European Union (Withdrawal Agreement) Bill

Nick Thomas-Symonds Excerpts

Committee stage & Committee: 2nd sitting: House of Commons & Committee: 2nd sitting
Wednesday 8th January 2020 Commons Chamber

[Thangam Debbonaire]

As the Minister cleverly spotted, amendment 11 is a probing amendment. We have explored the concept of sovereignty extensively, so I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clauses 38 to 40 ordered to stand part of the Bill.

Schedule 4 agreed to.

Clause 41 ordered to stand part of the Bill.

Schedule 5 agreed to.

Clause 42 ordered to stand part of the Bill.



New Clause 2

Protecting workers’ rights

‘(1) It shall be an objective of the Government to secure an agreement with the European Union that achieves the following outcomes—

(a) that the United Kingdom will not introduce any measure which would have the effect of reducing in any way the protection provided by any Retained EU Worker Rights after IP completion day;

(b) that the United Kingdom shall take all steps necessary to ensure that, from exit day, all Retained EU Worker Rights will continue to have at least the same level of protection in the United Kingdom as is applicable in other Member States;

(c) that where, after IP completion day, the European Union brings into force or effect any New EU Workers’ Rights, the result and legal consequences in the United Kingdom of those New EU Workers’ Rights shall be the same as if those New EU Workers’ Rights had been Workers’ Rights brought into force and effect by the European Union before IP completion day;

(d) that those parts of the Treaties which, before IP completion day, provide for any matter concerning the interpretation of Workers Rights in any part of the United Kingdom to be determined by the Court of Justice of the European Union shall continue to apply to the United Kingdom or such part of the United Kingdom to the same extent after IP completion day;

(e) that after IP completion day, the procedural rules, including limitation periods, rules of courts and tribunals and remedies, governing actions for safeguarding New EU Workers’ Rights and Retained EU Worker Rights in the United Kingdom shall continue to be no less favourable than the procedural rules governing similar actions under United Kingdom law;

(f) that nothing in this clause shall prevent the United Kingdom from introducing amendments to Workers’ Rights for the purpose of making such provisions more favourable to the protection of workers;

(g) that the terms at (a) to (f) shall have direct effect and shall be recognised and available in law and be capable of enforcement by individuals and their trade unions in courts and tribunal.

(2) Subsections (3) and (4) cease to apply if the Government has secured an agreement with the European Union that achieves the objective in subsection (1).

(3) A Minister of the Crown must make an oral statement to the House of Commons on the objective in subsection (1)—

(a) within three months of this Act coming into force;

(b) at least as frequently as every 28 days thereafter.

(4) Each statement made under subsection (3) must set out—

(a) the steps taken by the Government, and the progress made in negotiations with the European Union, for the purpose of achieving the objective in subsection (1); and

(b) whether in the Minister’s opinion an agreement with the European Union achieving the objective of subsection (1) is likely to be achieved by IP completion day and, if not, setting out the reasons for this.

(5) For the purpose of this section—

“New EU Worker Right” means any Workers’ Rights—

(a) which Member States are obliged to confer by an EU directive published in the Official Journal of the European Union on or after IP completion day; or

(b) that are conferred by an EU regulation or other instrument published in the Official Journal of the European Union on or after IP completion day; or

(c) that arise out of a judgment of the Court of Justice of the European Union on or after IP completion day;

and shall include any improvement to a Workers’ Right which existed before IP completion day;

“Retained EU Worker Rights” means Workers’ Rights which—

(a) immediately before IP completion day, the United Kingdom was obliged to confer by virtue of the Treaties and the EU directives listed in Schedule 1, or which were, without further enactment, given legal effect in the United Kingdom; and

(b) on IP completion day, continued to have effect in any part of the United Kingdom;

“Workers’ Rights” means rights of individuals, classes of individuals and their trade unions, in all areas of labour protection including—

(a) fundamental rights at work, including all forms of discrimination;

(b) fair working conditions and employment standards;

(c) information and consultation rights;

(d) restructuring of undertakings and acquired rights; and

(e) health and safety at work.

“Exit day” shall have the same meaning as in the European Union (Withdrawal) Act 2018.

“IP completion day” shall have the same meaning as in the European Union (Withdrawal Agreement) Act 2020.”—(Nick Thomas-Symonds.)

This new clause would require the Government to negotiate a comprehensive agreement with the EU protecting workers’ rights.

Brought up, and read the First time.

[Nick Thomas-Symonds (Torfaen) (Lab)]

I beg to move, That the clause be read a Second time.

[The First Deputy Chairman of Ways and Means (Sir George Howarth)]

With this it will be convenient to discuss:

New clause 3—Future relationship: Customs Union and Single Market—

“(1) It shall be an objective of the Government to secure an agreement with the European Union that achieves the following outcomes—

(a) a permanent and comprehensive UK-wide customs union involving alignment with the Union customs code, a common external tariff and an agreement on commercial policy that includes a UK say on future EU trade deals;

(b) close alignment with the single market, underpinned by shared institutions and obligations, with clear arrangements for dispute resolution;

(c) dynamic alignment on rights and protections so that UK standards keep pace with evolving standards across the EU as a minimum;

(d) UK participation in EU agencies and funding programmes; and

(e) Close cooperation on security including access to the European Arrest warrant and databases such as EUROPOL and SIS II.”

