Retained EU Law (Revocation and Reform) Bill

Justin Madders Excerpts

Tuesday 25th October 2022 Commons Chamber

[Justin Madders (Ellesmere Port and Neston) (Lab)]

There have been more than 20 speakers today, and there have been some really important speeches, particularly by Labour Members. My hon. Friends the Members for Luton South (Rachel Hopkins), for Sheffield Central (Paul Blomfield), and for Liverpool, Riverside (Kim Johnson) have spoken extremely well. My hon. Friend the Member for Stockton North (Alex Cunningham) spoke, as he always does, as a powerful advocate for the chemical industry, and it was alarming to hear about the increased costs that it faces. I hope that the Government are listening and act accordingly.

My right hon. Friend the Member for Hayes and Harlington (John McDonnell) made an important point. He was right to link the Government’s actions and anti-trade union legislation that we have seen, and will see again, with what might happen with the Bill. There is a very good reason why working people have a lack of trust that the Government will protect employment rights. My right hon. Friend the Member for Leeds Central (Hilary Benn) gave a superb speech about why the Bill was bad for democracy. He was right to quote the Hansard Society, which said that the Bill sidelined Parliament. He also said—and I agree entirely—that one person’s burdensome law is another person’s right to safe working conditions.

My hon. Friend the Member for Walthamstow (Stella Creasy) made the important point that the Government had admitted that the list of laws covered by the Bill is not comprehensive. She said that, even in the past week, a Government Department has claimed that a rule on free-to-air coverage of sporting events was not covered by the Bill, when in fact, she says, it is. If we cannot even agree what is covered by the Bill, what confidence can we have that things will not slip through the net? That is the position in which we now find ourselves with the Bill.

We do not know what the Government will do, when they will choose to do it, and, now, even who will be doing it. I appreciate that, over the past few weeks, this has become a familiar feeling for us all, but this will be the first time that the institutional dysfunction that is currently engulfing the Conservative party will be put onto the statute book. We agree that there needs to be a legislative solution to the issue of EU influence on UK law, but that should be in a Bill that has some coherent and underlying vision about what type of country we want to be moving forward, beyond the simplistic deregulation mantra. A proper Bill that looks to recast our country should include a considered view on what rights and protections we want to retain, what we want to enhance and what rules we want to see the end of, but this Bill runs away from that debate. It is sweeping in its effect, but timid in its narrative. We left the EU so that this Parliament and the people whom we represent could be put back in charge of our own destiny, but the Bill does the opposite. It reduces scrutiny, it reduces transparency and it reduces accountability. If we are not careful, it will also reduce working people’s rights, environmental protections and our rights as consumers, and there will be not a thing that this Parliament can do to stop that.

The powers that the Bill gives to Ministers mean that they can make sweeping changes to just about every facet of people’s lives with minimal or no recourse to parliamentary scrutiny. This type of grasp of power is simply unprecedented, and the potential consequences of it have concerned many groups, such as the Royal Society for the Protection of Birds, the TUC and, that stalwart of the anti-growth coalition, the Bar Council.

Environmental groups have called this legislation an attack on nature and have warned against the dire effects that not retaining the legislation could have on the UK’s environment—potentially less wildlife and wild spaces, less protection for bats, otters, dolphins, kingfishers and salmon, and more polluted rivers. What about employment rights? What is to become of them? With the abolition of the TUPE regulations, will we be going back to the dark ages of employment rights where getting a new business owner means a P45 for all the staff? Will it once again be permissible to discriminate against people just because they work part-time, or are an agency worker?

There is no doubt that the removal of many of these rights would disproportionately impact women in the workplace. What about rights to paid annual leave? Introducing the right to paid holidays was one of the proudest achievements of the last Labour Government. Let us be clear: there is no appetite among the public, and certainly no mandate, to scrap it. Let us be clear as well: holiday pay is not red tape. Daily rest breaks are not red tape. Parental leave is not red tape. These rights are basic tenets of a civilised society.

