European Union (Withdrawal) Bill

Lord Collins of Highbury Excerpts

Committee: 6th sitting (Hansard - continued): House of Lords
Monday 12th March 2018 Lords Chamber

Moved by

[Lord Collins of Highbury]

121: Clause 8, page 6, line 37, at end insert “, subject to the requirement in subsection (1A).
(1A) Within one month of the passing of this Act, a Minister of the Crown must publish an assessment of each of the international treaties, agreements and obligations that will require amendment or renegotiation as a result of the withdrawal of the United Kingdom from the EU. (1B) The report required under subsection (1A) must include an assessment of how the powers under this section may need to be used.(1C) A Minister of the Crown must lay the report under subsection (1A) before both Houses of Parliament.”

[Lord Collins of Highbury (Lab)]

My Lords, I start by thanking the Chief Whip for ensuring that so many noble Lords are in their places to hear my contribution. At one point I was slightly anxious that I would be speaking to an empty Chamber, so it cheers me up to see so many noble Lords here at this time. I am not worried about my own side; it is noble Lords opposite whom I want to hear and understand the issues.

I was going to say that I will be very brief, but I will not do so because I need to apologise for not speaking at Second Reading. However, this is not the first Brexit Bill. The Sanctions and Anti-Money Laundering Bill, which has passed through this House and is now in its Commons Committee stage, was the first, and it was that Bill which prompted me to consider this amendment to the European Union (Withdrawal) Bill. What we have heard in previous groups is that we are potentially seeing, rather than enhanced parliamentary sovereignty, what appears to be the biggest Executive power grab since the days of Henry VIII. That is why so many noble Lords are very concerned about the powers suggested to deal with the difficulties that Brexit will bring about.

The sanctions Bill was very important because most of its powers related to the 1972 Act. It was important that we ensured that we had a domestic legal framework in place to meet very important international obligations, particularly as a member of the United Nations. We made a number of improvements to that Bill, which are being considered by the other place. The noble and learned Lord, Lord Judge, described the sanctions Bill as a “bonanza of regulations”. While acknowledging that some of this was justifiable—I acknowledge that even in this Bill the regulations are required—it places on us an important obligation to ensure that there are sufficient safeguards and adequate parliamentary scrutiny to make the delegated powers constitutionally acceptable.

That is why I have tabled this amendment to Clause 8, which gives Ministers extensive delegated powers to introduce regulations that they consider appropriate to prevent, remedy or mitigate any breach of the UK’s international obligations as a result of Brexit. But that power is not restricted to modifying retained EU law, as it would not require Ministers to demonstrate why any changes are necessary. This is the important element of my amendment: while we heard from the noble Viscount, Lord Hailsham, that his amendments deal directly with delegated powers, mine focuses on the need for increased transparency on treaties and international obligations that may require changing post Brexit. When using such powers, Ministers should proceed with the fullest parliamentary scrutiny. We must be able to do our job effectively, and with proper transparency on the Government’s part we can ensure that this can be done.

I hope the Minister will not offer up the suggestion that the requirements and measures I am proposing will somehow be a barrier to negotiations. Of course they will not. They are about helping us do our job of scrutinising. They do not affect the negotiations; they affect how we do our job in our House.

In his group of amendments, the noble Viscount, Lord Hailsham, mentioned the risks of some of these powers being used. I recall in the sanctions Bill my noble and learned friend Lord Falconer saying that we would have to be extremely careful because, whatever Ministers tell us now, in either the Commons or the Lords, ultimately the Executive always reach for the Act of Parliament and see what that Act of Parliament allows—what is on the face of the Bill. That is why this added element of transparency will ensure that, in the future, we can do the job of scrutiny well and properly. I beg to move.

[Baroness Randerson]

My Lords, Amendment 138 is in my name. I will concentrate simply on the international treaties and agreements that relate to transport as an illustration of the complexity of the situation that we face. We are party to many hundreds of agreements as members of the EU that we will have to renegotiate as part of leaving the EU. There are other agreements that we will have to join because we cannot rely on EU arrangements.

