European Union (Withdrawal) Bill

(Committee: 3rd sitting: House of Commons)
David Hanson Excerpts
Tuesday 21st November 2017

(2 years, 8 months ago)

Commons Chamber
Read Full debate Bill Main Page
Ministry of Justice
Mr Mark Harper Portrait Mr Harper - Hansard

I accept that we should not take unnecessary risks, but it seems to me that we could deal with that. I confess that I am not completely across the content of the Data Protection Bill—I hope the right hon. Gentleman will forgive me—but it seems to me that we could make sure we deal with that concern in that Bill, and Ministers on the Treasury Bench will no doubt listen to that point.

My final point is about something that has been brought up on a number of occasions. One benefit I have from being on the Back Benches is that I do not feel the necessity to defend every aspect of Ministers’ behaviour, particularly things they did before they were Ministers. The case that keeps being cited—[Interruption.] The Ministers on the Front Bench are looking very worried now, because they do not know what I am about to say. I happen to think that the Secretary of State for Exiting the European Union was not correct in the case he brought against the Government, and I happen to think that the Prime Minister when she was Home Secretary was right to defend it.

We also dealt with any potential defects in the Data Retention and Investigatory Powers Act 2014 in the ground-breaking legislation this House passed more recently, the Investigatory Powers Act 2016. I am reasonably familiar with that legislation: I had to consider it when I was a member of the Government, and dealt with how we approached the House. The way we proceeded with that legislation was by bringing forward a Bill that was in good shape at the start of the process, and then having a very thorough scrutiny process across parties. The Opposition took a sensible, grown-up approach on it, because it was very important legislation. We dealt with the concerns, and that is the right way to proceed. This House is perfectly capable of dealing with such concerns, and this House is the right place to deal with them.

The Modern Slavery Act 2015 is a model for legislation to deal with people being kept in servitude, and, similarly, the Investigatory Powers Act is ground-breaking, world-leading legislation on how to balance individual freedoms and rights to privacy with the legitimate rights of the state to ensure it protects those citizens from those who will do us harm. This House and the other place got the balance right in that legislation, and we should have more confidence in the ability of ourselves as parliamentarians.

The hon. and learned Member for Edinburgh South West (Joanna Cherry), who speaks for the SNP, harrumphed a little a bit—she is not in her place to harrumph again, probably—when my right hon. Friend the Member for Wokingham (John Redwood) spoke about this House being the place where we guarantee those freedoms. She was not hugely impressed by that argument, but the two examples I have given show that we should have a bit more self-confidence about this House being the place where we defend those essential rights. I therefore commend the Bill in its present shape to the House and hope that hon. Members on both sides of the Committee do not press their new clauses and amendments to the vote.

The Temporary Chairman (David Hanson) Hansard

Order. I have no power to impose a time-limit in Committee, but I do have the power to advise. We have 20 hon. Members who wish to speak, and if we continue to have speeches of the current length, we will disappoint at least half of them. I therefore advise Members to try to keep the length of their speeches to between 10 and 12 minutes; that is a voluntary instruction.

Ellie Reeves Portrait Ellie Reeves (Lewisham West and Penge) (Lab) - Parliament Live - Hansard
21 Nov 2017, 4:54 p.m.

I rise to speak to new clause 79, which is in my name and those of my right hon. and hon. Friends and hon. Members from other parties.

First and foremost, I recognise that the UK has voted to leave the European Union. It is an outcome that I did not vote for, but it is the position in which we find ourselves. It is now incumbent on us to strengthen this legislation ahead of our exit from the Union. We can only achieve this fully by recognising what European integration has done for us over the past 40 years, and the ways in which we can help one another.

Before entering Parliament, I was an employment rights lawyer for many years. I represented trade unions and their members for 10 years. More recently, I ran my own business providing advice on maternity discrimination and flexible working to mums and families. So I know at first-hand how many of our employment rights come from Europe. As my explanatory statement points out, my new clause would ensure that Parliament was kept abreast of changes in EU provisions regarding family-friendly employment rights and gender equality, as well as committing the Government to considering their implementation.

It is clear that working parents and carers in the UK are struggling. The Modern Families Index 2017, which examined the lives of 2,750 working parents and carers, found that more than a third of working families say that they do not have enough time or money for their family to thrive. Half of parents agreed that their work-life balance was increasingly a source of stress. A third said that work had a negative effect on their relationship with their partner, and a quarter said that it led to rows with their children. One in 10 parents would consider resigning from work without having another job to go to. Research by the Equality and Human Rights Commission shows that 54,000 new mothers in Britain may be forced out of their jobs each year as a result of pregnancy and maternity discrimination. The Fawcett Society, Working Families—the work-life balance charity—and trade unions, among others, continually fight to protect against these types of discrimination.

We have a collective responsibility to ensure that we help to protect the rights of workers and employees amid the cut and thrust of the Brexit negotiations. People voted to leave the EU for many varied reasons, but they did not vote to be worse off. Our laws on these matters must be no less favourable than they would have been had the UK remained a member of the EU beyond exit day. Indeed, the EU may well go on to legislate in ways with which we do not agree. The wording of new clause 79 is clear; it is there to inform, not to commit.

As many of my hon. Friends pointed out during the previous Committee sitting, we must make every effort to keep this House fully aware of the advancements that occur in Europe. To be clear, the new clause is not about binding the UK into implementing future EU directives in the family-friendly employment and gender equality space. Rather, it would ensure that Parliament was informed of any developments and would commit the Government to considering their implementation.

In the Prime Minister’s Florence speech, she signalled that the UK and the EU will continue to support each other as we navigate through Brexit. I have much to say on the work that we have collectively achieved in Europe, strengthening workers’ rights, maternity rights and employment practices. For example: the 1976 equal treatment directive established the principle of equal treatment for men and women in access to jobs, training and working conditions; the 1992 pregnant workers directive provided for statutory maternity leave, protected the health and safety of pregnant workers and breastfeeding mothers, prohibited dismissal due to pregnancy or maternity, and introduced paid time off for antenatal care; the 1993 working time directive provided a maximum 48-hour working week, and the right to rest periods and paid holiday; the 1996 parental leave directive provided for the right to unpaid parental leave, as well as time off for dependants; and the 1997 part-time work directive prevented part-time workers from being treated less favourably than full-time employees. All these measures have helped to improve the work-life balance and family-friendly employment rights in the UK, and it is vital that we do not fall behind Europe in the years ahead. To dismiss the last four decades of progress without looking to the future would set a dangerous precedent, which fills me with deep concern.

Break in Debate

Mr Geoffrey Cox Portrait Mr Cox - Hansard
21 Nov 2017, 5:50 p.m.

No, no. [Interruption.]

The Temporary Chair (David Hanson) Hansard
21 Nov 2017, 5:50 p.m.

Order. The hon. and learned Gentleman is not giving way.

Mr Geoffrey Cox Portrait Mr Cox - Hansard
21 Nov 2017, 5:51 p.m.

The point is that these broad and general rights are ripe with value judgments. Quite often, they are not appropriately dealt with by six or seven elderly white judges in a Supreme Court; they are better resolved on the Floor of this House and by a democratic vote in this Parliament.