UK Exit from the European Union

Melanie Onn Excerpts

Monday 17th October 2016 Westminster Hall

[Paul Scully]

I said that there would be votes on the great repeal Bill and on subsequent Bills to bring into UK law many of the laws currently in place on a European level. We may scrap some of those laws, keep some, and even enhance some, but it will be down to Parliament to vote on those matters and to tackle them. That is coming up soon. We parliamentarians will continue to have these discussions about leaving the EU. The Secretary of State said just last week that he would ensure a number of debates through the usual channels when we have particular matters to consider.

[Melanie Onn (Great Grimsby) (Lab)]

May I double-check what the hon. Gentleman said about the great repeal Bill? I think he said that, when it comes before Parliament, some areas of European law may well be negotiated away—that when we bring things over from European legislation, some areas of them may well be dropped.

[Paul Scully]

The great repeal Bill will effectively domesticate all European law. There is a lot of legislation, so after that it will be up to Parliament over time to decide what to do with it. That is very much a role for Parliament.

--- Later in debate ---

[Melanie Onn (Great Grimsby) (Lab)]

This has been an unexpectedly exciting debate that has raised some of the long-standing issues on both sides, and the wounds of those issues will not easily be healed without some answers.

I will focus my comments on the petition that calls for an immediate repeal of the European Communities Act 1972. Colleagues might be aware that I have a private Member’s Bill before the House that would protect in UK law all of the workers’ rights that are derived from the European Union. I fear that some of the most fundamental of those rights would simply fall away were the Act repealed today, including equal rights for part-time and agency workers, the right to annual leave and parental leave and the protection of employment upon the transfer of a business or the outsourcing of services. That is not to mention all the other areas of law that have been implemented through the Act. The Prime Minister has said that the Government will not address that. Instead they will look to pass a great repeal Bill to come into force once we have left the EU; only then will the European Communities Act be repealed. But where will that leave workers’ rights?

According to the Library, the great repeal Bill will likely seek to secure all legislation passed through the European Communities Act in the same form as it currently exists—namely, in secondary legislation. This comes to the point about which I clumsily sought to intervene earlier in the speech by the hon. Member for Sutton and Cheam (Paul Scully). As Members are aware, using secondary legislation means that each law or directive can be changed through a statutory instrument. The Bill would therefore give this and any future Government the ability to amend or repeal fundamental rights without necessarily holding a debate or even a vote in the House.

The Prime Minister said at her party conference last month:

“Existing workers’...rights will continue to be guaranteed in law”.

However, there appears to be disagreement in her Cabinet. The Transport Secretary told the press on the same day as the Prime Minister’s speech that the Government want to keep only some workers’ rights measures. He, along with several other Cabinet members, are on record calling for the scrapping—or in one case halving— of employment protections. Arguments within the Conservative party aside, and whatever the intentions of this particular Government, the fact is that by maintaining employment protections in secondary legislation while removing Britain from the common floor of minimum rights that the EU ensures, the great repeal Bill will leave workers’ rights hanging by a thread.

[Stephen Doughty]

My hon. Friend is making a strong speech and I wholly support her efforts because I share her concerns. The matter goes beyond employment rights and into areas such as environmental protection. Whatever the Government say, the fact that secondary legislation will be used for employment protection opens the measures up to more malevolent forces to attempt to amend or weaken them. Does she agree that we should not rely on the assurances that the Government have given in public so far?

[Melanie Onn]

I could not agree more with my hon. Friend. He has mentioned precisely the concerns that led me to introduce my Bill.

The other way in which the European Union has helped to secure and protect the rights of British workers is through the courts. A huge number of rulings from the Court of Justice of the European Union protect employees in our country. For example, the requirement for overtime and commission payments to count towards holiday pay is because of a European court ruling, as is the requirement to pay care workers a full wage for sleep-in shifts.

[Geraint Davies]

My hon. Friend is making a powerful case. If businesses face tariffs in the EU, they will argue that they need to get their costs down and will say to the Government, “Hold on. Why don’t we have three weeks’ paid holiday instead of four? Why don’t we reduce environmental standards? That will give us all sorts of other benefits.” They will take rights away from workers so that inward investors will face lower costs to platform into Europe, given that we face tariffs. Is there not a real risk to people across Britain from that?

[Melanie Onn]

We must be careful not to paint all business in that way. However, the reality is that throughout the whole discourse on the referendum, workers’ rights have been portrayed as red tape and therefore cumbersome things that people would want to do away with. Companies’ bottom line is also an issue. If they need to save money somewhere, it is likely to be in areas where they see wiggle room, as we have seen in the past, so my hon. Friend makes a valid point.

The Transport Secretary—I feel as though I am picking on him, so I apologise for that—said last month of the great repeal Bill that decisions made by the European Court of Justice on the United Kingdom will cease to apply, so that is one thing that will change. So while some workers’ rights will be made more vulnerable, others will effectively be repealed, and it will be left to judges to decide whether to maintain them. It certainly does not feel like the sovereignty of Parliament is being restored: it is merely taking control from one unelected judiciary and giving it to another unelected judiciary.

