UK’s Exit from the European Union

Debate between Leo Docherty and Stella Creasy

Monday 24th April 2023 Westminster Hall

[The Parliamentary Under-Secretary of State for Foreign, Commonwealth and Development Affairs (Leo Docherty)]

It is a pleasure to serve under your chairmanship, Mr Dowd. I am grateful to the hon. Member for Linlithgow and East Falkirk (Martyn Day) for presenting this debate, and to all right hon. and hon. Members for their contributions. It has been an interesting and thought-provoking debate, and I will seek to cover the main points raised.

The UK and the EU are still hugely important allies. We are trading partners and old friends. We have left the European Union but not Europe. We want our friends to thrive, and I know—from my personal visits and many ministerial visits—that they wish the same for us. We must respect the democratic decision of our own people. The UK’s departure from the EU was a result, as has been described today, of a democratic choice by people across the nation to restore our sovereignty; and I pay tribute to the eloquent speech made by my hon. Friend the Member for Gravesham (Adam Holloway).

In 2015 the Government were elected with a mandate to hold a referendum. In that referendum, the British public voted to leave the EU. We must remember that the Government have since been re-elected twice with a clear mandate to pass the necessary legislation to leave the EU and negotiate a trade agreement. The resounding endorsement of that proposition in 2019, with a significant majority, is a case in point.

Parliament approved the withdrawal agreement—the terms for the UK’s withdrawal from the EU—in January 2020 and the trade and co-operation agreement in December of the same year. The Government’s policies on our new relationship with the EU are therefore subject to robust parliamentary scrutiny. We have agreed arrangements with the European Scrutiny Committee, the European Affairs Committee and the Protocol on Ireland/Northern Ireland Sub-Committee. We have regular and extensive correspondence with those Committees, with which I am personally familiar. Under the terms of the arrangement, Ministers must regularly appear before them. Indeed, I appeared before the European Affairs Committee on 7 March, and the Foreign Secretary will appear before the Protocol on Ireland/Northern Ireland Sub-Committee on 10 May.

Of course, we are grateful to those Committees for their ongoing scrutiny. Both the European Scrutiny Committee and the European Affairs Committee are holding inquiries into the new UK-EU relationship, to which the Government have provided evidence that can be read online. The inquiries will be published in due course. For all those reasons, the Government do not believe that it would be appropriate to hold an inquiry into the impact of Brexit.

Let me dwell on the theme of seizing the opportunities of Brexit, which has been raised this afternoon. Restoring our sovereignty was just the start of what the British public voted for in the referendum. Britain left the EU to do things differently and make our own laws, but this was not just political theory: our laws and tax framework and the way we spend our money all make a real difference to people’s lives. The Government are committed to capitalising on the opportunities of Brexit, which is why we intend to end retained EU law as a legal category by December 2023, which will ensure that the UK’s rules and regulations best serve the interests of our country as a whole and support workers and businesses to build a thriving economy.

[Stella Creasy]

The Minister talks very passionately about parliamentary sovereignty and raises the Retained EU Law (Revocation and Reform) Bill. Whatever the whys and wherefores of how we thought the European Union listened to the UK public through its democratic processes, can the Minister explain how transferring direct power over 5,000 areas of legislation not to this place but to Ministers through the use of statutory instruments—or Henry VIII powers, as we might call them—is taking back control? I see the opposition to those measures from those who supported Brexit in the other place or this place. It does not look to me like this did what it said on the side of the bus.

[Leo Docherty]

The Retained EU Law (Revocation and Reform) Bill will be yet another expression of our renewed democratic sovereignty. The hon. Lady’s constituents should be reassured by that, because colleagues in this House will decide which laws stand, which are absorbed and which are repealed. The hon. Lady should be reassured by this more direct expression of our democratic sovereignty.

A range of major reforms are therefore already under way, including to data protection, artificial intelligence and life sciences regimes. We are capitalising on our new-found freedoms outside the EU to attract investment, drive innovation and boost growth and recently announced the Edinburgh reforms to drive growth and competitiveness in the financial services sector. However, laws will not be abolished for the sake of it. We will not jeopardise our strong record on workers’ rights, for example, which is among the best in the world, nor will we roll back maternity rights or threaten the high environmental standards we maintain.

Turning to trade, it is worth remembering that the trade and co-operation agreement agreed in 2020 is the world’s largest zero-tariff, zero-quota deal. It is the first time the EU has ever agreed access like this in a free trade agreement. The TCA also guards the rights of both the EU and the UK to determine their own policies while not regressing in ways that affect trade between the two sides. The UK remains committed to being a global leader in those areas.

As the Office for National Statistics has previously noted, there are a number of factors beyond Brexit that have influenced global trading patterns, including the war in Ukraine, most recently, global economic forces and continued strain on supply chains. Despite this, we must remember that the UK remains an attractive place to invest and grow a business as a low-tax, high-skilled economy.

Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2022

Debate between Leo Docherty and Stella Creasy

Tuesday 11th October 2022 General Committees

[Stella Creasy]

That is helpful to hear. Will the Minister clarify something? New section 49A, for example, mentions “any police officer”, “any local authority” and “any other person exercising functions of a public nature”.

Will he clarify what level, and will there be training provided? It is quite a big request to make of a police constable to share information. Equally, this will clearly be tested because it comes across other disclosure rules. For example, there are clear guidelines about supervising officers, which do not seem to be in this legislation. What protection will there be for a police constable, for example, maybe from prosecution or censure under general data protection regulation, without clarity as to who makes the decision on what information can be disclosed, and if it is a permissive, rather than mandatory, requirement?

[Leo Docherty]

I think it is the other way around and that this will actually afford greater protection because it will make things clearer and ensure that there is no risk of GDPR being used so that a certain individual finds themselves in a regrettable circumstance. I think it will clarify. Under this legislation, the public authorities that are exposed to these sorts of issues will be required to conduct that sort of training, and they will be responsible, as we would expect.

The hon. Lady then went on to a mischievous digression, because she sought to use the unfortunate inclusion of inaccurate acronyms as a means of shaking our confidence in not just this legislation but other new legislation as we tidy up our statute following our exit from the EU. I can say that there is no duck soup in this legislation or any other. Clearly drafting errors happen in legislation; it is the way that the world works, unfortunately, but we are, as parliamentarians, amenable and available to redraft and improve, as we are doing this afternoon. Therefore, in answer to the hon. Lady’s question, yes, I am confident not only that this piece of legislation is correct and in good order, but that the vast body of legislation that will flow from our leaving the EU will also be similarly effective and accurate. On that note, I again commend the instrument to the Committee.

Question put and agreed to.

Resolved,

That the Committee has considered the Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2022 (SI. 2022, No. 818).