New clause 8—Maintaining the UK’s place in the Single Market and Customs Union—

“(1) It shall be an objective of the Government to maintain the United Kingdom’s status within the Single Market and Customs Union of the European Union within the framework of the future relationship between the United Kingdom and European Union.

(2) A Minister shall lay before each House of Parliament a progress report on aims noted in subsection (1).”

This new clause ensures that the UK Government will negotiate for the maintenance of the United Kingdom’s membership of the single market and customs union.

New clause 10—Implementation period negotiating objectives: Erasmus+—

“(1) It shall be an objective of the Government to secure an agreement within the framework of the future relationship of the UK and the EU before the end of the implementation period that enables the UK to participate in all elements of the Erasmus+ programme on existing terms after the implementation period ends (“the Erasmus+ negotiations”).

(2) A Minister shall lay before each House of Parliament a progress report on the Erasmus+ negotiations within six months of this Act being passed.”

This new clause would require the Government to seek to negotiate continuing full membership of the EU’s Erasmus+ education and youth programme.

New clause 16—Economic impact assessment—

“(1) A Minister of the Crown must—

(a) lay before each House of Parliament and

(b) submit to the Presiding Officers of each devolved legislature

a comprehensive economic impact assessment of potential outcomes arising from the conclusion of negotiations on the future relationship with the EU.

(2) An assessment under subsection (1) must include—

(a) an analysis by NUTS1 and NUTS2 regions of the United Kingdom including (but not limited to)—

(i) impact on employment as both a nominal figure and percentage, and

(ii) impact on Gross Value Added;

(b) a sectoral analysis including but not limited to agriculture, health and social care, manufacturing, the aerospace industry, and financial services.”

This new clause would require the Government to produce an economic impact assessment on the future relationship negotiated with the European Union.

New clause 20—UK-EU trade agreement: mutual recognition and standards—

“(1) The Government must, during and after the implementation period, seek as part of any future trade agreement between the United Kingdom and the European Union mutual recognition, adequacy or deemed equivalence arrangements across all product regulations and standards covered by the agreement in the following areas—

(a) goods,

(b) services,

(c) data protection,

(d) environmental standards,

(e) labour standards,

(f) professional qualifications, and

(g) any other technical regulations or standards which it seeks to negotiate.

(2) Nothing in any trade agreement between the United Kingdom and the European Union shall prevent Parliament from enacting laws and setting technical regulations and standards within the United Kingdom.

(3) “Technical regulations or standards” shall include any law, regulation or administrative action that affects the trade of goods, including agrifood and agricultural goods, including those covered by the World Trade Organisation’s Technical Barriers to Trade Agreement and the World Trade Organisation’s Sanitary and Phyto-Sanitary Agreement.”

This new clause would mandate the Government to seek mutual recognition, adequacy or deemed equivalence arrangements on standards to be included in the future trade relationship, while preserving the right of Parliament to set laws and standards in the UK.

New clause 27—Non-regression from EU standards—

“(none) After section 14 (financial provision) of the European Union (Withdrawal) Act 2018 insert—

‘14A  Interpretation: “regressive”

(1) In this section and sections 14B to 14D “regressive” means—

(a) reducing the level of protection provided by retained EU law in respect of a protected matter (specified in subsection (2)), or

(b) weakening governance processes associated with retained EU law in respect of a protected matter (specified in subsection (2)).

(2) The protected matters are—

(a) the environment;

(b) food safety and other standards;

(c) the substance of REACH regulations; and

(d) animal welfare.

14B Primary legislation

‘(1) A Minister of the Crown in charge of a Bill in either House of Parliament must, before Second Reading of the Bill—

(a) make a statement to the effect that in the Minister’s view the provisions of the Bill are not intended to have, and are not reasonably likely to have, a regressive effect, or

(b) make a statement that although provisions of the Bill are intended to have, or are reasonably likely to have, a regressive effect, the Government nevertheless wishes the House to proceed with the Bill.

(2) If the Bill relates to environmental law—

(a) in preparing the statement the Minister must—

(i) consult the Office for Environmental Protection (“OEP”); and

(ii) publish their response, and

(b) if the OEP’s response asserts that provisions of the Bill are reasonably likely to have a regressive effect on environmental law, that response must also suggest how to avoid that effect.

(3) A Minister who makes a statement under subsection (1)(b) must also—

(a) publish the reasons for including in the Bill provisions that are intended, or reasonably likely, to have a regressive effect (“regressive provisions”);

(b) arrange for a motion to be moved in the House of Commons, before the Bill leaves that House, for a resolution that the House approves the inclusion of regressive provisions; and

(c) arrange for a motion to be moved in the House of Lords, before the Bill leaves that House, for a resolution that the House approves the inclusion of regressive provisions.

14C Subordinate legislation

‘(1) Regulations under this Act are unlawful if and to the extent that they are intended to have, or in practice are reasonably likely to have, a regressive effect.

(2) A statutory instrument under any other Act which is made for the purposes of or in connection with the withdrawal of the UK from the EU is unlawful if and to the extent that it is intended to have, or in practice is reasonably likely to have, a regressive effect.

