European Union (Withdrawal) Bill

John Bercow Excerpts

Thursday 7th September 2017 Commons Chamber

[Joanna Cherry]

Following on from the point made by the right hon. and learned Member for Beaconsfield (Mr Grieve), the Secretary of State has asked for concrete examples of rights that will be lost to UK citizens as a result of the Act, so I would like to give him one and ask for his undertaking that he will amend the Act to make sure that this right will not be lost.

Earlier this summer, a man called John Walker relied on EU equality law to bring his successful challenge to a loophole in UK law whereby employers could refuse to pay same-sex partners the same pension benefits as those paid to heterosexual couples if the funds were paid in before December 2005. The Supreme Court—our Supreme Court, not the European Court of Justice—agreed that there was a loophole in UK law that was a violation of the general principles of non-discrimination in EU law. Mr Walker was able to use his right of action under the general principles of EU law to close that loophole, so that he and his husband could enjoy the same rights as a heterosexual couple. That would not be possible under this Bill, because, as the right hon. and learned Gentleman said—

[Mr Speaker]

Order. This is a very lawyerly intervention, which is not altogether surprising in view of its genesis, but I am looking for the question mark.

[Joanna Cherry]

I am coming to the question, Mr Speaker, but the Secretary of State asked for examples. A challenge such as the one I have described would not be possible under this Bill, because there will be no right to sue. Will the Secretary of State give an undertaking that he will close this loophole in the Bill if we bring forward an appropriate amendment?

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[Mr Davis]

No, I will not give way at the moment.

The Bill gives time for us to work with the devolved Administrations to determine where we will continue to need common frameworks in the future. Crucially, it will not create unnecessary short-term change that negatively affects people or businesses. Before the summer recess, my right hon. Friend the First Secretary of State wrote to the Scottish and Welsh Governments to begin intensive discussions about where common frameworks are and are not needed. In the current absence of a Northern Ireland Executive, equivalent engagement has taken place at official level with the Northern Ireland civil service. We will bring forward further detail on the process underpinning these discussions in due course for Parliament to decide on.

Certainty in devolved legislation affected by EU exit is also vital. The key delegated powers in this Bill are conferred on the devolved Administrations so that the task of preparing the devolved statute books for exit can rightly be led from Scotland, Wales and Northern Ireland.

The Government are committed to ensuring the powers work for the Administrations and legislatures. For instance, I have already confirmed that we will always consult the Administrations on corrections made to direct EU law relating to otherwise devolved areas of competence. I firmly believe that the outcome of this process will be a significant increase in the decision-making powers of each devolved Administration and legislature. It will mean that decisions and powers sit in the right place and closer to people than ever before. Crucially, the Bill means that our UK businesses and citizens have confidence and certainty that the laws will allow them to live and operate across the UK as we exit the EU.

As the Prime Minister said in January, the historic decision taken by the British people in June last year was not a rejection of the common values and history we share with the EU but a reflection of the desire of British people to control our own laws and ensure that they reflect the country and the people we want to be. The Bill is an essential building block. It lays the foundation for a functioning statute book on the basis of which future policies and laws can be debated and altered. The Bill itself is not the place for those substantive changes to the frameworks we will inherit from the EU—we will have many more opportunities to debate those, both before and after we leave.

I hope that all Members on both sides of the House will recognise that we are acting responsibly in leaving the EU by prioritising, first and foremost, a functioning statute book. In bringing forward the Bill, we are ensuring the smoothest possible exit from the EU—an exit that enables the continued stability of the UK’s legal system and maximises certainty for businesses, consumers and individuals across the UK. As we exit the EU and seek a new deep and special partnership with the EU, the Bill will ensure that we do so with the same standards and rules. In the Bill, we are not rejecting EU law but embracing the work done between member states over 40 years of membership so that we might build on that solid foundation once we return to being masters of our own laws. I hope that everyone in the House recognises the Bill’s essential nature: it is the foundation on which we will legislate for years to come.

We have seen this morning the Opposition’s reasoned amendment. I have just emphasised the critical nature of the Bill. A vote for the Leader of the Opposition’s amendment is a vote against the Bill, a vote for a chaotic exit from the EU. It suggests that the Bill provides a blank cheque to Ministers. That is a fundamental misrepresentation of Parliament and our democratic process. Using the Bill’s powers does not mean avoiding parliamentary scrutiny. Secondary legislation is still subject to parliamentary oversight and well established procedures. In no way does it provide unchecked unilateral powers to the Government.

