European Union (Withdrawal) Bill

Lord Bishop of Oxford Excerpts

2nd reading (Hansard - continued): House of Lords
Wednesday 31st January 2018 Lords Chamber

[Lord Harries of Pentregarth (CB)]

Before coming to the Bill itself, I must say something very briefly about where I come from in relation to it.

The overriding reality of our time is globalisation—the ability not only to move goods and manufacturing around the world and communicate across the globe in an instant, but to shift money at the press of a button. This is a world in which multinational corporations have unprecedented leverage and an international financial elite has extraordinary influence. In the past, a sovereign state could to some extent control the power of capital in the interests of the country as a whole. In a globalised world it is simply not possible for one nation on its own to do this. It is only through close co-operation with other countries and building shared institutions that we can build the kind of society we all want.

In his thoughtful and sombre speech, the noble Lord, Lord Hill of Oareford, said:

“Europe is already moving in directions that we have traditionally resisted”.—[Official Report, 30/1/18; col. 1389.]


In particular, he mentioned more screening of overseas investments. For some of us, that is one of the reasons why, in a globalised world, the European Union is of such crucial importance. However, the Bill is about much more than that. As the noble Lord, Lord Wallace of Saltaire, stressed, what about defence and security? What about the essential co-operation necessary in the struggle against terrorism, international crime and cyberattacks? For many of us, this issue is about a great deal more than markets. The European Union is not a guarantee of close co-operation in these areas, but it makes it much more likely. When will we hear about these issues and how they will be achieved if we leave the Union?

Closely linked with the concept of co-operation is the notion of drawing on a larger perspective and a wider wisdom. This country is not the sole repository of wisdom. Here, I turn to the Bill before us, and in particular to the fact that in the transfer of European law into UK law there is no mention of the Charter of Fundamental Rights. The Government have repeated their claim that all the rights safeguarded by the charter are in fact contained in individual laws and that it is not therefore necessary to include it. However, the Joint Committee on Human Rights has done a detailed clause-by-clause analysis of the issue and shown that this is simply not the case. It points out:

“Firstly, some of the rights will inevitably be lost as they derive from membership of the EU … Secondly, Charter rights which are based wholly or largely on ‘general principles of EU law’ will no longer confer an enforceable right. This means a loss of enforceable rights such as Article 1 (human dignity) … Thirdly, a number of the Charter rights derive from the European Convention on Human Rights (ECHR) which are incorporated into domestic law by virtue of the Human Rights Act … Whilst these rights will continue to exist and confer an enforceable right on individuals, the standing is narrower and the remedies are weaker under the HRA compared to the Charter … Fourthly, some of the Charter rights may be reflected in domestic statutes, but may not be as comprehensive as the Charter … for example, the rights to data protection in the Data Protection Bill … Fifthly, some of the Charter rights that are based on EU treaties may be retained by virtue of Clause 4 of the Bill if they are directly effective, but it is not always clear whether these provisions are directly effective. The Government itself appears unsure … Sixthly, some of the Charter rights are based wholly or in part on provisions of the ECHR or other international treaties that have not been incorporated into domestic law, such as the UN Convention on the Rights of the Child”.


Liberty and Amnesty International agree with this analysis. They point out, for example, an issue that is of interest to some of us in your Lordships’ House: that Article 25, on the rights of the elderly and the right of older people to lead a life of dignity and independence and participate in social and cultural life, will be lost. This right is unique and has no equivalent under the ECHR or any justiciable international treaty or convention to which the UK is a party.

I was a Member of your Lordships’ House when the ECHR was incorporated into UK law. I cannot help wondering if the opposition to this that came from some quarters at that time has become refocused to exclude the Charter of Fundamental Rights from this transfer of European Law. I believe that we need it. It acts as a benchmark—an interpretive principle in the light of which human rights as a whole have to be seen and understood. Without it, as the JCR has shown, we are losing rights and remedies that we now enjoy. As the right honourable Kenneth Clarke questioned in the other place, why has the charter been singled out,

“uniquely among all other … law”,

not to be saved in domestic law? He asked,

“what evil it has done, what danger they think we are being protected from by its repeal”.—[Official Report, Commons, 16/1/18; col. 759.]

That question has yet to be answered.