14D Other action by public authorities

‘(1) Any action taken by or on behalf of a Minister of the Crown under this Act is unlawful if and to the extent that it is intended to have, or in practice is reasonably likely to have, a regressive effect.

(2) Any action taken by or on behalf of a Minister of the Crown for the purposes of or in connection with the withdrawal of the UK from the EU is unlawful if and to the extent that it is intended to have, or in practice is reasonably likely to have, a regressive effect.

(3) A public authority exercising a function in respect of a protected matter must not exercise the function in a way that is intended to have, or in practice is reasonably likely to have, a regressive effect.

14E Guidance

‘(none) The Secretary of State must publish guidance for government departments and other public authorities designed to ensure and facilitate the avoidance of action that would be unlawful by virtue of sections 14B to 14D.

14F Divergence tracking

‘(1) In this section “divergence report” means a report containing—

(a) a summary of new EU environmental laws;

(b) a summary of steps taken by the Government in relation to the issues addressed by those laws;

(c) a summary of steps taken by the Government as set out in previous divergence reports;

(d) an independent review identifying any divergence between UK law and EU law in respect of those issues and recommending action to remedy the divergence;

(e) a statement of action Ministers propose to take; and

(f) if Ministers do not propose to give effect to the recommendations of the independent review, the reasons for that.

(2) The Secretary of State must publish a divergence report—

(a) within the period of 6 months beginning with the date of commencement of this section; and

(b) during each subsequent period of 6 months.

(3) The Secretary of State must—

(a) prepare each divergence report in consultation with persons appearing to the Secretary of State to represent the interests of businesses, workers, public bodies and relevant non-governmental organisations;

(b) publish each divergence report;

(c) lay it before Parliament; and

(d) arrange for a motion to be moved in each House of Parliament, within the period of 28 sitting days beginning with the first sitting day after the date of publication of the report, for a resolution that the House approves the divergence report.

(4) If a Committee of the House of Lords, or a Joint Committee of the House of Lords and the House of Commons, publishes a report relating to matters to be considered in a divergence report, the divergence report must contain Ministers’ response to the Committee report.

(5) If a motion in either House for the approval of a divergence report is not passed unamended, a Minister of the Crown must as soon as reasonably practicable publish a report—

(a) setting out the steps that Ministers intend to take to rectify any divergence between UK law and EU law in respect of environmental matters, and

(b) including, in particular, legislative proposals designed to remedy the divergence, together with a timetable and strategy for enacting the legislation.

(6) In this section “independent review” means a review undertaken by a body established by regulations made by the Secretary of State for the purpose of reviewing new EU law and giving independent advice to Ministers about divergence.

(7) Regulations under subsection (6)—

(a) may include provision about the membership, funding and proceedings of the body;

(b) may confer appointment and other functions on the Secretary of State or another specified person;

(c) may include incidental, supplemental, consequential and transitional provisions;

(d) must be made by statutory instrument; and

(e) may not be made unless a draft has been laid before, and approved by resolution of, each House of Parliament.

(8) Provision about membership of the body under subsection (7)(a) must, in particular, aim to ensure the inclusion of individuals who are independent of the government and have relevant knowledge and experience including expertise in environmental law’””

This new clause aims to prevent of substantive regression from EU standards in legislation after leaving the EU.

New clause 29—Implementation period negotiating objectives: level playing-field—

“(1) It shall be an objective of the Government to secure an agreement within the framework of the future relationship of the UK and EU to secure agreements that achieve the following outcomes—

(a) close alignment with the European Union single market, underpinned by shared institutions and obligations, with clear arrangements for dispute resolution;

(b) dynamic alignment on rights and protections for workers, consumers and the environment so that UK standards at least keep pace with evolving standards across the EU as a minimum, and;

(c) participation in EU agencies and funding programmes, including for the environment, education, science, and industrial regulation.

(2) A Minister of the Crown shall lay before each House of Parliament a progress report on each of the outcomes listed in subsection (1) (a) to (c) within 4 months of this Act being passed, and subsequently at intervals of no more than 2 months.”

This new clause would require the UK Government to seek close alignment with the EU single market on key level playing-field provisions such as workers’ rights and environmental and consumer standards and protections as part of its negotiations for the future relationship with the EU.

New clause 30—Maintaining the UK’s place in the Single Market and Customs Union—

“(1) It shall be an objective of the Government to maintain the United Kingdom’s status within the Single Market and Customs Union of the European Union within the framework of the future relationship between the United Kingdom and European Union.

(2) A Minister of the Crown shall lay before each House of Parliament a progress report on the objective in subsection (1) within 4 months of this Act being passed, and subsequently at intervals of no more than 2 months.”

This new clause would require the UK Government to seek to keep the UK in the Single Market and the Customs Union as part of its negotiations for the future relationship with the EU.

New clause 31—UK participation in the European medicines regulatory network—

“(1) It shall be the objective of an appropriate authority to take all necessary steps to implement an international trade agreement which enables the UK to fully participate after exit day in the European medicines regulatory network partnership between the European Union, European Economic Area and the European Medicines Agency.

(2) ‘Exit day’ shall have the meaning set out in section 20 of the European Union (Withdrawal) Act 2018.

