European Union (Withdrawal) Bill

Lord Bishop of Leeds Excerpts

Report: 4th sitting (Hansard): House of Lords
Monday 30th April 2018 Lords Chamber

[Lord Mackay of Clashfern (Con)]

My Lords, it had not been my intention to take part in this debate because I read in the newspapers a forecast of what the result would be. That suggests that, for most of your Lordships, the decision has already been taken. However, having listened to the debate so far, I thought it was right for me to say a word or two.

I have never been a Member of the House of Commons, but by the constitutional arrangements that then existed I was given a very senior position in Her Majesty’s Government, which lasted for almost 10 years. One of my fundamental approaches to the matter of discharging that office was to respect the views of Members of the House of Commons who were members of the Government. There are colleagues of mine here who know in practical terms that that was so. On the other hand, it was always possible to suggest ways in which their policy could be implemented with less danger to the community than otherwise might have happened.

I had the privilege of nominating my noble friend Lord Hailsham to be a silk. Her Majesty the Queen graciously accepted that nomination. But I did not have the opportunity to exercise power that would have enabled him to have the title “learned” in this House. That does not in any way derogate from the force of what he had to say except that, from my point of view, it is arrogant in the extreme for Members of the House of Lords, together or otherwise, to tell the House of Commons what to do.

I learned in the course of my experience as Lord Chancellor that it was very wise for Members of the House of Commons to be given what they wanted so far as possible. I am sorry to say that my colleague, the lady Speaker at that time in the House of Commons, is not in her place, but I remember that in relation to arrangements for things in which we were both involved it was universal that her wishes were implemented. There is an arrogance in our House telling the House of Commons how to go about its business. I agree entirely with what the noble Lords, Lord Grocott and Lord Howarth, said about that. As I said, I had not intended to speak, but I feel that this House needs to think about its attitude to the powers and discretion of the House of Commons.

[The Lord Bishop of Leeds]

My Lords, I find myself torn between pragmatism and principle—the principle of parliamentary democracy and upholding and preserving the constitution; and on pragmatic terms, the ability the Government need to manage the process we are in. But I keep hearing in this debate the language of “telling the House of Commons what to do”. Call me ignorant, but I did not think that that was what we were doing. I thought the role of the House of Lords was to scrutinise, improve and ask the Government to think again. That is what we are called to do and that is where the principle applies. Then it is up to the House of Commons and the Government to decide what they do with the arguments put forward from this place. Not to do that is to deny the appropriate role of this House in doing its job.

[Lord Spicer (Con)]

My Lords, if this amendment is passed, this day, 30 April, should be called hypocrisy day because the overt objective is the opposite of the covert objective. The overt objective is apparently to give greater powers and a greater say to Parliament. The covert objective, as the noble Lord, Lord Grocott, said, will be to do the opposite. If one wanted examples or specific reasons why one says that, we need only look at the Factortame case a few years ago, when Parliament was clear that it wanted its way on a European shipping matter, and our courts eventually came down in favour of the European Court having the final say. There is no question but that if we stay in the European Union, Parliament will be one of the worst sufferers.

The acquis communautaire is another example. It is the basis of what the European Court does and is entirely to do with the centralisation of power away from national institutions and organisations such as Parliament. The proposers of this amendment may argue that they are in some way strengthening Parliament, but exactly the opposite would happen in the end.

--- Later in debate ---

[Baroness Howe of Idlicote (CB)]

My Lords, I support the amendment in the names of the noble Baroness, Lady Massey, and other noble Lords. I want to concentrate on the area of online child protection because, as some noble Lords may know, I have followed this subject over the years and the EU has had an important responsibility for it. Child sexual abuse online affects children of all ages and backgrounds and is now perhaps the biggest challenge to our child protection authorities. A recent report by the NSPCC revealed that, in 2015-16, the number of police-recorded offences relating to indecent images increased by 64% in England, 50% in Wales, 71% in Northern Ireland and 7% in Scotland. In 2016, the Internet Watch Foundation identified over 57,000 URLs containing child sexual abuse images and in its most recent annual report found that two-thirds of child abuse content online is hosted in Europe.

Methods of engaging illicitly with children online are ever more technically sophisticated, and are perpetrated by extensive, highly organised cross-border criminal networks. While child protection is a devolved matter and each of the four nations of the UK has its own guidelines and definitions, it is an issue that can be effectively addressed only through strong cross-national co-ordination and collaboration. The EU has developed a harmonised legal response and facilitated cross-border co-operation to tackle this. In particular, the EU sexual exploitation directive introduced clear minimum standards for sanctions and measures to prevent abuse, combat impunity and protect victims. It includes provision for co-operation with Europol, supports constructive dialogue between member states and industry, and adapts criminal law to account for technological developments.

