European Union (Withdrawal) Bill

Lord Liddle Excerpts

Committee: 3rd sitting (Hansard): House of Lords
Wednesday 28th February 2018 Lords Chamber

[Lord Lea of Crondall (Lab)]

My Lords, perhaps I might check that, in interpreting the clause as it now stands, it is not possible for there to be a freeze on implementation by a particular exit day, whereby Ministers can cherry-pick the pieces of legislation they want to take through. That was not the intention. Can the Minister comment on that possible consequence of the exit date?

[Lord Liddle (Lab)]

My Lords, for many of us, this is a seminar and we are hoping to learn quite a lot from noble and learned Lords in the course of the Committee proceedings. We are dealing with areas that certainly I have very little grip on. Perhaps I may probe the relationship between this issue and the transition agreement being negotiated in Brussels at the moment, because I do not understand it. As I understand the transition agreement, presumably we will commit to bringing these admirable pieces of legislation that the noble Baroness, Lady McIntosh, has referred to into our law. If the transition agreement requires that, does that mean that everything passed during the transition period will acquire the status that it would have had on 29 March 2019 and will all become retained law? How does the Bill deal with that point and the relationship to the transition agreement? I am sorry if this is all very ignorant but it seems to be a very relevant point.

--- Later in debate ---

[Lord Davies of Stamford]

My Lords, the support of the noble Lord, Lord Kirkhope, for the amendment will be welcome. It reflects what I have always thought was a considerable cross-party consensus in this country in favour of a reasonable amount of regulation. Of course there are fanatics. Professor Minford is a very good example of an intelligent man who believes if we got rid of all regulation it would be a very good thing, and he has made calculations of the economic benefits to the country if literally all regulations—health and safety, environment, consumer protection and employment protection and so on—were simply abolished. However, he is rightly regarded as a fanatic in his own profession and indeed in politics. There are a number of people on the right wing of the Conservative Party who have always been very close to that way of thinking, and it would be quite terrifying if the Government, under the camouflage of taking powers apparently needed to bring about Brexit, found themselves in possession of instruments that meant that without any real let or hindrance they could simply take an axe to the protective regulation that has emerged in this country over the decades.

All civilised countries have to have a reasonable amount of regulation in these fields or they very rapidly cease to be civilised. One of my great worries about leaving the EU is that we will probably end up with more regulation that in many cases will be much less rational: it will be the result of a campaign by the Daily Mail and weak Ministers giving in, saying, “Oh goodness, let them have what they want”, and regulating on this or that. There is a much greater chance of that happening when we are no longer part of a body of 28 countries that are forced to look at these issues in realistic terms and come to some agreement on the subject. That is very worrying.

[Lord Liddle]

Would my noble friend give way? I want to be helpful to his argument. He refers to Professor Minford and the cost of EU regulation. It is only by making the extreme assumption that all these regulations will be abolished that the tiny number of economic studies that demonstrate some growth benefit from Brexit are able to get to that number. Those studies are quoted very frequently from the Front Bench opposite as examples of the fact that some economists differ from the consensus, but in fact that difference depends on the assumption that we would scrap every single piece of EU social protection.

[Lord Inglewood (Con)]

My Lords—

[Lord Davies of Stamford]

I think that was an intervention. I gave way believing that it was.

[Lord Liddle]

It was to help my noble friend, yes.

[Lord Davies of Stamford]

I do not know whether or not to be pleased by that remark. It was very kind of my noble friend to want to help me but I do not know if I was in that much need of help at that moment. However, he has made a major contribution to the debate. He has pointed out something that all of us who were involved in the referendum campaign are well aware of: there were constant references by leave campaigners and the leaders of the leave campaign to the costs of the EU, but when you looked at the figures you found that they were based on the assumption that we would get rid of a whole raft of regulation—perhaps all regulation, as Professor Minford would like. However, very few people, if you put it to them, would want to live in a society in which there was no regulation in these areas. So there has been a great deal of dishonesty and obfuscation, not only in this area but in the whole European debate. In my view, that has not been a positive contribution to the ability of the British people to make an intelligent and well-informed decision. It is regrettable that some people have been prepared to be that cynical in this context.

To revert to the amendment and the clause before us, there is an extraordinary aspect to this: if the Government really do not have sinister intentions in this area—I cannot believe that they do; I do not actually think they intend to get rid of a whole raft of regulations, even in areas like employment protection, which we know the Conservatives particularly tend to dislike—why have they themselves not produced, in drafting the Bill or subsequent amendments, protections that would assure everyone that they had no such intentions? The amendment is a good one but it should not be necessary. It is most unfortunate that the Government have allowed the suspicion to be created that these regulations, which are fundamental to a civilised society, should be at risk. I look forward to hearing from the Minister that I am quite mistaken and the Government have no intention of using these powers in a deregulatory fashion but want only to use them functionally to assist in the transition to the post-Brexit era, and that they are prepared to accept the need to reassure the public that these powers cannot be misused and therefore will introduce some protections of their own, if they do not agree with this amendment, on Report.