(3) A Minister of the Crown shall lay before each House of Parliament a progress report on the objective in subsection (1) within 4 months of this Act being passed, and subsequently at intervals of no more than 2 months.”

This new clause would require the UK Government to seek to maintain participation in the European medicines regulatory network as part of its negotiations for the future relationship with the EU.

New clause 32—Maintaining the UK’s membership of Euratom—

“(1) It shall be an objective of the Government to maintain the United Kingdom’s membership of the European Atomic Energy Community within the framework of the future relationship between the United Kingdom and European Union.

(2) A Minister of the Crown shall lay before each House of Parliament a progress report on the objective in subsection (1) within 4 months of this Act being passed, and subsequently at intervals of no more than 2 months.”.

This new clause would require the UK Government to seek to maintain the UK’s membership of Euratom as part of its negotiations for the future relationship with the EU.

New clause 35—Implementation period negotiating objectives: security partnership—

“(1) It shall be an objective of the Government to secure an agreement within the framework of the future relationship of the UK and EU to secure agreements that achieve the following outcomes—

(a) continued UK participation in the European Arrest Warrant,

(b) continued UK membership if Europol and Eurojust, and

(c) continued direct access for UK agencies to the following EU data-sharing tools—

(i) the Second Generation Schengen Information System (SIS II),

(ii) the European Criminal Records Information System (ECRIS),

(iii) the Prüm Decisions,

(iv) Passenger Name Record (PNR), and

(v) the Europol Information System (EIS).

(2) A Minister of the Crown shall lay before each House of Parliament a progress report on each of the outcomes listed in subsection (1) (a) to (c) within 4 months of this Act being passed, and subsequently at intervals of no more than 2 months.”

This new clause would require the UK Government to seek a comprehensive security partnership as part of its negotiations for the future relationship with the EU.

New clause 38—Independent review of the impact of withdrawal—

“(1) The Secretary of State must arrange for an independent review of the impact of the United Kingdom’s withdrawal from the EU in relation to each of the following periods—

(a) the initial one-year period, and

(b) each subsequent three-year period.

(2) A review must be completed as soon as practicable after the end of the period to which the review relates.

(3) The review must consider the impact of the United Kingdom’s withdrawal from the EU on—

(a) the economy of the United Kingdom,

(b) national security,

(c) climate change and the environment,

(d) human rights, and

(e) social and economic rights.

(4) As soon as practicable after a person has carried out a review in relation to a particular period, the person must—

(a) produce a report of the outcome of the review, and

(b) send a copy of the report to the Secretary of State.

(5) The Secretary of State must lay before each House of Parliament a copy of each report sent under subsection (4)(b).

(6) The Secretary of State may—

(a) make such payments as the Secretary of State thinks appropriate in connection with the carrying out of a review, and

(b) make such other arrangements as the Secretary of State thinks appropriate in connection with the carrying out of a review (including arrangements for the provision of staff, other resources and facilities).

(7) In this section—

“initial one-year period” means the period of one year beginning on the day following exit day as defined in section 20(1) of the European Union (Withdrawal) Act 2018;

“subsequent three-year period” means a period of three years beginning with the first day after the most recent of—

(a) the initial one-year period, or

(b) the most recent subsequent three-year period.”

This new clause would require the Government to publish regular independent reports on the impact of Brexit.

New clause 45—NHS protection and devolved legislatures—

“(1) Any provision relating to the National Health Service within a trade deal shall not be made without consultation with, and only after publication of a legislative consent memorandum from, each of the relevant devolved legislatures.

(2) For purposes of this Part, ‘relevant devolved legislatures’ means—

(a) the Northern Ireland Assembly,

(b) Scottish Parliament, and

(c) the National Assembly for Wales.”

This new clause requires each devolved legislature to give legislative consent to any trade deal affecting the National Health Service.

New clause 46—Impact assessment—

‘(none) The Government must publish undertake equality, environmental and economic impact assessments, by each region of the United Kingdom, on any proposed future relationship or Free Trade Agreement, before initiating legislation to implement any such proposed future relationship or Free Trade Agreement.”

This new clause requires the publication of regional equality, environmental and economic impact assessments of any proposed future relationship or Free Trade Agreement.

New clause 48—Maintaining the UK’s membership of Horizon 2020 and future Horizon programmes—

‘(none) It shall be an objective of the Government to maintain the United Kingdom’s membership of Horizon 2020 and its successor programmes within the framework of the future relationship between the United Kingdom and European Union.”

This new clause would require the Government to seek to negotiate continuing full membership of the EU’s Horizon 2020 research programme and its successor programmes, such as Horizon Europe.

New clause 49—UK citizens resident in the EU: protection of rights—

“(1) The Secretary of State must make arrangements to preserve, as far as is possible, the United Kingdom’s obligations under EU law to British citizens who are resident in any EEA country, or in Switzerland, on the day before IP completion day.

(2) The arrangements in subsection (1) must include—

(a) arrangements for people in receipt of a United Kingdom state retirement pension to continue receiving that pension under the same uprating and other arrangements as apply on the day on which this Act is passed, for the rest of their lifetimes as long as they remain resident in any other EEA country, or in Switzerland,

(b) arrangements for British citizens to continue receiving the same level of publicly-provided healthcare as they do currently as EU citizens.

