European Union (Withdrawal) Bill

Neil Gray Excerpts

Committee: 2nd sitting: House of Commons
Wednesday 15th November 2017 Commons Chamber

[Sir Oliver Letwin]

That was the subject of a previous intervention, and what I said in response then I will say again. The application of the principles in this Bill is a possible way to go and is not necessarily incompatible with later legislation, but it seems rather awkward to legislate inadequately and then to produce a good piece of legislation that repeals the inadequate legislation—we certainly would not want them to conflict—when it is extremely likely that the Bill in question will actually be marching through the Houses in parallel with the Bill that we are now discussing.

My second point is that the hon. Member for Brighton, Kemptown (Lloyd Russell-Moyle)—this is part of the reason why we have a slight difference of view about the means—has far more faith in the current TFEU principles than is justified. They are principles of procedure that govern proceedings and hence have a big effect on the formulation of EU directives. Had they been part of EU law in a strict sense, they would of course have been incorporated into the Bill that we are discussing, and the problems that the hon. Member for Brighton, Pavilion and I agree exist about this Bill not carrying them into UK law would not exist.

At the moment, we have weak procedural principles, and new clauses 60 and 67 seek to take those weak procedural principles and turn them into a weak procedural principle of UK law. I am recommending, and I think the Secretary of State is happy to take forward, a solid statutory basis for a powerful body operating against a statutorily based national policy statement approved in this House in order to create a binding mechanism that is far more ironclad than what is currently on offer.

[Neil Gray (Airdrie and Shotts) (SNP)]

On adopting EU law into domestic law, I am sure the right hon. Gentleman will accept that there is more than one legal jurisdiction in these isles. On that basis, does he believe the UK Government should be discussing and seeking agreement with the Scottish Government on how it should happen in Scotland?

[Sir Oliver Letwin]

I leave that to the Government, but it is noticeable that new clauses 60 and 67 would have UK application. I take it that we will be able, by one means or another, to ensure that such legislation as comes forward is so discussed with the devolved authorities that it, too, has some kind of UK application. The precise means of doing that I am neither competent nor desirous to discuss in the context of these amendments.

--- Later in debate ---

Thank you for your patience, Mr Streeter. I hope that I have addressed not only all the amendments in the group but, more importantly, the underlying concerns. I hope that all hon. Members will agree to clause 4 standing part of the Bill unamended.

[Neil Gray]

It is a pleasure to have this unexpected opportunity to take part in the debate and to speak to amendment 70, which stands in the name of my right hon. Friend the Member for Ross, Skye and Lochaber (Ian Blackford) and other hon. Friends. I will, of course, be brief. It is also a pleasure to follow the Minister. He was incredibly thorough in setting out his interpretation of the argument, but I disagree with him.

This group of amendments and new clauses focuses on the retention of rights in existing European law. Some people have taken the Government’s word that they want to transfer and protect existing rights derived from the EU and that this Bill will ensure that that happens. However, the Government are giving themselves unprecedented powers through secondary legislation, meaning that, as things stand, all aspects of our rights and law derived from the EU will be subject to swift future revision by the Government. Amendment 70 would set out in the Bill those areas of existing rights and law that we want to protect. The Government say that they have no intention of changing those things, so our amendment challenges the Government to back up their own rhetoric and ensure that existing law and rights are protected.

If the Committee agrees to amendment 70, those areas will be individually written into the Bill, and therefore protected from future change through secondary legislation. The fact that primary legislation would be required to make an alteration would mean that it would be more difficult for the Government to bring about the bonfire of red tape for which prominent Brexiteers so desperately clamour, as was hinted at earlier today.

While we sit in this Parliament of minorities, this issue is more important than ever. We have already seen how beholden the UK Government are to the Brexiteer wing of the Tory party, which has succeeded in getting the Government to table the potentially disastrous amendment 381, which would write the day and hour for Brexit into the Bill. I seriously hope that the Government accept the calls from Members on both sides of the Committee to not press that amendment to a vote at a later date.

As we consider amendment 70, it is important that we note the way in which the Government have caved in. If the Government can have their arm twisted into tabling an amendment that hamstrings their own negotiating position, the Brexiteer group could also twist their arm on these areas after Brexit. Those on that wing of the Tory party could immediately put pressure on the Government to slash away at these fundamental rights, and if they are subject to change by secondary rather than primary legislation, those rights are incredibly vulnerable.

Should the Government vote down amendment 70, it will leave their actions short of their rhetoric. It would be a hint to everyone that there actually is a plan to use these unprecedented powers through secondary legislation to weaken rights further down the line.

