Lord Hanson of Flint
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European Union (Withdrawal) Bill
Lord Hanson of Flint ExcerptsWednesday 15th November 2017
(6 years, 12 months ago)
Commons ChamberRead Full debate European Union (Withdrawal) Act 2018 View all European Union (Withdrawal) Act 2018 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Committee of the whole House Amendments as at 15 November 2017 - (15 Nov 2017)
Peter Kyle (Hove) (Lab)
The right hon. Lady and I have had our differences during my time in Parliament since 2015, particularly when she was a Business Minister. We had some vigorous debates and disagreements when I, as a member of the Business, Energy and Industrial Strategy Committee, challenged her about the steel industry and the industrial strategy, but I felt that she was always very respectful of my view and the strength with which I held it. Why were we able to have such vigorous but respectful debate over such policy issues, but Brexit seems to bring out the very worst in public discourse in this place and beyond?
The Temporary Chair (David Hanson)
Order. I know that Members feel strongly about this subject, but we are straying slightly from new clause 2.
Anna Soubry
I am desperate to get on with supporting new clause 22 and endorsing the excellent speech made by the hon. Member for Lewisham East (Heidi Alexander). Notwithstanding the referendum result, we all need to move on. When I stood for election in Broxtowe in June, I did so on the clear platform of accepting that we were leaving the European Union but continuing to make the case for the single market, the customs union and the positive benefits of immigration.
The reason why I say that with some conviction is that if we are all very honest about it, there is unfortunately every chance that we will not get anything like the sort of trade deal that we want. I have no doubt that we will get deals on security, aviation and so on, but the harsh and uncomfortable reality is that there is very little chance that we will actually get the sort of trade deal that we need to secure our country’s future. On that basis, the only alternative at the moment seems to be to crash out with no deal. I am not criticising the Government for making preparations for that eventuality, because it would be foolish of them not to do so, but I suggest that the idea that we will have either a deal or no deal is not the way to see it. We do not have just two options; there is a third option, which is for us to continue to be a member of the EEA and a member of EFTA.
I take this view, which I base on knocking on hundreds of doors during the election campaign and continuing to talk to my constituents when I go out leafleting and so on. I think that most people in the real world are absolutely fed up with all this. They have had enough of us all squabbling and moaning and groaning. It is unpleasant, and people are sick and tired of it. I think they take the view, “Look, you have all been elected to this place, and you have got a Government in place. For goodness’ sake, just get on and do it.” Now let us have a debate about what “it” is and how we do it for the very best in our country. Let us have that sort of debate. I think that we will be criticised for the fact that it has taken us so long to have that debate.
The Temporary Chair (David Hanson)
With this it will be convenient to discuss the following: Non-discrimination on ground of nationality Article 18 Citizenship rights Article 20 (except article 20(2)(c)) Rights of movement and residence deriving from EU citizenship Article 21(1) Establishes customs union, prohibition of customs duties, common external tariff Article 28 Prohibition on customs duties Article 30 Prohibition on quantitative restrictions on imports Article 34 Prohibition on quantitative restrictions on exports Article 35 Exception to quantitative restrictions Article 36 Prohibition on discrimination regarding the conditions under which goods are procured Article 37(1) and (2) Free movement of workers Article 45(1), (2) and (3) Freedom of establishment Article 49 Freedom to provide services Article 56 Services Article 57 Free movement of capital Article 63 Competition Article 101(1) Abuse of a dominant position Article 102 Public undertakings Article 106(1) and (2) State aid Article 107(1) Commission consideration of plans re: state aid Article 108(3) Internal taxation Article 110 Non-discrimination in indirect taxes Articles 111 to 113 Economic co-operation Articles 120 to 126 Equal pay Article 157 European Investment Bank (EIB) Article 308 (first and second sub-paragraphs) Combating fraud on the EU Article 325(1) and (2) Disclosure of information and national security Article 346 EIB Protocol 5 - Articles 3, 4, 5, 7(1), 13, 15, 18(4), 19(1) and (2), 20(2), 23(1) and (4), 26, 27 (second and third sub-paragraphs) Privileges and immunities of the EIB Protocol 7 - Article 21”.
New clause 60—Retention of principles of EU environmental law—
‘(1) On and after exit day the environmental principles of European Union law become principles of United Kingdom law in accordance with this section.
(2) The “environmental principles of EU law” are the principles set out in Article 191 of the Treaty on the Functioning of the European Union (the precautionary principle; the principle that preventive action should be taken; the principle that environmental damage should as a priority be rectified at source and that the polluter should pay).
(3) A court or tribunal interpreting or applying an enactment must, so far as it is possible to do so, construe or apply the enactment in a manner that is compatible with the environmental principles of EU law.
(4) A public authority must, in the exercise of its functions, have regard to the environmental principles of EU law.’
This new clause would ensure that after withdrawal from the EU, the environmental principles of EU law would be retained as part of UK law.