The Government agree that EU exit cannot, and will not, lead to weaker rights and protections in the UK, as I have just said to hon. Members. We have been clear that we want to ensure that workers’ rights are protected and enhanced as we leave the EU. The Bill provides for existing legislation in this area to be retained. After we leave the EU, it will be for Parliament to determine the proper level of rights protection. On devolution, I have just explained in detail the approach we will take.

Finally, the argument that the Bill undermines any particular approach to the interim or transitional period for the implementation of our new arrangements with the EU is completely wrong. It will provide a clear basis for our negotiations by ensuring continuity and clarity in our laws without prejudicing those ongoing negotiations. Without the Bill, a smooth and orderly exit is impossible. We cannot await the completion of negotiations before ensuring this legal certainty and continuity at the point of our exit. To do so, or to delay or oppose the Bill, would be reckless in the extreme.

I have in the past witnessed the Labour party on European business take the most cynical and unprincipled approach to legislation I have ever seen. It is now attempting to do the same today. The British people will not forgive Labour if its end is to delay or destroy the process by which we leave the EU.

[Mr Speaker]

I must inform the House that I have selected the amendment in the name of the Leader of the Opposition. I remind the House that Front-Bench speakers can speak without a time limit but must be sensitive to the number of people who wish to intervene on them. I merely note—colleagues can make their own assessment—that on current progress probably somewhat fewer than half of those who wish to speak today will be able to do so. Colleagues obviously need to help each other.

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[Hon. Members]

Hurray!

[Mr Speaker]

Order. I think we can short-circuit this. The hon. Member for North East Somerset has often been noted to observe that the 18th century is altogether too recent for him.

[Vicky Ford]

rose—

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[Peter Grant]

Absolutely—that is what devolution means; if the powers are currently devolved, they should remain devolved.

If we cannot trust the Tories to keep their word on something as simple as arranging a joint meeting of Ministers, nobody in any of the devolved nations can trust their assurances that the draconian new powers in this Bill will not be abused. Our experience of promises from the Tories suggests we cannot take them at their word unless the legislation is nailed down so tightly that they have no wriggle room to go back on their word.

We have heard a lot of rhetoric about some issues needing a “UK-wide approach”. I wonder how the UK-wide approach to agriculture, animal welfare and food standards is going to work in Northern Ireland, because regardless of what the legislative or constitutional position will be, the matter of business survival means that the food industry in Northern Ireland will follow the same standards as are followed in the Republic of Ireland—the same standards as apply in the EU will be followed. So we are talking about different animal welfare standards in Northern Ireland from those in the rest of the UK, and I cannot really see how that is working.

What a UK-wide approach has been shown to mean in practice is that the Prime Minister and a few hand-picked colleagues get the right to dictate to the peoples of these islands and to our elected Governments. For example, the need for a “UK-wide approach” led to Scotland’s fishing industry being sold out by the British Government when we first joined the EU and there is a serious danger that it will lead to those fishermen being sold out yet again as part of the process of leaving.

My second concern is about the all-encompassing powers set out in clause 9, which was superbly torn to shreds by the shadow Secretary of State a few minutes ago. One of the Prime Minister’s own Back Benchers, the right hon. Member for Broxtowe (Anna Soubry), described this on Wednesday as an “unprecedented power grab”, and there is no other way it can be described; 649 elected MPs will be expected to stand by and watch while a single Minister, with a single signature, can make new legislation. This includes the right to make legislation that should require an Act of this Parliament. The only requirement there will be on the Minister is that she or he thinks the legislation is a good idea. When we have Ministers who think that welching on the Dubs amendment and introducing the rape clause were good ideas, I am looking for a slightly harder test than a Tory Minister thinking that something is a good idea.