What rights am I talking about? Among others, I am talking about the right to equal pay, and rights of free movement and residence, as well as the protection of citizen’s rights. May I just say that it is an absolute disgrace—a moral outrage and an act of economic self-harm—that 16 months after the Brexit referendum we still have no clarity over the existing rights of EU nationals living and working in these isles? These are EU nationals who are working and advancing our public services. They are EU nationals who contribute billions to the economy and are desperately relied on for their skills in crucial industries. Most importantly, they are EU nationals who have chosen to live and work here. They have established their family life here but are now in limbo. The Government can and should guarantee their right to remain now.

[Angus Brendan MacNeil]

My hon. Friend makes a very good point about EU nationals. While the UK has been in deficit since 2001, the only part of the population that has been paying its own way and standing on its own two feet are EU nationals. They are in surplus to the tune of £2 billion or £3 billion. We see what happens when they start to become scarce. It is happening in Cornwall, with crops unpicked. We need these people and there should be a Government apology for the 16 months of uncertainty that they have had to go through.

[Neil Gray]

My hon. Friend makes very salient points. He represents a constituency that relies on those skills and labour.

If the UK Government are serious about their apparent respect for the Scottish Government’s role in this process—undermined, of course, by them voting down yesterday the devolved Parliaments’ legislative consent-enabling amendment 79 in the name of my hon. Friend the Member for Arfon (Hywel Williams), which Labour, with the honourable exception of the hon. Member for Ynys Môn (Albert Owen), shamefully abstained on—and want to give some integrity to their claim of respecting the role of the devolved Administrations, perhaps the Minister will provide clarity now on whether, given Scotland’s different legal jurisdiction, the UK Government have discussed and consulted on clause 4 with Holyrood. This is important because the clause is about how laws will be transposed and interpreted domestically. The UK Government must recognise that Scotland has an entirely separate legal system, even if the Leader of the Opposition is not aware of the separate existence of Scots law.

We support new clause 30, which was tabled by the hon. Member for Brighton, Pavilion (Caroline Lucas). It deals with important animal rights, specifically to ensure that animals continue to be recognised as sentient beings under domestic law. We will vote with her in the Lobby, should the new clause be pressed to a vote.

[Tim Farron]

The hon. Gentleman is making very good points. I want to just draw two issues together. He talks about animal welfare protection and a moment ago he referred to EU nationals who work here. I am sure that he is aware that about 90% of the vets in UK abattoirs are from elsewhere in the European Union. The loss of their services massively challenges and threatens animal welfare, does it not?

[Neil Gray]

Absolutely. I agree with the hon. Gentleman’s very good point.

We support new clause 67, which stands in the name of the Leader of the Opposition, which would protect environmental provisions. This is linked to a constituency concern that I have. Last week, I visited the Tarmac quarry at Cairneyhill, near Caldercruix in my constituency. It provides 30 good jobs and some of its staff have worked there for decades. Aggregate industry businesses such as Tarmac are energy and carbon-intensive, but they are working hard to reduce their carbon footprint as responsible operators. The EU emissions trading system has underpinned the UK’s carbon reduction commitments for many years and provided a basis from which companies such as Tarmac operate. They need to know whether we will be in or out of the EU ETS. If we are out, what will the new rules be? Will they be linked to the EU ETS or to schemes such as the one in California? How will that be paid for? Who will police the rules?

It is simply not good enough for the UK Government just to say, as they have so far, that this is subject to the negotiations, and here is why: businesses such as Tarmac make very long-term investment decisions that are based on their certainty of legislation and regulation. At my visit last week, we talked about Tarmac’s plans for the Cairneyhill site 20 years down the line. It is not just for its own business’s benefit that it does this; it is to protect the supply chain for infrastructure projects commissioned by Governments across these isles. Will the Minister guarantee that EU ETS allowances issued to UK operators for 2018 will be accepted for compliance purposes at the end of the EU ETS accounting year? Without such a guarantee, UK companies will face a bill that might run into millions. This uncertainty and lack of detail is concerning businesses and stakeholders across industry and civic life, especially with the ramping up of the Government’s nonsensical no-deal rhetoric.

We have before us a mess of a Bill, but that is little wonder given that, from the start of the process, the Government have made a mess of Brexit. From taking the electorate for granted before the referendum to assuming they did not need to plan for a leave vote, triggering article 50 before they were prepared, and calling a snap election to strengthen their position but in fact creating chaos, they have made a mess of Brexit. Our amendments would provide certainty in areas of confusion, confirming our existing rights and protecting them from those who wish to sweep them away, and would finally lift EU nationals living here from their tortuous limbo. We must give them protection and the lifeline assurance of the right to remain that the Government have disgracefully denied them. I commend amendment 70 to the Committee.

[Richard Benyon (Newbury) (Con)]

I say to the hon. Member for Brighton, Pavilion (Caroline Lucas) and others, perhaps as one remainer to another, that to suggest everything EU for the environment good; everything outside—