European Union (Withdrawal) Bill

Lord McKenzie of Luton Excerpts

2nd reading (Hansard - continued): House of Lords
Wednesday 31st January 2018 Lords Chamber

[Lord McKenzie of Luton (Lab)]

My Lords, we are in the final straight and much has been said already. Inevitably, our debate today and yesterday has not been strictly limited to the terms of the Bill, which has been described—correctly—as a technical process Bill, necessary to ensure a smooth and orderly transition out of the EU. I entirely accept the need for such a Bill, but it was not supposed to cause a rerun of the referendum debates, nor the Article 50 process. However, that debate has proved irresistible to some, including me.

Like many Members of your Lordships’ House, I voted remain in the referendum. I did this for a variety of reasons: most authoritative economic forecasts predicted higher growth if we stayed—a matter seemingly confirmed currently if press reports are to be believed—but principally because I am comfortable with the deep and special relationship that exists at the moment between the UK and other member states. It is a relationship where we work together to improve the economic, social, cultural and environmental well-being of some 740 million people—a relationship that, by and large, has fostered peace and prosperity.

I have not changed my mind since June 2016 and I have looked on with sadness and increasing anger as we stumble through the consequences of the decision to withdraw, undermining our standing in Europe and the world, with Ministers squabbling—making a nonsense of strong and stable government—and the internal wrangling of the Conservative Party failing to offer a vision for what they see as a post-Brexit world. With the benefit of hindsight, I consider that the referendum was an inappropriate mechanism to determine such a complex issue as our future relationship with the EU—certainly without thresholds and detailed impact assessments. Neither remainers nor Brexiteers could seriously have predicted the full range of consequences from and the complexity of leaving. I certainly did not.

Although we can lay this fateful approach at the feet of David Cameron, do we not bear some collective responsibility for not bringing greater challenge to this process? But we are where we are. A referendum was the decision mechanism offered to the voters and they are entitled to see it respected. However, this should not preclude them from having a chance for second thoughts when they have the detail of the negotiation outcome. How and when that second chance should be available, for how long we can assume Article 50 can be reversed, and whether the second chance should be by way of a further referendum or a general election will not be settled by this Bill. But either deserves at least consideration.

I support the approach to this Bill, which my party has argued should be an enabling measure and which should reinforce the Prime Minister’s commitment to hold a vote in Parliament before the European Parliament considers the agreement. I also support it seeking a temporary extension to participation in the single market and customs union on current terms—indeed, the longer, the better. Further, for myself, I hope that somewhere along the line we may find a way to offer the British public an opportunity to determine whether they wish to change their mind and remain in the EU, or at least the single market and the customs union.

So far as the Bill is concerned, as others have said, it is complex and dense and unconstitutional in parts. We should be grateful to the Select Committee on the Constitution for its formidable analysis which will better enable us to carry out our role to scrutinise and revise.

On points of detail, other noble Lords have already expressed concerns over what the future may hold for workers’ rights. In Committee, I propose in particular to pursue related matters of health and safety and enhanced protection for EU-derived rights. It is true that most EU-derived health and safety laws are already transposed and will therefore be retained, although the REACH provisions will need an equivalent UK version. But the change in the status of the health and safety provisions is that under these proposed arrangements they can in future be changed just by secondary legislation. Currently, they are underpinned by the European Communities Act 1972.

We can be proud of our health and safety record. As our briefing from the TUC records, EU standards have led to the introduction of broad duties on employers to evaluate, avoid and reduce workplace risk. EU directives have also led to safeguards in high-risk sectors such as construction. The health and safety system in the UK has been separately reviewed and broadly supported by a number of reports: the review of the noble Lord, Lord Young, Professor Löfstedt’s review and the HSE’s triennial review. We should acknowledge that the Government are on record as committing the UK to continue to guarantee health and safety regulations but, of course, we do not know who will be pulling the strings in the future. We do know from prior experience that some in the Conservative hierarchy have a deep antipathy to aspects of health and safety. We must keep a watchful eye on this and seek enhanced protections.

I conclude with a final observation. The project to withdraw from the EU and untangling more than 40 years of shared history is engaging a substantial national effort. Apparently, the brightest and best of the Civil Service are engaged on it, cross-government activity is enhanced, new legislation is kept to a minimum, the routine business of government is pushed to one side, parliamentary time is almost unlimited and, as we have seen over the last couple of days, record numbers of Peers are participating in our debates. This is as it should be in my view, but why on earth can we never seem to manage the same national effort and focus when we are dealing with the desperate needs of the homeless and the poor in our country?