These new powers are often referred to as Henry VIII powers. Henry VIII was a despot with no interest in democracy, who thought Scotland and Wales were just places to be conquered and trampled on, so perhaps this is not such a bad name for something this Government are doing, but using that nickname hides the danger of these proposed powers. Despite his murderous deeds, a lot of people see Henry VIII as a figure of fun and pantomime villain—someone who even got to star in a “Carry On” film. But the fact is that the powers in this Bill are more “Nineteen Eighty-Four” than “Carry On Henry”. The powers that bear his name are anything but funny. They represent a significant erosion of parliamentary democracy; indeed to those Members here who believe in the doctrine of parliamentary sovereignty, I say that the powers in this Bill are utterly incompatible with that idea. This is not about taking back control to Parliament and resuming parliamentary sovereignty for those nations of the UK where parliamentary sovereignty exists. This Bill threatens to destroy it, once and for all. The powers are designed to allow Ministers to bypass all pretexts of parliamentary scrutiny. It is even possible that we could see an Act of Parliament receive Royal Assent one day and then be repealed by a Minister the next, simply because they thought it was a good idea.

The Government will argue that delegated powers are an essential part of modern government, and I agree. We do not have an issue with the principle of using delegated legislation. We do have an issue with allowing delegated legislation to be abused in order to bypass proper scrutiny. The only way this House can be satisfied that the powers will not be abused is if the Bill is reworded to make it impossible for them to be abused in that way.

The third significant weakness in the Bill has been touched on and it relates to our membership of the biggest trade agreement in the world. We are going to throw that away. We are talking about the loss of 80,000 jobs in Scotland and the loss of £11 billion per year coming into our economy as a result. The figures for the rest of the UK will be proportionate to that. This is being done simply to pacify the extreme right wing of the Conservative party and their allies, whose obsession with the number of immigrants has blinded them to the massive social and economic benefits that these EU nationals have brought to my constituency and, I suspect, to every constituency in the UK. The sheer immorality of the isolationist, xenophobic approach that the Conservatives are trying to drag us down is there for all to see, but it is not just immoral—it is daft. It threatens to destroy our economy. Already we are seeing key sectors in industry and key public sector providers struggling to recruit the staff they need. It was reported a week or two ago that a private recruitment firm is being offered £200 million just to go to persuade workers to come to the UK to work in our health service. I have a hospital in my constituency that we could rebuild for £200 million quite comfortably, yet this money is going to be handed to a private firm to try to undo some of the damage that has been done by the Government’s obsession with the immigration numbers. With the collapsing pound making British wages are worth a lot less to European workers than they were before, with the anti-European rhetoric and hysteria that we still get from Government Members and with the Government still refusing to give European nationals the absolute, unconditional and permanent guarantees that they deserve if they choose to come and live here, those recruitment difficulties are going to become much, much worse before they get any better. The Secretary of State wants our EU partners to be innovative, imaginative and flexible. I urge him to apply these same qualities to his Government’s attitude to membership of the single market.

I have mentioned the plight of EU nationals, and another major concern, which again has been raised, particularly by the shadow Secretary of State, is that this Bill threatens to undermine the rights of not only EU nationals but of everyone, regardless of their nationality or citizenship, who lives on these islands. I hear the promises from the Government, but we have had promises from this Government before. They are not worth the paper they are written on, even if they are not written down on paper at all.

At yesterday’s Prime Minister’s questions we had the usual charade of a Tory Back Bencher asking a planted question so that the Prime Minister could confirm how successful the Government have been in bringing down unemployment. She went so far as to say that unemployment in the UK is at its lowest for more than four decades, so let us just think about that. The Prime Minister is telling us that unemployment is lower now than it was when we went into the European Union and the single market. How can the Conservative party boast about having almost done away with unemployment altogether and then say that immigrants are to blame for the huge unemployment problem? The fact is that the free movement of people—free movement of workers—and membership of the single market has not caused unemployment; it has caused employment. It has benefited our economy and helped our businesses to thrive. It keeps schools open in places where they would otherwise have closed. All the evidence suggests that the most successful, wealthiest and happiest countries in the world—those with the highest standard of living, whether material or in the things that really matter, are countries that are open and inclusive. The Government are trying to move us away from that to become one of the most isolationist and isolated economies in the world. Only five countries are not part of a trade agreement, but none of them is a country we would want to see as an example.

The Government’s mantra on Brexit has been about taking back control, but that will not happen—at least not in the way that the people who voted to leave hoped it would happen—because it is not about taking back control to the 650 people who collectively hold a democratic mandate from our constituents to represent them; it is about taking back control from this Parliament and putting it into the hands of a few Ministers. It is about taking back control from the devolved and elected national Parliaments and Assemblies of Scotland, Wales and Northern Ireland and putting it into the hands of a few chosen Members of a political party that cannot get elected into government in Scotland, Wales or Northern Ireland. The Bill allows Ministers to usurp the authority of Parliament and gives them absolute power to override the will of Parliament.