(3) The duty in subsection (1) applies whether or not the United Kingdom reaches any relevant reciprocal arrangements with other EEA member states, or with Switzerland.”

This new clause requires the Government to take steps to preserve the rights of UK citizens living in the EU, including continuing to uprate UK state pensions for Britons living in the EU and paying for publicly-provided healthcare.

New clause 50—EU Charter of Fundamental Rights impact assessment—

“A Minister of the Crown must, on or before 30 June 2020, publish a comprehensive impact assessment of the effect of removing the EU Charter of Fundamental Rights from domestic law.”

This new clause would provide that the UK Government commits to conducting and publishing an impact assessment of the effect of removal of the EU Charter of Fundamental Rights (by virtue of section 5(4) of the EU (Withdrawal) Act 2018).

New clause 51—Protection for workers’ rights—

“(1) After section 18 of the European Union (Withdrawal) Act 2018 (customs arrangement as part of the framework for the future relationship) insert—

‘18A Protection for workers’ rights

(1) Part 1 of Schedule 5A (which requires statements of non-regression in relation to workers’ retained EU rights) has effect.

(2) Part 2 of Schedule 5A (which provides for reporting requirements and parliamentary oversight in relation to new EU workers’ rights) has effect.

(3) Part 3 of Schedule 5A (which contains interpretative provision) has effect.’

(2) After Schedule 5 to the European Union (Withdrawal) Act 2018 (publication and rules of evidence) insert the Schedule 5A set out in Schedule (Protection for workers’ rights) to this Act.”

This new clause reinstates what was Clause 34 and Schedule 4 of the EU Withdrawal Agreement Bill (Bill 7) in the October-December 2019 Session and provides additional procedural protections for workers rights that currently form part of EU law, but which would not be protected against modification, repeal or revocation in domestic law once the transition or implementation period has ended.

New clause 59—Representation in the European Parliament—

“(1) It must be a negotiating objective of the United Kingdom Government to seek to secure ongoing and formal representation in the European Parliament, at not less than observer status, for the devolved nations and regions of the UK.

(2) Once secured, this representation shall be determined and co-ordinated by each devolved administration.”

New schedule 1—Protection for workers’ rights Protection for workers’ rights—

“Protection for workers’ rights

The Schedule 5A to be inserted after Schedule 5 to the European Union (Withdrawal) Act 2018 is as follows:

‘Schedule 5A

Protection for workers’ rights

Part 1

Workers’ retained EU rights

Acts of Parliament: statements of non-regression

1 (1) A Minister of the Crown in charge of a relevant Bill in either House of Parliament must, before Second Reading of the Bill—

(a) make a statement to the effect that in the Minister’s view the provisions of the Bill will not result in the law of the relevant part or parts of the United Kingdom failing to confer any workers’ retained EU right (a “statement of non-regression”), or

(b) make a statement to the effect that although the Minister is unable to make a statement of non-regression Her Majesty’s Government nevertheless wishes the House to proceed with the Bill.

(2) The statement must be in writing and be published in such manner as the Minister making it considers appropriate.

(3) Before making a statement under sub-paragraph (1)(a) or (b) in relation to a Bill, a Minister of the Crown must consult—

(a) persons representative of workers,

(b) persons representative of employers, and

(c) any other persons whom the Minister considers it appropriate to consult.

(4) But that duty does not apply to a statement made in relation to a Bill if—

(a) it is not practicable for the consultation to take place in relation to the statement by reason of urgency, or

(b) the statement is being made before Second Reading of the Bill in the second House of Parliament and the Bill was not amended in the first House of Parliament.

(5) In this paragraph—

“first House of Parliament”, in relation to a Bill, means the House of Parliament in which the Bill is first introduced;

“relevant Bill” means a Bill which contains provision that—

(a) extends to England and Wales or Scotland (or both), and

(b) relates to any of the workers’ retained EU rights;

“relevant part of the United Kingdom”, in relation to a Bill, means—

(a) England and Wales, if the Bill extends there;

(b) Scotland, if the Bill extends there;

“second House of Parliament”, in relation to a Bill, means the House of Parliament to which the Bill moves after completing its passage through the first House of Parliament.

Part 2

New EU workers’ rights

Reports on new EU workers’ rights

2 (1) As soon as practicable after the end of each reporting period, the Secretary of State must—

(a) produce a report under sub-paragraph (2) or (3) relating to that period (“the relevant reporting period”),

(b) publish the report in such manner as the Secretary of State considers appropriate, and

(c) lay copies of the report before Parliament.

(2) A report under this sub-paragraph is one that contains a statement that no new EU workers’ rights have been published by the EU during the relevant reporting period.

(3) A report under this sub-paragraph is one that contains—

(a) a statement that one or more new EU workers’ rights have been published by the EU during the relevant reporting period, and

(b) as respects each new EU workers’ right published during that period, either—

(i) a statement to the effect that in the Secretary of State’s view the law of England and Wales and Scotland confers a workers’ right of the same kind as the new EU workers’ right (a “statement of non-divergence”), or

(ii) a statement to the effect that the Secretary of State is unable to make a statement of non-divergence.