I have already referred to the lack of clarity from the Government about which elements of retained EU law will be assimilated, but it is worse than that. As we have heard, the Government themselves do not even know whether they have found all the laws that will be covered by the Bill. I hope that, at the very least, it will be acknowledged that the Bill does not contain an exhaustive list of retained law that is on the chopping block. It would have been helpful for everyone to have such a list so that Members would know exactly what they are voting potentially to abolish. Instead, we are directed to a dashboard, which even the Government admit, may not be complete, and from there we have to enter search terms that may come up with affected regulations, but even that does not tell us what the Government intend to do with those regulations. It is almost as if a list of all the laws that will be chopped is something that the Government do not want us to know. It is almost as if they are worried that people might see such a list and say, “Well, I didn’t vote for this.”

Let us be clear: huge risks flow from a sunset clause that will come into effect probably just seven or eight months after the Bill becomes law. I would call it a precipice rather than a sunset. Of course, the legislative framework should be updated to recognise the new world we are in, but, given the chaotic nature of Government, it is not unreasonable to assume that things will be missed. Indeed, things have already been missed. More importantly, the chance for this place to have a real say on what is retained and what will be sacrificed for the easy headline of an arbitrary date by which all laws will be gone. We are talking about more than 2,400 pieces of legislation. It will simply not be possible for Ministers, let alone Parliament or even the people who might be affected by these rules, to have a proper say in these timescales. I do not accept the analogy made earlier about transposing EU laws; the Bill goes far beyond that and will potentially change those rules, as well as revoking and amending them.

It would be remiss of me not to mention the bespoke consultation on which red tape the public would like dropped, which the Department, under the former Secretary of State, conducted via the Daily Express. Apparently there were over 2,000 responses, which prompted the Department to publish the top nine ideas—yes, just nine. Maybe they could not find 10 that were printable. I am sure we are all eager to hear what was first on that list, so I can reveal that the No. 1 benefit identified by the Department was: “Encourage fracking”, by shortcutting “rules on planning”. I am not sure whether Government Members will be keen to have another debate on fracking, given the chaos we saw last week. However, we know perfectly well that planning rules are nothing to do with the EU, so the Department has hardly demonstrated a firm understanding of what EU law actually does.

More worryingly, that list also included a proposal to give agency workers lesser rights than permanent employees. I suspect that one was sent in by the chief executive of P&O—not that he waited for a change in the law. That is important, because the Bill makes no reference to protecting workers’ rights. It instead bakes in a race to the bottom by putting rocket boosters under the deregulation agenda, in direct contradiction to the Tory party’s pledge on page 5 of its manifesto:

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

This Bill does the opposite. Worse still, there will be no warning before these laws fall off the statute book. No consultation, no engagement, no reference to Parliament—Ministers simply have to sit on their hands and these rights disappear.

It has been made clear by many who have spoken that the Bill does not take back control. Indeed, it was never designed meaningfully to take back control; it is designed to give it away. But the Bill does not just relinquish control; it heralds a new age of uncertainty. We were in one anyway but, like the chaos of the last few weeks, that uncertainty is entirely ideologically driven. At a time when this country needs as much political and economic certainty as it can muster, we are instead served up a diet of ambiguity. We all know that businesses need certainty to make investment decisions and commit to the long term, but we are instead entering a period of at least a year when everyone will have to guess what the regulatory environment will be in 12 months’ time. Why do Ministers not avoid that quagmire and just tell us what laws they want us to keep?

This Bill presents the House with a choice. If Members vote for it, it will be their choice to strip powers away from our democratically elected Parliament, undermine parliamentary sovereignty and throw away much-valued rights and protections. What has been proposed today does not take back control; it gives away control. It adds even greater uncertainty and risks jettisoning rights that many people thought were secure. Government Members should think carefully about whether they wish to troop into the Lobby to support the Bill and hand over such sweeping powers to a select few. If they do, and if their constituents come back to them in 18 months’ time and ask why they voted to end holiday pay, daily rest breaks or protections for wildlife, it will not be good enough to say that that was not what they wanted to happen, because that is what their votes today could lead to.

Today we are being asked to sign a blank cheque. We are being asked to agree a Bill that puts some of our most important environmental, employment and social protections on a cliff edge and place our trust in a Government that change their Ministers and Prime Ministers as often as most people change their socks. No self-respecting defender of democracy can sign up to that. To conclude, with all the talk of sunset clauses in the Bill, perhaps the one thing that it shows is that we do need a sunset, and we need it as soon as possible. We need a sunset on this Government once and for all.