Many of these provisions have now been incorporated into UK domestic law, but legal responses are only part of the solution. We need continued investment in educational and technical resources and to be able to gather data and other forms of intelligence from the investigative authorities abroad. Maintaining co-operation with EU policing and criminal justice agencies and mechanisms is the best way to achieve this. We must not forget that the UK has played a significant and leading role in EU cross-border agencies, sharing our expertise and learning from others. As Peers will know, the outgoing head of Europol is British. My fear is that we may lose influence in these agencies. We have a lot to contribute to make sure that those agencies and mechanisms work effectively to keep children safe, not just in the UK but across Europe. Will the Minister tell the House how she plans to ensure that the UK will continue to use our considerable expertise to help shape EU policing and criminal justice agencies?

Online abuse comes in other forms too, including the widespread manipulation of children through exploitative online advertising, and the use and abuse of children’s personal data without their knowledge or understanding. Such practices affect children in potentially more profound ways than adults, and can significantly compound their vulnerabilities as they progress into adulthood. A strong commitment to a broader framework for children’s human rights, that promotes the rights and interests of children over and above those of commercial operators, is surely the best way of addressing this and other forms of online exploitation of children.

[The Lord Bishop of Leeds]

My Lords, I briefly add my support for this amendment. It seems that much of the debate about EU withdrawal has been about economics, deals and trade, and we cannot speak of children in terms of deals or trade. Some of the most vulnerable people on our continent are children. Perhaps the most important thing is that they are the future as well as the present, and they will not forget how they have been seen and how they are regarded. So I strongly endorse the statement made by the noble Baroness earlier that children are people, not a project. I support the amendment.

[Baroness Sherlock (Lab)]

My Lords, this has been an important short debate. I congratulate my noble friend Lady Massey of Darwen on the way she introduced it and on her ongoing battle to protect the rights of our children, and I expect to hear much more from her on that many times in the future.

As we have heard today, at EU level a number of key legislative mechanisms work in conjunction with each other to ensure that children’s rights are protected when EU law and policy is being developed, applied and interpreted: the ECHR, the EU charter and, crucially, the UN Convention on the Rights of the Child. As we have heard, the key issue is that measures enacted at EU level, whether or not they directly target children, are interpreted and applied by member states in a manner that is consistent with international children’s rights standards. It is the loss of that that so many people inside and outside Parliament are concerned about. The inadequacy of domestic legislation in doing that job has been articulated so well by my noble friends Lady Massey and Lady Lister, the noble and learned Baroness, Lady Butler-Sloss, the noble Lord, Lord Storey, and the noble Baroness, Lady Meacher. The case is compelling.

This amendment would go some way to try to rectify that by ensuring that Ministers cannot make regulations under the relevant section of the Bill without reference to the parts of the UNCRC ratified by the UK. The Government would therefore have to commit to Parliament that they would give due consideration to Part 1 of the convention before using powers transferred from the EU, and, crucially, they would have to set out an audit of how children’s rights will continue to be protected in the UK after exit day. The importance of an audit and an impact assessment—a point made by the noble Earl, Lord Dundee—cannot be understated. Or do I mean overstated?

We all share the same goal: that we should create and maintain a society in which all children are valued, safe and able to flourish. The right reverend Prelate the Bishop of Leeds made that point clearly: children are people and are our future as well as our present. But as a society we have learned slowly that the risks to children’s safety are not always obvious, nor is it always obvious which are the actions that can pay positive dividends in helping them to flourish. If we do not intentionally look at the implications of generic actions for children, there will be unintended consequences. My noble friend Lady Massey gave some good and powerful examples of that, and the noble Baroness, Lady Meacher, gave a good case of how international law has to be used to defend those rights. It is crucial that we retain appropriate mechanisms for ensuring that due regard is paid to children’s rights when policy and law are being developed.

The Minister will have heard the concerns expressed from around the House and that the Government’s previous reassurances have not served to reassure Members or key people outside. I have two simple questions for the Minister. Does she understand why people are so concerned about what will happen to the status of children’s rights in the UK after Brexit? If so, what will the Government do to ensure that, as the Bill brings EU legislation into domestic law and transfers powers from the EU to Westminster, fundamental rights for children are not weakened in the process, either deliberately or accidentally? I look forward to her reply.