European Union (Withdrawal) Bill

Debate between Joanna Cherry and Seema Malhotra

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

[Joanna Cherry]

If I may say so, I think that that is to misunderstand. I am not responsible for the false assurances that were given about the opt-out when this country signed up to the charter. They did not come from the Scottish National party, and I think it is fair to say that they have now been disowned by the Labour party. In reality, the incorporation of the charter in our law has meant enhanced direct effect. I use the term “direct effect” rather than “direct applicability” because people are able to take an action and refer to those rights in the course of their action, as we saw in the Supreme Court case last summer when a gentleman named Mr Walker was able to realise equal pension rights for his husband, despite a loophole in UK law about the equalisation of pension rights for gay couples, because the EU charter closed that loophole.

I want to give the House a brief list of some of the rights involved. We have heard a lot about data protection, and I know that others will want to address that issue, but it is worth remembering that the right to be forgotten on Google and other search engines—which I believe is of interest to some Members—stems from the EU charter. There is more to it than that, however. Let us look at the words of others, rather than simply accepting the argument on my say-so.

When the Exiting the European Union Committee took evidence on these matters, Caroline Normand, the director of policy at Which?, told us that

“the Charter of Fundamental Rights contains some really important principles for consumers. The particular ones that I would highlight are the right to a high level of human health protection, which is article 35, and a right to a high level of consumer protection.”

She referred to the case last May—it has already been mentioned today—when the large tobacco companies brought judicial review proceedings challenging the regulations that introduced standardised packaging for tobacco products. The High Court dismissed the case, referencing the public health and other rights set out in the charter. That is a pretty meaningful right for public health in these islands.

Dr Charlotte O’Brien, a senior lecturer at York Law School, told the Select Committee that she had produced an approximate count for the number of times the charter was referenced in case law. She found that the charter was cited in 248 cases in England and Wales, 17 in Northern Ireland, 14 in Scotland and 98 in the European Court of Human Rights, and in 832 EU judgments, 515 of which were from the Court of Justice. Her point was that that is an awful lot of cases that would have to be read differently, and it is not clear how they are to be read differently.

[Seema Malhotra (Feltham and Heston) (Lab/Co-op)]

The hon. and learned Lady and I both sit on that Committee. I would like her views on another point made by Dr O’Brien, which was that the school of thought that says that excluding the charter might not make that much difference is misleading because of the extent to which it is embedded in a lot of what we would consider to be retained EU law, and disentangling that would be extremely complicated.

[Joanna Cherry]

Dr O’Brien did indeed make that point, and I think that anyone interested in the detail of why removing the charter from domestic law would take away rights would be well advised to read her evidence.

European Union (Notification of Withdrawal) Bill

Debate between Joanna Cherry and Seema Malhotra

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

[Joanna Cherry]

I will not at the moment, thank you.

I will come back to Gibraltar in a moment, but I want to continue on the subject of Scotland’s priority in these negotiations. The document I am holding—“Scotland’s Place in Europe”—puts forward a highly considered and detailed case to the British Government. As I said, we are still waiting for any kind of considered or detailed response. This morning, the Exiting the European Union Committee heard evidence from a number of Scottish legal experts, in addition to the Minister, Mike Russell. We were told by Professor Nicola McEwen that the proposals in this document are credible and merit examination.

What the Scottish Government are asking for from the British Government is no more than the British Government are asking for from the other 27 member states of the European Union, and that is for there to be consideration in negotiations of our position, and our position is somewhat less substantial than the position the British Government want to put forward in Europe.

[Seema Malhotra (Feltham and Heston) (Lab/Co-op)]

Will the hon. and learned Lady give way?

[Joanna Cherry]

I am going to make a little progress, and then I will give way.

The Scottish Government are looking for a response to this document, and that is why we are not going to push new clause 145, which has been held over to today for a vote. A meeting is taking place this afternoon of the Joint Ministerial Committee, and we are still prepared for the time being to put faith in the promise the Prime Minister made, which my right hon. Friend the Member for Gordon (Alex Salmond) has just reminded us of, about Scotland’s wishes being taken into account. However, Members of this House should make no mistake: we will expect the Prime Minister to deliver on that promise. We will expect—just as Gibraltar does—to have our position put forward in the article 50 letter. If that does not happen, and the Prime Minister breaks her promise, we will hold another independence referendum, and on the back of the Herald headline, things are looking pretty good for that at the moment—we are at nearly 50%, and not a single word has been uttered yet in the campaign for a second independence referendum.

[John Redwood]

rose—

[Seema Malhotra]

rose—

[Joanna Cherry]

I will not give way to the right hon. Gentleman for the time being, but the hon. Lady was going to raise a point.

[Seema Malhotra]

The hon. and learned Lady referenced the evidence session we had this morning with her colleague from the Scottish Parliament. Does she agree, however, that there were a number of unanswered questions in the Committee, including on what regulations Scotland may be subject to if it were in the European economic area; what the impact might be on the trade relationship with the rest of the UK; what the controls at the border might be, and what they might need to look like if Scotland had free movement but the rest of the UK did not; and what payment might need to be made by Scotland, including how much that would be and where it would come from? There was some confusion over those points.

[Joanna Cherry]

I do not agree with the hon. Lady. The transcript will be available shortly, and when hon. Members read it they will see that my colleague who is a Minister in the Scottish Government repeatedly told Members that the answers to the questions they were asking were in this document. It was rather surprising that one member of the Committee admitted that he had not read the document but berated the Scottish Minister for not having answered questions that are answered in the document he has not read. I hope that the British Government are studying this document, as there is perhaps quite a lot to learn from it.

European Union (Notification of Withdrawal) Bill

Debate between Joanna Cherry and Seema Malhotra

Committee: 1st sitting: House of Commons
Monday 6th February 2017 Commons Chamber

[Seema Malhotra]

Perhaps I can clear this up. The maximum time is to encourage engagement over the period of the negotiations, assuming that they last for two years. This is a process to engage the regions and nations far more effectively in a national conversation. If there is one thing that this debate and the referendum outcome have taught us, it is that people want to be listened to.

[Joanna Cherry]

I rise to speak in support of amendment 46, which stands in my name and that of my hon. Friends, but before that I would like to take the opportunity to thank Conservative Members who have spoken this evening for their quite extraordinary display of hubris and contempt towards amendments, laid by several different parties, that simply seek to make sure that the reality of the modern British constitution and devolved settlement is respected. Those of us who believe that Scotland would be better off managing its own affairs as an independent member of the EU will have received a huge boost this evening from their behaviour. It was a pleasure to listen to the speech of the hon. Member for Foyle (Mark Durkan). I am sure he will forgive me if I say that I suspect that the cause of a united Ireland has also received a boost this evening. I very much hope so.

I will be brief so that others from my party might have a chance to speak. The purpose of amendment 46 is to require the Prime Minister to obtain the legislative consent of the Scottish Parliament, the Welsh Assembly and the Northern Irish Assembly before she triggers article 50. It is a pleasure to have the opportunity to correct the hon. Member for North West Cambridgeshire (Mr Vara) and his woeful misunderstanding of what the Supreme Court did and did not say in relation to legislative consent motions. It said that, as currently framed in the Scotland Act, they are not legally enforceable. It did not say that they had no meaning whatsoever. The hon. Member for Foyle quoted paragraph 151 of the judgment, and I very much suggest that Conservative Members read the judgment, rather than simply taking from it what they want. It said:

“The Sewel Convention has an important role in facilitating harmonious relationships between the UK parliament and the devolved legislatures. But the policing of its scope and the manner of its operation does not lie within the constitutional remit of the judiciary”.