Exiting the EU: Sectoral Impact Assessments

Debate between Keir Starmer and Jacob Rees-Mogg

Wednesday 1st November 2017 Commons Chamber

[Keir Starmer]

I will give way in a minute. As I have said, we are open to hearing from the Government if they have alternative mechanisms or procedures to allow publication in an appropriate fashion. We are not wedded to the form we have put forward. We are wedded to challenging the blanket approach that the Government have taken.

[Mr Jacob Rees-Mogg (North East Somerset) (Con)]

I am one Member of this House who welcomes the use of a 19th century procedure to hold the Government to account. I have one question for the right hon. and learned Gentleman: why is he asking for this information for the Select Committee on Exiting the European Union without a formal motion having been passed by that Committee to request these papers?

[Keir Starmer]

Because that is not necessary and this is an important motion, and because in recent weeks we have seen contempt for motions in this House—week after week on Opposition day motions—from a Government who are too weak to turn up or too weak to accept the outcome. Therefore we have chosen a procedure that is binding on this Government.

Only a weak Government push Parliament away and ignore the facts. It should not require an arcane parliamentary procedure to force the Government to release these documents, but after 10 months of trying that is what Parliament now has to do. The current impasse prevents Parliament doing its job, undermines accountability and is inconsistent with transparency. The Government should support the motion before the House today.

European Union (Withdrawal) Bill

Debate between Keir Starmer and Jacob Rees-Mogg

Thursday 7th September 2017 Commons Chamber

[Keir Starmer]

I am grateful for that intervention. It powerfully—

[Mr Rees-Mogg]

Will the right hon. and learned Gentleman give way?

[Keir Starmer]

I am on my feet answering the last intervention, which powerfully makes the point that this Bill is unprecedented in its scope. That is significant because the Secretary of State will point to some of the safeguards under the Bill for the exercise of some of these powers, but if delegated legislation can amend the Bill’s powers once enacted then notions of exit day, how far the delegated legislation goes and which procedures are used could be amended by the delegated legislation. So it is a very real point.

[Keir Starmer]

I am going to press on.

[Mr Rees-Mogg]

rose—

[Keir Starmer]

I am going to press on.

Let me turn from parliamentary involvement to the protection of rights. Many rights and protections derived from the EU are protected in delegated legislation under the European Communities Act 1972. Because they are underpinned by EU provisions, they have enjoyed enhanced protection—44 years’ worth. They include some very important rights: the working time rights of people at work; the rights of part-time and fixed-term workers; the transfer of undertakings provision, which affects everybody who is at work if their company is taken over, so that their contracts are preserved, which is something we all believe in; and all health and safety provisions have been handled by delegated legislation under the 1972 Act, too. It did not matter that it was just delegated legislation, because they had enhanced protection because of the 1972 Act and our membership of the EU. The same is equally true of important environmental rights and protections for consumers. Under this Bill, the Secretary of State says they survive, and I accept that, and he does have a commitment to rights at work, but they do not survive with their enhanced status; they survive only in delegated form. From the date of this Bill, they are amendable by delegated legislation. All of those rights at work, environmental provisions and consumer rights are unprotected from delegated legislation.

--- Later in debate ---

[Keir Starmer]

I am very grateful for that intervention, because one thing that is not on the face of the Bill is any enforcement provision for rights currently enforced in one or other way through EU institutions, or even reporting obligations. It is fair to say that there is the provision in the Bill for the creation of public authorities—by, guess what, delegated legislation—and maybe that could be used for remedies, but it is by no means clear on the face of the Bill, and that is an important deficiency.

Let me complete this point: does it matter that these rights have lost their enhanced protection? Yes, it does. Taking back control obviously carries with it that this Parliament can change those rights, as the Secretary of State rightly set out, but this is to change them by delegated legislation, not primary legislation; that is an important distinction.

Does it matter? Would anybody have a go—surely not in the 21st century? Well, in June 2014 the current Foreign Secretary called for an end to “back-breaking” employment regulations, specifically the collective redundancies directive. The current International Development Secretary during the referendum campaign called for the Government to halve the amount of protection given to British workers after Brexit. And the International Trade Secretary—[Interruption.] I am addressing the question of whether it is conceivable that a Conservative Government might change this; I am reading out the statements of three Cabinet members. In February 2012 the International Trade Secretary—I know the Secretary of State for Exiting the European Union has heard about this quote already this morning—wrote:

“To restore Britain’s competitiveness we must begin by deregulating the labour market. Political objections must be overridden. It is too difficult to hire and fire and too expensive to take on new employees. It is intellectually unsustainable to believe that workplace rights should remain untouchable while output and employment are clearly cyclical.”

The Secretary of State for Exiting the European Union has a proud record on human rights and protections of people at work, but these are the statements of Cabinet colleagues, and this power in this Bill allows these rights to be overridden by delegated legislation.

[Mr Rees-Mogg]

Is there not a fundamental contradiction in what the right hon. and learned Gentleman has been saying? A moment ago he was worrying that power would be lost from this House; now he is saying that power should in fact be with the European Union. Is not the fundamental point of this Bill that it is better that laws should be made by our Government and our Parliament than by an unelected EU bureaucracy?

[Keir Starmer]

I am obviously a very bad communicator: I thought I was suggesting that workplace rights, environmental rights and consumer rights should only be capable of being taken away by primary legislation. If there is any doubt, I can assure the hon. Gentleman that when I say primary legislation I mean legislation in this House; I thought that was taken as read.