European Union (Withdrawal) Bill

Debate between Stephen Lloyd and Dominic Grieve

Thursday 7th September 2017 Commons Chamber

[Mr Grieve]

Absolutely. I entirely agree with my right hon. Friend. These are all curable, and readily curable, with just a little bit of will.

There is another example on which we have already touched. EU law never used to be divided between primary and secondary legislation. Interestingly, it is all being treated as primary, which has the nice merit—I am sure that someone in Whitehall dreamed this up—that none of it would be susceptible to be quashed by a challenge under the Human Rights Act. That may not matter, but it is capable of causing unfairness when it is linked to the fact that the other area of challenge that would normally be available, which is a challenge because something is in breach of the general principles of EU law, has been delicately removed along with the charter of fundamental rights.

I hope that I may be forgiven for saying this about my right hon. Friend the Secretary of State. I have had some wonderful times with him—journalists once said of him that he used to stand up and club Labour Home Secretaries over the head and then I would come along and dissect them in public with a legal scalpel—but I just slightly detect that he was looking a bit like a fugitive as the legal scalpel started to move in on him. I do not know where that idea came from, but somebody will have to sort it out. We will have to do it at the Committee stage of the Bill. There are other examples that I could give, but I do not have the time to do so right now, so I shall leave them for the Committee stage in which I intend to participate actively.

Let me move to the Henry VIII clauses. The current situation is ridiculous. I recognise that there will have to be Henry VIII clauses. Of course we cannot carry out this massive revolutionary transformation by primary legislation alone, but we can ensure that we have the necessary safeguards in place. The most obvious one is to have an established parliamentary system of scrutiny to ensure that the different types of statutory instruments that will be needed are correctly farmed out. I have no doubt that my right hon. Friend is right that the vast majority of them will be technical and of very little account, but some will be extremely important and will need to be taken on the Floor of the House. We need to have a system in place to do that.

[Stephen Lloyd (Eastbourne) (LD)]

Will the right hon. and learned Gentleman give way?

[Mr Grieve]

No, I must make progress. There is another issue with Henry VIII clauses. We need to look at the ones we have, as some are much too widely drawn. For example, clause 7 talks about “any deficiency” in an EU measure. It is one thing to say that it is inoperable, but quite another to say that it is deficient. Frankly, I could find arguments to suggest that every single law in this country is deficient. I am afraid that these will have to be changed.

Finally, let me turn to the question of the programme motion. I have no objection to programme motions; they are very important and, in my view, a properly structured programme motion can work well. I am prepared to support the Government on such a motion as long as I have an assurance that, so long as it is not because of filibustering, if we run out of time we will get more. That is vital. With that, I wish the Bill well. I hope that I might be able to improve it and I look forward to being able to support the Government on Third Reading and bring this important constitutional measure to completion.