Retained EU Law (Revocation and Reform) Bill

Layla Moran Excerpts

2nd reading
Tuesday 25th October 2022 Commons Chamber

[Layla Moran (Oxford West and Abingdon) (LD)]

To state what is so obvious to my struggling constituents, we are in the middle of a cost of living and an economic crisis—a crisis made worse by this Conservative party’s cack-handed handling of the country’s finances and economy. I am talking not just about the past few days either, but about the decisions that the Conservatives have made in the sort of agreement that we struck with the EU following Brexit.

This Government have put up many barriers to trade over the past few years. They have created enough business uncertainty. We do not need any more of it, but that is what the Bill does. As others have said, I am amazed to see the Bill being brought forward—today of all days. It is indeed the brainchild—the baby—of the right hon. Member for North East Somerset (Mr Rees-Mogg). Minutes after Business, Energy and Industrial Strategy questions this morning, he then resigned, so it was left in the capable hands of the Minister, the hon. Member for Watford (Dean Russell), who I guess in this case would be the nanny—but that would be appropriate, would it not?

This is also the first day of the Prime Minister’s new tenure. People say start as you mean to go on. Well, I am sorry, but this is a very, very bad start indeed. What the Minister has failed to fully answer is why the Government are introducing this Bill. Why do they have to introduce it when there are so many other things that we need to get done, post pandemic, to get out of this mess? Why this? Why are the Government taking forward legislation that will make life harder for businesses in my constituency and across the country? Why do they want to make it harder for them to trade with businesses in France, Germany and Spain? Every time we diverge in standards, businesses face more red tape to export into the EU. This legislation would mean divergence en masse. That is not a pragmatic way to approach trading ties with our largest trading partner.

Then there is the cliff edge. Why on earth do Ministers think this is wise? I think back to 2019—I can see many Members who were here then—because if there is one thing that can unite the House, it is that we do not like cliff edges in Parliament. They are corrosive, including incidentally to inward investment, because they are damaging to business. They create a fog of uncertainty and put undue pressure on Parliament. Indeed, Members have been wise to raise that point, in thoughtful contributions not just from the Opposition Benches but from the Government Benches. This cliff edge is entirely unnecessary and, let us face it, will probably not survive the Lords, and quite rightly. I urge the Government to think again.

The Prime Minister told us yesterday that the country faces a profound economic challenge. Actually, on that we agree—who doesn’t? Yet one of his first acts as Prime Minister was to bring in this Bill. If he was serious about putting the economy right, he would pull this Bill. He would act in the national interest and put businesses up and down the country first, but instead he has chosen to put his party first. This Prime Minister, who no one voted for, has decided on his first day in office to push ahead with a massive undemocratic power grab that tries to wrest control of scrutiny away from Parliament, preventing us from having any meaningful say on future changes, and with no clear steer on how exactly the Government are to achieve this mammoth task in the timeframe they have set themselves.

Incidentally—this bit is even worse—Ministers can choose to do nothing. They do not have to lift a finger, and the termination of these standards, regulations and rights becomes the default, and settled areas of law become uncertain and contested, as the Chair of the Justice Committee has rightly pointed out. I am sure that other Members’ inboxes will have been inundated, as mine has, with emails from constituents who are outraged at the whole suite of vital protections that could now be struck down by this Conservative Government —I dare say that the Prime Minister was right to say that trust is not there, because, boy, do they not trust this Government, and nor do I.

Environmental protection is top of my constituents’ list of concerns—I remind the Prime Minister that we are also in a climate crisis, as well as an economic one. The RSPB has described the potential revocation of environmental laws in the Department for Environment, Food and Rural Affairs policy space as “an attack on nature” and has expressed particular concern about the regulation of air and water quality, and the prevention of pollution. Ruth Chambers, a senior fellow at Greener UK, a coalition of conservation groups, has said that the Government are

“hurtling towards a deregulatory free-for-all where vital environmental protections are ripped up and public health is put at risk.”

The approach to employment law is the same, as others have said. A host of rights, such as holiday pay and agency workers’ rights, face being downgraded or eliminated. The Institute for Public Policy Research has said that the cliff edge would create

“extraordinary uncertainty for businesses and workers”,

and the same is true in many different areas: justice, data protection, protections for consumers, and a whole host of others.