To illustrate the complexity of the situation, in the field of transport it is estimated that the UK will have to renegotiate and replace 65 international transport agreements following Brexit. The Government’s preparedness for this is perhaps rather doubtful—the signs are not good so far. I give as an illustration the last-minute appearance of the Haulage Permits and Trailer Registration Bill, which was not in the Queen’s Speech as an EU Bill, which was sprung on us at very short notice and which is being rushed through with great speed because the Government have discovered that, in future, we will have to rely on the 1968 Vienna convention to transport goods abroad and to take trailers abroad. We will have to rely also on the 1949 Geneva convention to get international driving permits.

We are going back a very long time in history, so it is not surprising that it took the Government a while to wake up to this situation. As a result of the rush in which we are having to deal with this issue—we signed the Vienna convention but never ratified it; we have to give a year’s notice of ratification and are running out of time to do that—we are faced with a Bill which is not so much skeletal as almost a ghost. It is so insubstantial that it fades in front of our eyes. There is perhaps a slight chill surrounding it as well, because the Government give no indication of what they want to do with powers which they admit they would rather not have to seek—and all of this is in preparation for the possibility of a no deal Brexit.

This is no way to make legislation. However well prepared the Government are, there will be dozens of agreements to reconsider. I have raised in this House many times the issue of the single European sky, which was mentioned earlier this evening. It is not just an EU issue; it is crucial to our arrangements with the US as well. Transport-related agreements are only one corner of the problem and are simply an illustration of the complexity that the Government face.

--- Later in debate ---

[Baroness Goldie]

My Lords, I thank the noble Lord, Lord Collins, and the noble Baroness, Lady Randerson, for their amendments, which are effectively seeking transparency. The Department for Exiting the European Union is leading cross-government work, including with the Foreign and Commonwealth Office treaty section, to assess and act on the international agreements for which, as a result of the UK’s withdrawal from the EU, there will need to be arrangements to ensure continuity for business and individuals. Alongside this, we are also working with our international partners—the EU 27, the Commission and third countries—to identify the full range of agreements which may be impacted by our exit from the EU, and we will be taking their views into account.

I might observe to your Lordships that it is not common practice to publish assessments on treaties that have expired, ended or been superseded. However, I assure noble Lords that any treaties which require new or amended implementing legislation and/or parliamentary scrutiny before ratification will go through the appropriate well-established procedures. Where the powers in subsection (1) are used, these will be subject to the scrutiny procedures set out in this Bill. To set all this in context, my noble and learned friend Lord Mackay of Clashfern rightly identified that the instances where these provisions may be used are not likely to be plentiful. As I have explained, given that the Government’s approach to international agreements is to achieve continuity, I believe this renders unnecessary the impact assessment that the amendment would require.

I can confirm that we will, of course, continue publishing impact assessments to accompany legislation, in line with existing practice. I take this opportunity to remind the Committee of the Government’s overarching policy approach to international agreements after we leave the EU. As set out in the technical note recently published on this issue, we are seeking to ensure that our existing international agreements continue to apply to the UK during the proposed time-limited implementation period. Our officials are working with the Commission on the precise mechanics of this. The focus, both during the implementation period and beyond, is on seeking, wherever possible, to continue our current arrangements with third countries and international organisations. We recognise the need to promote stability for businesses and individuals and we will aim to transition agreements as seamlessly as possible to ensure an orderly withdrawal.

I hope that that background and this explanation provide the necessary clarity and with this insight, I respectfully ask the noble Lord to withdraw his amendment.

[Lord Collins of Highbury]

I thank the Minister for that explanation, but I fear that we will need to return to this issue. The noble and learned Lord may be right that there is limited scope, although I think we have heard in the debate that there are lots of examples. There are lots of conventions and agreements that, since our membership of the EU, we have had exemptions from because we are complying with EU law. But when we are outside the EU, we will find that we will need to ensure that we have the mechanism, so that those agreements and conventions are properly implemented. That is the issue.

Regarding the process we are going through on the Bill, at the end of the day—I hear what the noble Baroness, Lady Randerson, says—I do not really think that the people of this country understand exactly what will be required to ensure that Brexit is effective, or the sorts of agreements and international conventions that might affect them. I hope that the issue of transparency will be one not just of implementation but of ensuring that we all know and understand better the full implications of the decision that has been made. But in the light of the comments made, I beg leave to withdraw the amendment.

Amendment 121 withdrawn.