A lot has been said about the UK Government’s red lines in the Brexit negotiations, and I will give the Minister one red line from the sovereign people of Scotland: our sovereignty is not for sale today and will not be for sale at any future time—not to anyone and not at any price. The Bill seeks to take sovereignty from us, probably more than any Bill presented to this Parliament since we were dragged into it more than 300 years ago. That is why I urge every MP who claims to act on behalf of the people of Scotland, who believes in the sovereignty of the people and who believes in the sovereignty of democratic institutions to vote with us and against the Bill on Monday night.

[Mr Speaker]

Order. A 10-minute limit on Back-Bench speeches will now apply.

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[Ruth George]

I am very surprised that the right hon. Gentleman is saying how delighted he is that so many rights and responsibilities will now come under delegated legislation. I am not sure if he recalls that on 1 September 2012, as a member of the Delegated Legislation Committee on the criminal injuries compensation scheme, he, with all the other Conservative members of the Committee, called for the then Minister to withdraw the measure before them, and that did not happen. A second Committee was set up—

[Mr Speaker]

Order. Forgive me, but colleagues must have some regard to each other’s interests. There are a lot of people wanting to speak. Interventions must be brief; they should not be mini-speeches.

[John Redwood]

Let us come to the secondary legislation point. First, all statutory instruments are subject to a parliamentary process. I am quite happy that there is parliamentary control. If Ministers seek to abuse the power under the legislation that they are offering to the House, then all the House has to do is to vote down the statutory instrument. If it is a so-called negative resolution instrument, surely the Opposition are up to being able to say, “We intend to debate and vote on this issue.” I remember doing that as a shadow Cabinet member. I called in things that the then Government were trying to smuggle through and made sure that there was a debate and a vote. If it is the view of Parliament that Ministers have misbehaved, then they will lose the vote and have to come forward with something else.

That is parliamentary democracy, and I do not understand why my colleagues find it so difficult to understand. Ministers will be bringing forward bits of secondary legislation in areas where they are fairly sure that it is the will of the House that they go through because they are technical, or sensible, or obvious. They will all be in pursuit of the fundamental aim, which is to guarantee all these rights and laws, which are often more admired by Opposition Members than Conservative Members, but which we have all agreed should be transferred lock, stock and barrel, and which in certain cases are protected by pledges in manifestos. For example, my party, as well as the Labour party, has promised to keep all the employment protections and improve on them, because that is something we believe in. We offered that to the British people as part of our manifesto for the last election.

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[Several hon. Members rose—]

[Mr Speaker]

Order. Immediately after the next speaker, the time limit on Back-Bench speeches will be reduced to five minutes.

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[Several hon. Members rose—]

[Mr Speaker]

Order. The five-minute limit on Back-Bench speeches will now apply.

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[Rosie Duffield (Canterbury) (Lab)]

It is a great privilege to make my maiden speech as part of this special and important debate. Many people—especially me—were completely stunned on the morning of 9 June to wake up and find that a new red dot had appeared on the previously entirely blue political map of Kent. I am still recovering from the shock, but am also determined to bring as much positive difference as I possibly can during my time in this place.

Before I speak a little more about my constituency, I want to mention the so-called “trolling” of my, mostly female, colleagues over the summer. I have already experienced a fair amount of trolling myself. This ranges from ill-informed, badly researched articles published as fact to unpleasant personal messages late at night, and vile, vitriolic insults from a small, but persistent, handful of activists from other parties posted online.

I acknowledge the efforts being made by the inspirational women in Parliament who are working hard to raise this issue and are fighting against it even though that usually results in much more abuse being thrown their way. I want to make special mention of my friend, the Newham councillor Seyi Akiwowo, who has endured, fought back against and now campaigns against the lowest form of racial abuse; and, of course, Labour’s shadow Home Secretary, who has shown incredible dignity and remarkable strength in the face of the most unacceptable and disgusting abuse over her decades in this House.

Groups such as Glitch UK and Reclaim the Internet, led by my colleague my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper) and many of my other friends and colleagues in this House, are deserving of our support. We must continue to fight against this and highlight the problem; it is entirely possible to engage in passionate political debate without resorting to name-calling, death threats and abusive language. Let us restore respect and manners to our online behaviour.