It is clear that this Bill is simply not fit for purpose. It is a Tory vanity project, replaying and harking back to an old record, played in happier times, and designed, frankly, to keep their fanatical right from their door. All of this will, in return, result in chaos, confusion and yet more consternation for our constituents and all those businesses, which deserve so much better. It will therefore surprise no one to hear that I and the Liberal Democrats will act in the national interest tonight by opposing this reckless Bill.

Retained EU Law (Revocation and Reform) Bill

Layla Moran Excerpts

Consideration of Lords amendments
Wednesday 24th May 2023 Commons Chamber

[Mr Rees-Mogg]

My right hon. Friend is right. That is what the Bill did until it was gutted and the key part of it was removed so that the basis is now to retain a law unless it is specifically removed, rather than removing it unless it is specifically retained.

Unfortunately that approach is getting worse. In October we will apply rules on goods coming into this country from the EU that are safe, adding costs to consumers in an inflationary era, which is what these regulations continually do. The fundamental problem—the suspicion that we can see people beginning to think about—is that of the 587 rules that are being repealed, hardly a single one changes alignment with the European Union. Is there, hidden away in the bowels of Government, some decision that we will in fact remain aligned with the European Union, possibly because of the Windsor protocol? Otherwise, why are we not repealing all those strange and unimportant things? Apparently we cannot get a dog bone from a butcher because of EU rules. Why has that not gone? Why have we not been allowed to bring back imperial measures, which have been promised for years? They are not the biggest reward of Brexit, but why are we doing these little bits and pieces in the 587 that are there? Why are we not making the changes that would have made our wine industry more successful and economic?

Unfortunately, the Bill is a great lost opportunity. The reason—the excuse—given is not that it is impossible or that we do not want supply-side reforms but the inertia of officialdom. Whether that is ministerial inertia or other inertia, it is ultimately the politicians who must take the responsibility. I am afraid that a lot of responsibility has been abdicated in these amendments.

[Layla Moran (Oxford West and Abingdon) (LD)]

It is a pleasure to follow the right hon. Member for North East Somerset (Mr Rees-Mogg). We agree on nothing but he makes his points very well. It is a help as I will be able to tell my constituents that, in front of the architect of the Bill, I made the case for why the approach was entirely wrong, and I shall do so. His speech reminds us that it was the plan all along to make food standards poorer, to attack the environment—not only to build houses, as in his case, but for other reasons too. At the time, the Government said, “Oh no, we’ll never make standards poorer”. Released from his ministerial role, however, the right hon. Gentleman is clear about the things that he wanted to do. Why on earth, he asks, do we not want to change alignment? The reason is that it is bad for the economy, and I will focus on that in my response to the amendments.

I disagree with the motion to dismiss Lords amendments 15 and 42. I agree with the statements made on Lords amendments 1 and 6. There was a useful exchange earlier in which Members clarified the specifics of the amendment tabled by Lord Hope. On the principle of taking back control, the Minister said that we had taken back control, but that begs the question: who does “we” refer to? That is still one of the biggest reasons why a huge number of my constituents care about the Bill.

It is worth reminding ourselves that Second Reading fell on the first day of the current Prime Minister’s premiership, the day when he promised to govern with “integrity, professionalism and accountability.” It is fair to say that promise has been utterly broken, especially given the behaviour of some of his Cabinet colleagues. He also promised to review and repeal all EU law within his first 100 days and, with the completely gutted Bill before us, we see that promise has been broken, too. It is a completely different Bill and a different proposition from how it began. Some of us are happy about that, and some are not, but I am pleased that it is a different approach.

When the Bill was first introduced, I and others felt it was ideologically driven, particularly the cliff-edge provisions that would have ended up in chaos. I said at the time that the provisions were “corrosive” and “unnecessary”. What we need now, above all else—post-pandemic and amid the war in Ukraine and the cost of living crisis—is calm. Members have spoken about throwing the baby out with the bathwater, which is exactly what this Bill would have done. It would have been a chaotic slash-and-burn approach, and I am pleased the Government have come to their senses.

I thank my Liberal Democrat colleagues in the other place for their work. Their exposure of the Bill’s potential damage through the reams of amendments they tabled has effected change. In particular, the Government have rightly made an amendment to eliminate the cliff edge for thousands of laws, to many of which we did not know whether the Bill would apply, which I have always found hugely bizarre.

