European Union (Withdrawal) Bill

Lord Kirkhope of Harrogate Excerpts

Report: 1st sitting: House of Lords
Wednesday 18th April 2018 Lords Chamber

[Lord Warner (CB)]

My Lords, I rise as a co-signatory to this amendment briefly to support what the noble Baroness, Lady Hayter, said. In Committee, she gave an extensive explanation and justification for this amendment. She has done so again today, and I shall not repeat those arguments.

The two words I want to emphasise are “vulnerable” and “future-proofing”. The areas covered in this amendment are particularly vulnerable to backsliding from the existing situation, which has often been hard won over many years. That is why they have been singled out for enhanced protection in this amendment.

The second word is “future-proofing”—there is a hyphen in there, so it is a second word. The worry is not about the position just after Brexit. This amendment is about ensuring that these rights and protections cannot be tampered with in future by the casual use of statutory instruments. For me, it is the way that the Government have gone about the Brexit process and the mood of reluctance to be transparent that have led so many people to distrust their intentions. That is why we have so many amendments like this down on Report.

When I was a boy, my dad used to take me to see the Lord Mayor’s show. I was always fascinated by the man at the back of the parade with his broom and pan sweeping up the horses’ droppings. On this Bill, I sometimes feel that your Lordships’ House is having to emulate that gentleman a little too often.

[Lord Kirkhope of Harrogate (Con)]

My Lords, as one of the signatories to this amendment and, indeed, a signatory to the previous amendment in Committee, I want to make a very short intervention in support.

I realise that we must look at this in the context of the overall position of retained law, and I know that the Minister has written to us and that at a later stage on Report—on Amendment 26—he will deal with the general question of the status of retained law and will deal with subordinate legislation on Schedule 8. Like the Minister, for many years I was engaged in the process of drafting some of these things in Europe. These matters have been picked because they are particularly important within the context of the protection that has been afforded to them under European law until the point at which this country leaves the European Union. They are sensitive areas. The one that I feel most interested in is environmental standards and protection. It is important that they are given some separate consideration. I entirely agree with what the noble Baroness said because they are also politically sensitive to the extent that, without some form of protection, they are very much at risk. Indeed, I would go further and say that, without some of these protections, maintaining the same characteristics and having that protection in our negotiations on our future relationship with the European Union would be at a severe disadvantage were these matters to be threatened or to look as if they were about to be threatened. It is therefore all the more important that we have a special approach to them.

The last time we raised this matter, in Committee, I received a very interesting response, as we all did. It was essentially very legalistic and referred to issues of hybrid approaches and so on. I know hybrid is the in word at the moment in relation to other things, but so far as I can see, the Government have not come forward with any particular approach which would satisfy those of us who are concerned about these matters. I am therefore looking forward with great interest to hearing my noble friend’s response to see whether the Government will perhaps understand the concerns and react to them in a positive way.

[Baroness Smith of Newnham (LD)]

My Lords, I am one of the signatories to this amendment. As other noble Lords have said, it is about protection and future-proofing. I was initially going to say that the noble Baroness, Lady Hayter, had said it all and perhaps I did not need to rise, but I want to support the point that Amendment 11A from the noble Lord, Lord Low of Dalston, makes: that human rights protection is clearly also important.

I reassure the noble Baroness, Lady Oppenheim-Barnes, that this is not about saying EU legislation has to be enshrined in UK law in perpetuity entirely unchanged. The amendment says there are certain aspects of EU law that we believe are hugely important and it should not be possible simply to amend them by statutory instrument, nor for Ministers to engage in any sort of casuistry to change them. If Parliament wished to amend the legislation then it would be possible, but it would be subject to very strict guidance about the approach that it took. Surely the amendment would allow Parliament to take back control but also ensure that the protections we currently enjoy as part of the EU would be retained.