New clause 67—Environmental protection: principles under Article 191 of TFEU—
‘(1) Principles contained in Article 191 of TFEU in relation to environmental protection and listed in subsection (2) shall continue to be recognised and applied on and after exit day.
(2) The principles are—
(a) the precautionary principle as it relates to the environment,
(b) the principle that preventive action should be taken to avert environmental damage,
(c) the principle that environmental damage should as a priority be rectified at source, and
(d) the principle that the polluter should pay.’
This new clause would ensure that environmental principles under Article 191 of the Treaty on the Functioning of the European Union would continue to apply in the UK after exit day.
Amendment 93, in clause 4, page 2, line 45, leave out sub-paragraph (b).
The test set out at Clause 4(1)(a), that such rights are available in domestic law immediately before exit day, is sufficient for those rights to continue to be available following the UK’s exit from the EU.
Amendment 70, page 2, line 47, at end insert—
‘(1A) Rights, powers, liabilities, obligations, restrictions, remedies and procedures under subsection (1) shall include directly effective rights contained in the following Articles of, and Protocols to, the Treaty on the Functioning of the European Union—
Amendment 148, page 2, line 47, at end insert—
‘(1A) Rights, powers, liabilities, obligations, restrictions, remedies and procedures under subsection (1) shall include directly effective rights and obligations contained in the United Nations Convention on the Rights of the Child.”
This amendment would seek to preserve after exit from the EU any rights or obligations arising from the United Nations Convention on the Rights of the Child which applied in UK domestic law by virtue of its membership of the European Union.
Amendment 94, page 3, line 4, leave out paragraph (b).
Clause 4(2)(b) excludes rights arising under EU directives which are not recognised by the courts. This Amendment would remove Clause 4(2)(b) so that rights arising under EU directives (but not yet adjudicated on by the courts) are protected and continue to be available in UK courts.
Amendment 95, page 3, line 9, at end insert—
‘(4) Where, following the United Kingdom’s exit from the EU, no specific provision has been made in respect of an aspect of EU law applying to the UK or any part of the United Kingdom immediately prior to the United Kingdom’s exit from the EU, that aspect of EU law shall continue to be effective and enforceable in the United Kingdom with equivalent scope, purpose and effect as immediately before exit day.
(5) Where, following the United Kingdom’s exit from the EU, retained EU law is found to incorrectly or incompletely transpose the requirements of EU legislation in force on exit day, a Minister of the Crown shall make regulations made subject to an enhanced scrutiny procedure so as to ensure full transposition of the EU legislation.”
New subsection (4) deals with a situation where the UK has incorrectly implemented a directive. In cases of incorrect implementation, reliance on the EU directive may still be necessary. New subsection (5) would ensure that where the UK has not correctly or completely implemented EU law, prior to exit day, there will be a statutory obligation on Ministers to modify UK law to ensure that the relevant EU legislation is correctly and fully implemented.
Clause 4 stand part.
Amendment 149, in clause 7, page 6, line 18, at end insert—
“(g) make any provision which is not compliant with the United Nations Convention on the Rights of the Child.”
This amendment would seek to bar Ministers from making regulations under Clause 7 which are not compliant with the United Nations Convention on the Rights of the Child.
Amendment 350, page 6, line 18, at end insert—
“(g) fail to pay full regard to the welfare requirements of animals as sentient beings.”
This amendment holds Ministers to the animal welfare standards enshrined in Article 13 of the Treaty on the Functioning of the European Union.
Amendment 150, in clause 9, page 7, line 8, at end insert—
“(e) make any provision which is not compliant with the United Nations Convention on the Rights of the Child.”
This amendment would seek to bar Ministers from making regulations under Clause 9 which are not compliant with the United Nations Convention on the Rights of the Child.
New clause 34—United Nations Convention on the Rights of the Child—
‘(1) On exit day and on any day afterwards, a public authority must act in a way which is compatible with—
(a) Part I of the United Nations Convention on the Rights of the Child, and
(b) the Optional Protocols of the UNCRC to which the UK is a signatory state.
(2) So far as it is possible to do so, on exit day and on any day afterwards, primary legislation and subordinate legislation must be read and given effect in a way which is compatible with—
(a) Part I of the United Nations Convention on the Rights of the Child, and
(b) the Optional Protocols of the UNCRC to which the UK is a signatory state.
(3) On exit day and on any day afterwards, a Minister of the Crown must, when exercising any function relating to children, have due regard to the requirements of—
(a) Part I of the United Nations Convention on the Rights of the Child, and
(b) the Optional Protocols of the UNCRC to which the UK is a signatory state.
(4) A Minister of Crown shall undertake and publish a Child Rights Impact Assessment if the function relating to children under subsection (3) entails any of the following—
(a) formulation of a provision to be included in an enactment,
(b) formulation of a new policy, guidance or statement of practice, or
(c) change or review of an existing policy guidance or statement of practice.’