I would hope that every Member in the Chamber believes in securing vital standards on, for example, sewage, although I find myself questioning whether every Member, indeed, does. It beggars belief that those standards were ever under threat, not least because of the result of the local elections, which were fought on such issues.

In introducing this Bill, what exactly was the Government’s problem with the Bathing Water Regulations 2013 and the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017, which never went far enough—we would have gone much further—but would have protected our hard-fought bathing water status in Oxford. The fact there had to be a fight, taking up so much parliamentary time, is one reason why we felt the Bill took entirely the wrong approach.

More than 400 constituents have written to me about the Bill, and they are rightly concerned about what it might still do—I will come to the “still” point in a moment—to workers’ rights and environmental protections. One constituent said:

“I don’t understand how the government can promise to improve our environment at the same time as setting out a law that could lead to basic protections getting weaker.”

I could not agree more.

The Berkshire, Buckinghamshire and Oxfordshire Wildlife Trust wrote to me about the Bill just this week and, although it welcomes, as we all do, some of the concessions that have been made, it is still concerned:

“We are in a nature and climate emergency. It is essential that the current level of legal protection is upheld and not weakened.”

There is still more work to do, and these Lords amendments, which the Liberal Democrats support, go some way to achieve that. Although many crucial standards and safeguards have been saved, thanks to the Government’s U-turn, the truth is that the Bill will hand Ministers, not Parliament, the power to meddle with them at a later date via secondary legislation, which means we need to remain vigilant on workers’ rights, sewage and the natural environment.

Should the next election result in anywhere near what the polls suggest, with the shoe ending up on the other foot, would Conservative Members trust the next Government always to get it right? Casting no aspersions, I do not, because I believe in parliamentary democracy. Even ideas with which I might agree benefit from scrutiny, a bit of prodding and other people’s experience, not least the experience of our constituents. That is why we support Lords amendment 42, which would ensure that if Ministers want to make changes to law in the future, a Joint Committee would be involved. I have heard those who have said that that is not the right mechanism, but do they disagree with the principle I have just put forward? If that is not the right mechanism, what is? I ask them to find one. We need a mechanism by which this House can bring our experience and scrutiny to bear, and, unfortunately, if it is not just a Joint Committee, it simply does not exist.

The Liberal Democrats also support Lords amendment 15, which provides a double lock on regulations that protect the environment or ensure our food is safe. It was put forward by my constituent Lord Krebs of Wytham, an eminent Cross Bencher who was the first chairman of the British Food Standards Agency. He will have constructed this provision thoughtfully and knowledgeably. For those regulations that will not be scrapped by the Bill, the amendment will ensure that Ministers cannot meddle with them in any way to lower standards. At the Dispatch Box, they consistently say—

[Alex Sobel (Leeds North West) (Lab/Co-op)]

I served on the Bill Committee. The hon. Lady referred to the Bathing Water Regulations, a set of environmental regulations from which the right hon. Member for South West Norfolk (Elizabeth Truss), then a DEFRA Minister, tried to get an exemption for the UK. The talk from Conservative Members about these things being a “floor” needs to be carefully scrutinised. I agree that we need to legislate. In the Bill Committee, there was a refusal to accept our proposals, which is why we need to ensure that the amendment is in place, especially with the sunset provision moved.

[Layla Moran]

I thank the hon. Gentleman for that intervention and I entirely agree with the point he makes. I understand the point that some of the regulations need to fall away as they are technocratic, but the ones I am referring to are not those and yet they are getting caught up in the approach that the Bill takes. This is just not good law, so I urge Government Members to stand up for our environment and food standards, and reject the Government’s attempts to remove the amendment. Without it, the mechanism for us, as Back Benchers, to be able to influence a Government—it could be a Labour Government or something else, but it does not matter—is not there. We need to have it. Some 600 laws are still scheduled for revocation at the end of the year, without any specific deliberation or input from Parliament. The Bill still grants significant powers to Ministers to rewrite any item of retained EU law, including those now exempt from the sunset. Provisions that would create considerable legal uncertainty also remain.

Even though the total number of laws being revoked has fallen significantly, I continue to put forward the idea that this Bill remains a gross abuse of Executive power. Parliament is the seat of our democracy. Parliament should have its say, and I urge the Government, through these amendments, to consider their entire approach and put Parliament in charge. When they said they would take back control, I am sorry but I do not think they meant themselves.

[Several hon. Members rose—]