(4) If a report under sub-paragraph (3) contains a statement under sub-paragraph (3)(b)(ii) as respects a new EU workers’ right, the report must also contain—

(a) a statement of whether or not Her Majesty’s Government intends to take any action in respect of the new EU workers’ right, and

(b) if it does, a statement describing the action which it is intending to take.

(5) In relation to each report under sub-paragraph (3), a Minister of the Crown must make arrangements for—

(a) a motion, to the effect that the House of Commons has approved the report, to be moved in that House by a Minister of the Crown within the period of 28 Commons sitting days beginning with the day on which a copy of the report is laid before that House, and

(b) a motion for the House of Lords to approve the report to be moved in that House by a Minister of the Crown within the period of 28 Lords sitting days beginning with the day on which a copy of the report is laid before that House.

(6) When producing a report under sub-paragraph (3), the Secretary of State must consult—

(a) persons representative of workers,

(b) persons representative of employers, and

(c) any other persons whom the Secretary of State considers it appropriate to consult.

(7) In this paragraph “reporting period” means—

(a) the period that—

(i) begins with IP completion day, and

(ii) ends with the day which falls six months after the day on which IP completion day falls;

(b) subsequently, each period that—

(i) begins with the day (the “start day”) that comes immediately after the end of the preceding reporting period, and

(ii) ends with the end day.

(8) The “end day” for that purpose is decided as follows—

(a) if any new EU workers’ rights are published by the EU during the period of six months beginning with the start day, the end day is the day which falls six months after—

(i) the day on which those rights are published by the EU, or

(ii) if they are published by the EU on different days, the earliest of those days;

(b) if no new EU workers’ rights are published by the EU during the period of six months beginning with the start day, the end day is the day which falls twelve months after the start day.

(9) A reference in this paragraph to a new EU workers’ right being published by the EU is a reference to the EU directive or EU regulation which provides for its conferral being published in the Official Journal of the European Union.

Part 3

Interpretation

Interpretation

3 (1) In this Schedule—

“new EU workers’ rights” means any workers’ rights—

(a) which member States are obliged to confer by an EU directive published in the Official Journal of the European Union on or after IP completion day, or

(b) that are conferred by an EU regulation published in the Official Journal of the European Union on or after IP completion day;

“workers’ retained EU rights” means workers’ rights of the kinds which—

(a) immediately before IP completion day, the United Kingdom was obliged to confer by virtue of the EU directives listed in the table in paragraph 4, and

(b) on IP completion day, continued to have effect (by virtue of this Act and as modified by any provision made by or under this Act or otherwise) in the law of England and Wales or Scotland;

“workers’ rights” means rights of individuals, and classes of individuals, in the area of labour protection as regards—

(a) fundamental rights at work,

(b) fair working conditions and employment standards,

(c) information and consultation rights at company level,

(d) restructuring of undertakings, and

(e) health and safety at work.

(2) The reference in the definition of “workers’ retained EU rights” to rights which continued to have effect by virtue of this Act includes a reference to rights which form part of retained EU law by virtue of section 2 but which would have continued to have effect irrespective of that section.

(3) References in this Schedule to rights being of the same kind as new EU workers’ rights are to be read as references to rights being of the same kind so far as that is consistent with the United Kingdom’s domestic legal order following its withdrawal from the EU.

(4) For the purposes of this Schedule a right under the law of England and Wales or Scotland is conferred whether or not it is in force.

4 (1) The table referred to in the definition of “workers’ retained EU rights” is as follows:

[Nick Thomas-Symonds]

As this is my first appearance at the Dispatch Box this year, I would like to thank my constituents for re-electing me and send all hon. and right hon. Members my very best wishes for 2020.

I draw attention to my relevant entries in the Register of Members’ Financial Interests regarding my support from trade unions.

We fully accept that, following the general election, we will be leaving the European Union on 31 January, but winning a mandate for that exit, as the Government have, does not give Ministers a free pass to avoid any scrutiny. The Government should be held to account between elections as well as at elections, and that is what the Opposition propose to do. We will continue to make the case in the post-Brexit United Kingdom for jobs and livelihoods, for environmental safeguards, for consumer protections and for employment rights, as we have over recent years.

New clause 2 is about protecting vital workers’ rights, and subsection (1)(a) would ensure that the Government cannot introduce measures that would, in any way, have the effect of reducing the protections provided on the day the transition period ends. We believe this must go further.

Subsection (1)(b) confirms that the Government, after our exit from the EU, will ensure that workers’ rights in the United Kingdom are, as a minimum, at the level they are in other EU member states. We also insist that the Government are held to account in Parliament on those objectives. The Government must never be allowed to sell out the workers of this country, and we will not let them off the hook. We will stand with those to whom this Government and the Prime Minister have made promises.

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

I welcome the hon. Gentleman’s tone and his acceptance of the result of the general election. In turn, will he accept that workers’ rights in the UK are greater than those enjoyed within the EU and that we do not need to be members of the EU in order to have them? Sick pay, maternity leave and the minimum wage are examples in this regard. Does he accept that those rights are already enhanced and that this sovereign Parliament guards them, not the EU?

