Parliamentary Scrutiny of Leaving the EU

Mark Durkan Excerpts

Wednesday 12th October 2016 Commons Chamber

[Mark Durkan (Foyle) (SDLP)]

When we debated the Bill that is now the Psychoactive Substances Act 2016, Brexit was not listed as a mind-altering substance, but it clearly is, given that it has completely transformed the view and changed the character of the Secretary of State and many of his colleagues in relation to the primacy of Parliament and his disdain for, or concern about, the use of the royal prerogative.

Today the Secretary of State was at the Dispatch Box yet again. We were told by the Prime Minister that there would be no running commentary on these negotiations, and that is supposedly the risk posed by the motion. The fact is, however, that we are being treated again and again to what sounds almost like a schoolboy vocalising his own fantasy commentary as he dribbles around the Dispatch Box.

We as a Parliament have the right and the duty to ensure that we best consider how these matters are dealt with. We now have a Government who are surprised to be the Government, following a Government who were also surprised by the result. The idea seems to be that Parliament has no role whatsoever, and can entrust these matters entirely to the royal prerogative and the three egos—for they are certainly not three amigos—who are meant to be leading the process. That constitutes a request for us to commit a dereliction of duty.

Like other Members, I am open about the fact that I voted remain. I am glad to report that my constituency voted overwhelmingly to remain, by over 78%, as did the people of Northern Ireland, by over 56%. Northern Ireland is a place where many of us have worked hard for many years to establish the principle of consent as the basis for our working institutions; I shall say more about that shortly. Can the Government not see, however, that allowing better parliamentary input, and even allowing a vote before the triggering of article 50, may give them an opportunity to maximise confidence in the way that things are being handled, and to answer the criticisms that they will meet from members of other Governments, the European Commission and the European Parliament, who will have their own commentaries on how the referendum was conducted and what it means? If they were able to say that their negotiating position had been approved by this Parliament, it would be strengthened rather than weakened.

Let us remember that even today the Secretary of State listed a whole number of sectors and interest groups that have real worries, and we know that many of those worries relate to free movement, the single market, funding and research collaboration. We cannot just say to all those people, “We’ll find out after the break.” We need to answer their questions, and we in Parliament need to ask the questions as well. The great repeal Bill will not satisfy them. After all, others have called it the great entrenchment Bill and the great incorporation, but it is really the great download and save Bill. We will simply be downloading and saving all the existing European law, but there will of course be a power to delete. The key question will be: who has that power? Will changes and amendments have to be put through Parliament in primary legislation, or will Ministers use their powers to make the changes by order? There could be a fit of ministerial joyriding as they go around doing their damage, or, to put it more currently, they might run through a whole list of European legal protections relating to the environment and workers’ rights like clowns with chainsaws. We cannot subscribe to the Government’s outrageous arrogance as they say, “It’s okay, we’ll use the royal prerogative for now, but there will be true parliamentary accountability and control after that.”

With regard to the Good Friday agreement, the Government need to stop going on about the question of a hard or soft border and about consulting the Executive. They need to tell us whether the provisions in annex A of the Good Friday agreement relating to the opportunity for a united Ireland and the provisions in schedule 1 of the Northern Ireland Act 1998 will specifically be written into a UK-EU treaty, because they will have to be.