European Union (Withdrawal) Bill

Debate between Matthew Pennycook and Desmond Swayne

Committee: 7th sitting: House of Commons
Wednesday 13th December 2017 Commons Chamber

[Sir Desmond Swayne]

Swansea West. The hon. Member for Nottingham East said that he did not believe that people should not have an opportunity to revisit their decision, and that they have a perfect right to change their mind—I accept that. I am not in favour of some sort of African democracy of one man, one vote, once. People perfectly rightly have an opportunity to do that, but if there was one thing on which both sides in the referendum campaign were agreed it was on the importance of the vote that took place on 23 June 2016. He has every right to campaign for a second referendum, and I am glad that he has made it explicit this evening in advocating for his amendment that that is the real agenda. The purpose is to delay for long enough for something to turn up. An essential ingredient of giving time for something to turn up so that people will change their minds is delay, and that is what the process of all today’s amendments has, in essence, been about.

[Matthew Pennycook]

I am not sure how to follow both of those contributions, but hon. Members may be relieved to know that I am going to make a brief one as I rise to speak to amendment 26, which seeks to change clause 8. I will focus on two specific points, the first being the purpose of clause 8 and the second being its scope.

The purpose of the clause, as set out in the Bill’s explanatory notes, is to give

“ministers of the Crown the power to make secondary legislation to enable continued compliance with the UK’s international obligations by preventing or remedying any breaches that might otherwise arise as a result of withdrawal.”

I say to the Minister gently that it is not entirely clear what breaches might require the clause 8 power. It is not clear to us that where breaches occur they could not, in most cases, be remedied by clause 7 or by powers contained in other legislation, for example the Trade Bill, which has already been published, or domestic legislation. I do not intend to discuss what my hon. Friend the Member for Nottingham East (Mr Leslie) said in his comprehensive speech, in which he gave a set of examples about the types of international treaties and obligations the Government will have to deal with. However, it would be useful to hear some further examples from the Minister. To date, we have heard about only one international obligation, or perhaps a couple, where the Government believe the clause 8 power must be used. As the House of Lords Delegated Powers and Regulatory Reform Committee noted, the Government have not been explicit about the sort of obligations they have in mind for this clause.

On the scope of clause 8, we have many of the same concerns that we have about the scope of the powers in clauses 7, 9 and 17. Clause 8(3) contains some, although not all, of the explicit restrictions that apply in clause 7. In any case, we believe, just as we do with those clauses—that is why we tabled amendment 27 to clause 9 and amendment 25 to clause 7—that the scope of the delegated powers in clause 8 should be circumscribed so that they cannot be used to reduce rights or freedoms.

I know that many Members, including my hon. Friend the Member for Wakefield (Mary Creagh), wish to make speeches, so with that I draw my remarks to a close.