[Nick Thomas-Symonds]

I am delighted to see the hon. Gentleman giving credit to past Labour Governments and their achievements, and he is absolutely right in what he says about the national minimum wage. We can go back even further and talk about the Health and Safety at Work etc. Act 1974, which was another fine achievement by a UK Labour Government. However, there are also rights whose genesis has been in European law, as we know if we talk to agency workers and think about the working time directive. We should be praising these things. Labour Members say they should be not only preserved but enhanced in future years, and that is what this new clause is all about.

I say to the hon. Gentleman that the Government’s record on workers’ rights is concerning to say the least. Let us consider the previous incarnation of this Bill, which was in October 2019. Schedule 4 to that Bill outlined that, first, a Minister would have to consult businesses and unions on the impact on workers’ rights of any new proposed legislation and then state formally how that would happen, and that, secondly, the Government would have to report regularly on any new EU directives. At the time, those proposals were described by the TUC general secretary as “meaningless procedural tricks”, which is why Labour Members tabled a similar amendment to the one before us today so that stronger protections would be in place. The position of the Government in October 2019 was weak on workers’ rights and now it is even weaker. If the Prime Minister cared so much, he would not have moved the provisions on this from the legally binding withdrawal agreement to the non-binding political declaration. Why bother to make that change if not to prepare the ground to make changes in the future? It was no surprise that the Government started off this Parliament indicating that they want to attack the right to strike in the transport sector.

None of those are the actions of a Government who want, as they claim, to

“protect and enhance workers’ rights as the UK leaves the EU”.

They are not the actions of a Government who want to make Britain the

“best place in the world to work.”

Let us not forget that the Conservative party is the party of employment tribunal fees, which were a barrier to those whose rights at work had been infringed and were seeking justice. The Government now ask for trust on workers’ rights, but their record on this bears no reasonable scrutiny. The Home Secretary, in the EU referendum campaign, talked of the

“burdens of the EU social and employment legislation”.

Another member of the Government said:

“The weight of employment regulation is now back-breaking: the collective redundancies directive, the atypical workers directive, the working time directive and a thousand more”.

Who said that? It was the man who now claims to be the workers’ friend, the Prime Minister himself. This Government cannot and will not be trusted on workers’ rights—rights that have been hard won over generations by the labour movement. That is why this new clause is needed in the Bill, in order to safeguard the millions of workers in this country who deserve our continuous protections of their rights. That is why the Opposition will press that new clause to a vote when the time comes.

New clause 3 sets out details about our future relationship, putting the protection of jobs and livelihoods at the very top of our priorities as we depart the EU. It sets out the arguments that have been made by the Opposition for some years now, arguments for a UK-wide customs union, with a say in external trade deals, for strong, high-quality single market access, and for ensuring that rights and protections—for workers, as I have mentioned, but in other areas too—in the UK never fall behind those across Europe. I also think of our manufacturing sector, where our exporters are currently benefiting from tariff-free access to the single market. In all our constituencies, whether through direct employment or the many supply chains that exist, workers and businesses will rightly look to this House to protect their interests going forward, and that is what we should do.

In the course of this Parliament, we will hold the Government to account on their record on jobs and investment. The basis upon which they secure the new relationship with the EU will have consequences for now and for decades to come. Parliament has lost its right to set a negotiating mandate, so that task now falls squarely on the shoulders of the Government. They will be judged on what they do and the impact it has on employment prospects up and down the land.

Subsection (1)(d) refers to participation in EU agencies, many of which have been debated in the course of our deliberations on Brexit in recent years. I wish to focus on and make some remarks about the issue of security, because in a digital age, when crime knows no borders, there are extraordinary new challenges in the task of keeping the public safe. Nobody can doubt the value of working together, and continuing to work together, on security with the EU and other international partners, but the Government have not yet produced a credible plan on how the current advantages we have—the current set of tools—will continue in the post-Brexit age.

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

My hon. Friend is making a crucial point. Although I agree with the other parts of the new clause on the customs union and the single market, security is an aspect that was largely lost in many of the debates that we had in the House, yet we members of the Home Affairs Committee regularly heard evidence from experts—from law enforcement agencies, the Metropolitan police and others—of the risks to our security of not getting a comprehensive security arrangement in place. Does my hon. Friend agree that we should listen to those experts and the Government should listen to them, too?

[Nick Thomas-Symonds]

My hon. Friend is absolutely right. I shall develop that point, because one issue is that the non-binding political declaration contains an aim for a broad, comprehensive and balanced security partnership, but that is currently just words on a piece of paper. We urgently need a plan. When the former Prime Minister spoke at the Munich security conference in February 2018, she spoke about a security treaty with the EU27, but we are still waiting for the planned architecture of that co-operation.

Let me give some specific examples. Things such as the European arrest warrant, Eurojust and Europol are critical to the successful investigation and extradition of wanted suspects or criminals. National Crime Agency statistics show how important this is. In the period from 2010 to 2016, the UK made 1,773 requests to member states for extradition under the European arrest warrant and received 48,776 requests from member states for extradition. Not only can the UK currently bring people to these shores to face justice, but we can send dangerous people to other countries to face legal proceedings.

It seems the Government have accepted the importance of the European arrest warrant. Their July 2018 White Paper said that

“the UK has arrested more than 12,000 individuals, and for every person arrested on an EAW issued by the UK, the UK arrests eight on EAWs issued by other Member States”.