As the first woman ever to have been elected in Canterbury and as a single mother, I want to be a champion for equality not only for women, but for the disabled, people of every ethnic and racial background, the young and the old, the LGBT community and people of all faiths and none. It is a scandal that in this day and age there is still inequality in pay and discrimination in many forms. All such prejudice has no place in our society; I will challenge and fight it wherever I find it.

My constituency, Canterbury, is famous as a place of pilgrimage. It is also known as part of the garden of England. Today, as we sit here in the Palace of Westminster, the farms surrounding my constituency are filled with apples, hops and plum trees. In some ways, nothing has changed since Chaucer and his pilgrims went walking through those same fields, but in many ways, everything has. In those fields today, many of the fruit pickers are European. Every day, in the streets of my city and the nearby seaside town of Whitstable, we hear European languages being spoken by schoolchildren visiting from France, Spain, Germany and Belgium.

At the top of the hill that overlooks Canterbury city lies the University of Kent, which prides itself on being the UK’s European university, and standing outside the nave doors of Canterbury cathedral, you are closer to Paris than you are to Sheffield. This is just my way of emphasising how much the Canterbury constituency has benefited, and continues to benefit, from economic and cultural exchange with our European neighbours. It is undoubtedly true that the Kent economy has benefited from immigration and tourism from across the channel, and we hope to continue to do so well into the future.

If there must be a Brexit, I want only the sort of Brexit that protects the rights of EU nationals to work in the UK, that promotes trade across borders and that is proud of our many students and academics who come here to study from across the world. For example, we want to continue to welcome the foreign doctors, nurses and other healthcare professionals who have worked in our hospitals. There is real anxiety in the constituency I now represent about the future of our local NHS and, in particular, the Kent and Canterbury Hospital. Over the past decade, it has lost vital services. We now have absolutely no A&E, and the maternity unit, which gave me such wonderful care when I had my two boys, has gone. Only a few months ago, the K and C lost three major services—those covering heart attacks, stroke and pneumonia.

But let us remember that the threat to our hospital is not happening in isolation. The problems facing our NHS arise from Government policies affecting the whole of England. The first of these is budget cuts. Our local hospital trust does not have a deficit of £40 million because of overspending; it is caused by underfunding. Putting the shackles of austerity on to an already weakened NHS is a deliberate political choice made by this Government.

I must speak up to save our nation’s sickest patient, because that is what the NHS is. Our NHS is the nation’s sickest patient, and the Government must be careful that, while burying their heads in Brexit, they do not leave her to die. Yesterday, I was out in Parliament Square supporting NHS staff and other public sector workers who are having to resort to protest in the face of the ongoing pay cap. Some nurses I speak to regularly are having to rely on food banks. What sort of country is this, when we cannot look after the very people who look after us?

In around 1370, long before he wrote “The Canterbury Tales”, Geoffrey Chaucer was sent to Italy by the King to negotiate a trade agreement between Genoa and England. Historical documents show that it was a very successful trade agreement indeed. I can only wish that our current Brexit negotiations with the EU will be as successful. You would think that after nearly 650 years, we would have picked up a tip or two! I hope the current Government are listening to the whispers of history, and indeed to today’s shouts from up and down the United Kingdom. People want a good deal. They do not want no deal; this is not a television game show with a snappy title. We must come out with a deal that does not send us back into the economic dark ages.

As is the tradition in maiden speeches, I would like to thank my predecessor, Sir Julian Brazier, who served the people of Canterbury well as their Member of Parliament for 30 years—some 10,955 days. I am sure that Members on both sides of the House will acknowledge what a remarkable act of dedication and service that was. He and I fundamentally disagreed on many issues, such as equal marriage, Brexit and a woman’s right to choose, but I sincerely wish Sir Julian well for the future.

I love Canterbury. I love her surrounding villages such as Littlebourne, Chartham, Blean and Bridge. I love the working harbour of Whitstable and the pebbles of the surrounding Kent coast. I am humbled by the people of my constituency putting their trust in me, and I want to work hard for all the people in my area. I believe in unity and togetherness, and that love and trust can transcend borders. I believe in progressive and thoughtful socialism in which we work for and think of our neighbours without prejudice. Thank you for listening, Mr. Speaker, and for allowing me to have my first moments fighting for the people who elected me. I will not let them down.

[Mr Speaker]

Thank you; many congratulations to the hon. Lady. The five-minute time limit is now restored.