The Minister needs to clarify things today. Will the great repeal Bill transpose existing EU case law into UK law, or was the Transport Secretary accurate in his description of the Bill last month? If the Government do not plan to do that, does the Minister agree that the Prime Minister’s promise that existing workers’ rights will be protected was misleading to say the least?

If the Government were serious about protecting existing workers' rights, they would secure them in primary legislation, not secondary legislation. That is exactly what my Workers’ Rights (Maintenance of EU Standards) Bill would do, so can the Minister say whether the Government will support my Bill when it comes before the House later in this Session?

--- Later in debate ---

[Patrick Grady]

Some of that is about the political will of the UK Government. As the hon. Gentleman said, they took those actions only after coming under massive amounts of parliamentary pressure here in the House of Commons.

[Melanie Onn]

That was not the first time the tampon tax issue had been brought to the House’s attention. If women’s issues and rights were put at the heart of every single policy at the outset of negotiations on them with the EU, we would not have been in that position in the first place.

[Patrick Grady]

Absolutely. A lot of it goes back to the case we were making before 23 June. We were saying not that everything was sweetness and light and that the European Union was perfect, but that there was an opportunity to play a constructive, more reforming role. That is certainly the role we see Scotland playing, if and when it becomes an independent member of the European Union.

--- Later in debate ---

[Mr Walker]

My right hon. Friend the Secretary of State has set out that he is approaching the usual channels to ask how that can be done. We have had some queries about Government time. We would certainly like to look into that and see how it can be dealt with. I am about to come to the important role of the European Communities Act 1972 repeal Bill and the role Parliament will have to play in that. It is clear from the cross-party views expressed in last week’s debate that Parliament has an important role to play in scrutiny as we prepare for this process.

The second largest petition we are dealing with today calls for the immediate repeal of the European Communities Act 1972. The Prime Minister and the Secretary of State for Exiting the European Union have set out that we will introduce primary legislation in the next parliamentary Session that, when enacted, will repeal the European Communities Act 1972 on the day we leave the European Union. The Bill will transfer current EU law into domestic law, while allowing for amendments that ensure we have a functioning statute book at the point at which we leave the European Union.

Repealing the ECA now, as some have suggested—although nobody has suggested it in this debate—without having a withdrawal agreement in place would simply not work. It would be a breach of international and EU law to withdraw unilaterally from the EU. Such a breach could create a hostile environment in which to negotiate either a new relationship with the remaining EU member states or new trade agreements with non-EU countries. We are clear, therefore, that while ECA repeal is a necessary part of the process, it should be consequent to the legally correct article 50 process.

The hon. Member for Great Grimsby (Melanie Onn) mentioned her proposed Bill on workers’ rights. We will need to engage with that at the appropriate time, but I direct her to the clear statement from the Secretary of State on 10 October, in which he said:

“I have given an undertaking that there will be no reversal of the protection of workers’ rights, as has the Prime Minister. Indeed, she has gone beyond that and said that there will be an expansion of that protection.”—[Official Report, 10 October 2016; Vol. 615, c. 66.]

The Prime Minister has set out the ambition of enhancing the workers’ rights we have. We will come to debate the Bill proposed by the hon. Member for Great Grimsby at the appropriate time, but we should certainly ensure we enshrine those rights as we move forward in this process.

[Melanie Onn]

On the point about bringing forward legislation and amendments to ensure that law will be functional, does that not risk opening the gates to other areas of legislation and going beyond making the law functional in this country? It could put some of our legislation at risk from further debate by people who might not support some European legislation.

[Mr Walker]

Whenever a Bill is put before Parliament, there is an opportunity for further debate about the premises of that Bill, but the Government’s intention in this process is to translate the existing body of law. The advice we have taken to date, which is not necessarily the final advice, is that European Court of Justice jurisprudence would continue to apply in domestic law unless or until it is overturned following withdrawal. I hope that provides the hon. Lady with some assurance. We will debate that issue at another time.

Free movement was one of the key issues debated in the EU referendum. I recognise the point made by the hon. Member for Darlington that we cannot necessarily read into the result of the referendum every possible interpretation. I also welcome her statement that the Labour party wants to engage in this debate. That represents significant progress from where we have sometimes been in the past. As the Secretary of State and the Prime Minister have made clear, as we conduct our negotiations, it must be a priority to regain more control of the number of people who come here from Europe. The precise way in which the Government will control the movement of EU nationals is yet to be determined, and we are carefully considering the options open to us.

I recognise many of the views expressed today. My hon. Friend the Member for Sutton and Cheam made it clear that we will want to continue to attract the brightest and the best. In my own Department, we have plenty to keep us occupied and to be working on. This will not be our decision in isolation. The whole range of Government, including other Departments such as the Home Office and the Treasury, will want to look at this, and we will want to come up with a system that works.

As the Prime Minister has said, there is no single silver bullet that is the answer to dealing with immigration. We have to look at the whole range of issues, from the rules we have for people coming into the country to how we deal with abuse of the system. That will be an important part of our considerations.