That White Paper also showed the challenge that the Government face. It said:

“Existing extradition arrangements between the EU and third countries do not provide the same level of capability as the EAW.”

We cannot allow our capability to be diminished.

[Hannah Bardell (Livingston) (SNP)]

The hon. Gentleman is making an important point. Before the general election I produced a report with the all-party group on deaths abroad and consular services and assistance, which I chair. He may be aware that there are already significant challenges when our citizens die, get into trouble or are incarcerated abroad. All the officers and the people I have spoken to have said that Brexit is only going to compound those issues and make it more difficult for our citizens to get proper representation and support from the Foreign Office after Brexit; does the hon. Gentleman agree?

[Nick Thomas-Symonds]

The hon. Lady is absolutely right to highlight the challenges, which are precisely what I wish to come on to and develop.

Yesterday, I heard the Secretary of State for Exiting the European Union respond to an intervention by my hon. Friend the Member for Rhondda (Chris Bryant); my fear is that as yet the Government’s thinking just has not moved beyond the implementation period, which ends at the end of 2020. What happens after that is so important, because it will determine what our law enforcement agencies have in their armoury to deal with pan-European crime. It is an urgent task.

The issue of data sharing and continued data sharing is crucial. Were the UK ever to lose access to the EU’s security databases, information that today can be retrieved almost instantaneously could take days or weeks to access. That would create a significant hurdle to effective policing, to say the least.

On Europol, how do the Government see the future? Do they envisage full participation, or only observer status at board meetings? We just do not know. The fact that the situation is critical and the position wholly unsatisfactory is the fault of the Government and not of those who work in our security sector. After all, the UK makes a great contribution to European security. Through the Schengen information system—or SIS II as it is known—the UK is contributing to the sharing of real-time data on wanted criminals, missing persons and suspected terrorists, and that co-operation is beneficial to us all. The data shared in that database are used millions of times each year by UK police, and that surely must illustrate to all Members the profound risk of there being no long-term deal on security.

In conducting the negotiation, the Government must emphasise the UK’s contribution and the mutually beneficial nature of European co-operation in dealing with the most serious organised crime on our continent. I listened carefully to the new European Commission President today. She said that the threat of terrorism is real, and that we have to share the necessary information to stop terrorists crossing borders and attacking us. She is right. When we are fighting crime, we are better working to eradicate it collectively than working alone, and we need a formal legal basis to continue to do so. That is why new clause 3 is so important, and I commend it and new clause 2 to the House.

[Joanna Cherry]

I rise to give the support of the Scottish National party to the official Opposition’s new clause 2 and to speak to new clause 8, in the name of my right hon. Friend the Member for Ross, Skye and Lochaber (Ian Blackford); new clauses 50 and 51 and new schedule 1 in my name and those of some of my colleagues; and new clauses 45 and 46, in the names of SDLP Members.

I want to turn first to the issue of workers’ rights. What is being done in this Bill is very serious, which is why new clause 51 and new schedule 1 seek to reinstate the missing clause and schedule that were in the October version of this Bill. The Government have suggested that the substance of the deleted clauses will be covered in a separate employment Bill, but, as it has yet to be laid before Parliament, we are understandably suspicious given the history of these matters. It is simply not true or accurate to suggest that the United Kingdom has done a better job than the European Union in protecting workers’ rights. There are some respects in which the United Kingdom has progressed matters, and it is true to say that those came under a Labour Government, and I congratulate Labour on that.

--- Later in debate ---

[James Duddridge]

I thank my hon. Friend for his succinct contribution. He is entirely right to say that, on this issue, we will have the freedom to determine our future. New clause 2 would require the UK to negotiate to become, effectively, a rule-taker in perpetuity. We would be subject to EU employment rules with little or no influence over their development. The type of alignment envisaged in the new clause is not necessary to maintain high standards and protection for UK workers. This Parliament has set higher standards than those in many EU directives. For example, the UK’s race and sex discrimination protections and equal pay rights were decided before we entered the EU.

[Nick Thomas-Symonds]

I want to clarify what the Minister said about dynamic alignment. Is he saying that if rights were to be enhanced by the European Union, it would not be the Government’s intention to follow?

[James Duddridge]

No; that is not what I said, and our intention is not as the hon. Gentleman suggests. But it is for this Parliament to decide what it wants to do, rather than simply following what an outside body recommends.

European Union (Withdrawal Agreement) Bill

Nick Thomas-Symonds Excerpts

Consideration of Lords amendments & Ping Pong: House of Commons & Ping Pong
Wednesday 22nd January 2020 Commons Chamber

[Joanna Cherry]

I am grateful to the Secretary of State for giving way again. It is not that I desire more consultation, but that I want the British Government to take on board what the Scottish Government say—

[Nick Thomas-Symonds (Torfaen) (Lab)]

Effective consultation.

[Joanna Cherry]

Effective consultation, as the hon. Gentleman says.

As the Secretary of State will know well, the difficulty is that the Cabinet Secretary Michael Russell, the most senior Scottish Government official with whom the British Government deal, is clear: he is listened to if he is lucky, but they never take his advice on board.