This new clause would require Ministers and public authorities, from exit day onwards, to act in such a way as to comply with the United Nations Convention on the Rights of the Child, and the optional protocols to which the UK is a signatory state.
New clause 36—United Nations Convention on the Rights of the Child (No. 2)—
‘(1) On exit day and on any day afterwards, a public authority must act in a way which is compatible with—
(a) Part I of the United Nations Convention on the Rights of the Child, and
(b) the Optional Protocols of the UNCRC to which the UK is a signatory state.
(2) So far as it is possible to do so, on exit day and on any day afterwards, primary legislation and subordinate legislation must be read and given effect in a way which is compatible with—
(a) Part I of the United Nations Convention on the Rights of the Child, and
(b) the Optional Protocols of the UNCRC to which the UK is a signatory state.
(3) On exit day and on any day afterwards, a Minister of the Crown must, when exercising any function relating to children, have due regard to the requirements of—
(a) Part I of the United Nations Convention on the Rights of the Child, and
(b) the Optional Protocols of the UNCRC to which the UK is a signatory state.’
This new clause would require Ministers and public authorities, from exit day onwards, to act in such a way as to comply with the United Nations Convention on the Rights of the Child, and the optional protocols to which the UK is a signatory state.
New clause 28—General Environmental Principles—
‘(1) In carrying out their duties and functions arising by virtue of this Act, public authorities must have regard to and apply the principles set out in this section.
(2) Any duty or function conferred on a public authority must be construed and have effect in a way that is compatible with the principles in this section and the aim of achieving a high level of environmental protection and improvement of the quality of the environment.
(3) The principles in this section are—
(a) the need to promote sustainable development in the UK and overseas;
(b) the need to contribute to preserving, protecting and improving the environment;
(c) the need to contribute to prudent and rational utilisation of natural resources;
(d) the need to promote measures at international level to deal with regional or worldwide environmental problems, and in particular combating climate change;
(e) the precautionary principle as it relates to the environment;
(f) the principle that preventive action should be taken to avert environmental damage;
(g) the principle that environmental damage should as a priority be rectified at source;
(h) the polluter pays principle;
(i) the principle that environmental protection requirements must be integrated into the definition and implementation of policies and activities, in particular with a view to promoting sustainable development.
(j) the need to guarantee participatory rights including access to information, public participation in decision making and access to justice in relation to environmental matters.
(together the “environmental principles“).
(4) In carrying out their duties and functions, public authorities shall take account of—
(a) available scientific and technical data;
(b) environmental benefits and costs of action or lack of action; and
(c) economic and social development.
(5) Public authorities, shall when making proposals concerning health, safety, environmental protection and consumer protection policy, take as a base a ·high level of protection, taking account in particular of any new development based on scientific facts.
(6) Subsection (7) applies in any proceedings in which a court or tribunal determines whether a provision of primary or subordinate legislation is compatible with the environmental principles.
(7) If the court is satisfied that the provision is incompatible with the environmental principles, it may make a declaration of that incompatibility.
(8) In formulating and implementing agriculture, fisheries, transport, research and technological development and space policies, public authorities shall pay full regard to the welfare requirements of animals as sentient beings, while respecting the administrative provisions and customs relating in particular to religious rites, cultural traditions and regional heritage.’
This new clause ensures that public authorities carrying out their duties arising by virtue of this act, must have regard to environmental principles currently enshrined in EU law.
Caroline Lucas
I am pleased to speak in support of new clause 30, which is in my name and those of many other hon. Members, as well as new clause 60 and amendments 93 to 95. I am hopeful of finding support across the House for new clause 30, on animal sentience, because I do not think it should be controversial.
By way of background, in 1997—20 years ago—the UK Government, during their presidency of the EU, convinced the then 14 other member states that EU law should explicitly recognise that animals were sentient beings, and not simply agricultural goods like bags of potatoes that could be maltreated with impunity. In other words, it was a recognition that, like us, animals are aware of their surroundings; that they have the capacity to feel pain, hunger, heat and cold; and that they are aware of what is happening to them and of their interaction with other animals, including humans.
The resulting protocol, which came into force in 1999, changed how animals were regarded and ensured that future EU legislation was not implemented on the basis of the lowest standards of animal welfare, but that it took animal sentience into account. That understanding has since informed more than 20 pieces of EU law on animal welfare, including the ban on sealskin imports, the ban on conventional battery cages and the ban on cosmetics testing on animals.
In 2009, the original protocol was incorporated into the Lisbon treaty as article 13 of title II. The Government have rightly and commendably committed to transferring all existing EU law on animal welfare into UK law under the Bill, but because the text of the Lisbon treaty is not transferred by the Bill, the wording of article 13 on animal sentience will not explicitly be incorporated into UK law. As things stand, despite having one of the longest-standing animal welfare laws in the world—something of which we are rightly proud—the UK has no legal instrument other than article 13 of the Lisbon treaty to provide that animals are sentient beings.