (Chris Williamson) also made an important point about the impact of all of this on our economy. Not only does it undermine employment rights and leave his constituents and mine worse off, but it also hits taxpayers in the pocket, because according to the Treasury’s own estimate, around 300,000 workers in the construction sector alone are effectively in bogus self-employment. That costs the Treasury more than £380 million every year so there is less money going into our public services and into the public coffers because of this issue. This is far from being a construction-site problem, however. That has happened over many years, but in a whole variety of areas—care workers, as spoken about earlier, bookkeepers, sales agents, and from the factory floor to the shop floor—staff who look to all of us to be employers are legally self-employed. While bogus self-employment has previously been predominantly a tax and rights issue, an exemption in respect of health and safety only increases the incentive for employers to pursue this route as a model of recruitment, reducing safety in the workplace, making it an optional extra rather than a hard-won right.

That changing environment places huge responsibilities on us as law-makers, and they must not be overlooked. Labour in government maintained a flexible workplace, not always, I have to say, to the delight of colleagues across the movement who would have liked further protection. We recognised there was a balance to be struck, however, and we still do, but we did that in a way that aimed to ensure that protection against the exploitation of individuals was not sacrificed in exchange. If these Tories really were the workers’ party, they would understand that a flexible workplace that works against the public interest is bad for Britain and bad for business, too.

Returning to this new clause, no self-employed person has ever been prosecuted or threatened with prosecution only for risking their own health. Given that the Bill’s intention is that only people who pose no risk to anybody will be exempt, there will be no practical impact on businesses or individuals. The Health and Safety Executive consulted on Ofsted’s proposals in 2012 and the majority of those responding to the consultation opposed the idea. All in all, I and many other small business owners would recognise the picture painted by the Royal Society for the Prevention of Accidents, which has said that many low-risk, self-employed individuals are

“de facto, already exempt…They will never be routinely inspected. And they are not going to sue themselves if they have an accident!”

If there are no known cases of the self-employed suing themselves and no prosecutions that are being prevented, this is a solution in search of a problem to solve.

The problem it in fact attempts to solve is the perception that this Government have over-promised and under-delivered on regulation. Whenever we hear the Minister defend this, he does not have a lot to say about anyone who will positively benefit. What he says is that there will be a perception that there is less people have to do before they become self-employed. Well, he can say that to the carers, who are being told that they are now self-employed when looking after the old lady they have been looking after for the past 20 years. He should ask whether that removes a disincentive to them setting up a business. That is the reality of what is happening under this Government.