European Union (Withdrawal) Bill

Vicky Ford Excerpts

Thursday 7th September 2017 Commons Chamber

[Keir Starmer]

I will press on. I know that Members want to intervene, but I heard what you said, Mr Speaker, about the number of Members who want to make speeches. I will take interventions at intervals, if that is satisfactory to the House.

Clause 7, “Dealing with deficiencies arising from withdrawal”, takes the same approach as clause 9, as does clause 8, “Complying with international obligations”. All those provisions are channelled into the negative procedure with the least possible scrutiny: they constitute a giant sidestep from parliamentary scrutiny on the most important issues of our day. But let me top it off. If you think that is bad—and I do—try clause 17. Subsection (1) states:

“A Minister of the Crown may by regulations make such provision as the Minister considers appropriate in consequence of this Act.”

So anything in consequence of the Act can be done under clause 17. Again, this is a proper, robust Henry VIII provision. Let us look at subsection (2). It states:

“The power to make regulations under subsection (1) may…be exercised by modifying any provision made by or under an enactment.”

That means amending primary legislation. In case anyone is in doubt, subsection (3) states:

“In subsection (2) “enactment” does not include primary legislation passed or made after the end of the Session in which this Act is passed.”

So the Government can amend any legislation whatsoever—primary legislation—including legislation in this Session. Everything in the Queen’s Speech that is coming down the track could be amended by delegated legislation under clause 17. I have never come across such a wide power, although I have come across consequential powers. The Secretary of State will no doubt point to other statutes that provide for not dissimilar powers; I have looked at them, but I have never seen one as wide as this.

Members should not just take my word for it. A minute ago, the Secretary of State said that no one could suggest that this was a legislative blank cheque for the Government. Let me read out what has been said by the Hansard Society—not a political body, not the Opposition, but the Hansard Society—about clause 17.

“Such an extensive power is hedged in by the fact that any provision must somehow relate to withdrawal from the EU, but given that this will arguably extend to every facet of national life, if granted it would, in effect, hand the government a legislative blank cheque.”

Those are the words of the Hansard Society.

[Vicky Ford (Chelmsford) (Con)]

Will the right hon. and learned Gentleman give way?

[Keir Starmer]

I will complete this part of my presentation, if I may.

What is the scope and extent of that legislative blank cheque? How many pieces of delegated legislation are we concerned with? As the Secretary of State said, the White Paper suggested that there would be between 800 and 1,000, the vast majority of which would be dealt with via the negative procedure route. I do not think that the White Paper could, or did, take into account the further instruments necessary to implement the withdrawal agreement, but there could be very many more—well over 1,000 pieces of delegated legislation, given the least possible scrutiny.

[Vicky Ford]

rose—

[Chris Philp (Croydon South) (Con)]

rose—

[Keir Starmer]

I will complete this point, and then I will give way.

I was glad to see that the Prime Minister was here earlier. Yesterday, during Prime Minister’s Question Time, she told the House that “the approach”—the Government’s approach to the Bill—

“has been endorsed by the House of Lords Constitution Committee.” —[Official Report, 6 September 2017; Vol. 628, c. 148.]

I read the report again last night, and I have doubts about that endorsement.

[Vicky Ford]

Will the right hon. and learned Gentleman give way?

[Keir Starmer]

When I have finished this point.

As the Prime Minister and the Secretary of State will know, this morning the House of Lords published a further report on the Bill, which reached the following conclusion:

“The executive powers conferred by the Bill are unprecedented and extraordinary and raise fundamental constitutional questions about the separation of powers between Parliament and Government.”

The report—published by the Committee that the Prime Minister prayed in aid yesterday—went on to say:

“The number, range and overlapping nature of the broad delegated powers…would fundamentally challenge the constitutional balance of powers between Parliament and Government and would represent a significant—and unacceptable—transfer of legal competence.”

Far from being an endorsement, that is an explicit and damning criticism of the Government’s approach.

--- Later in debate ---

[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—

[Anna Soubry]

rose—

--- Later in debate ---

[Keir Starmer]

If it did not come under clause 9, it would certainly come under clause 17.

[Vicky Ford]

rose—

[Keir Starmer]

I give way, and I apologise for giving way to the two Members in the wrong order.

[Vicky Ford]

As a new Member, I also looked at advice on how Parliament has looked at statutory instruments, and I, too, saw that the last time such instruments were annulled by this House was back in 1979. The issue then was the cost of paraffin, and I remember 1979 and the high cost of fuel; it was a significant issue. However, given that the Secretary of State has said in response to the intervention of my right hon. Friend the Member for Broxtowe (Anna Soubry) that he is prepared to consider a sifting process, which means serious issues do come back to this House, what is the right hon. and learned hon. Gentleman’s alternative—what is he proposing?

[Keir Starmer]

It is not as if this point is being made for the first time today: these are the points that have been made since the White Paper was published—the moment we dealt with it. That was in March, the Bill was published in July, and there have been numerous reports since then, and I raised at the time the significant issues I am raising now, and there has been no move from the Government.