Assisted Dying
Paul Blomfield Excerpts(1 year, 9 months ago)
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Paul Blomfield (Sheffield Central) (Lab)
I pay tribute to the 155,000 people who signed the petition prompting today’s debate and to my hon. Friend the Member for Gower (Tonia Antoniazzi) for the way she introduced it.
It is an extraordinary coincidence, but today is the 11th anniversary of my father’s death—more extraordinary, because the last time the Commons debated assisted dying on the Floor of the House was the eighth anniversary of his death. Like an estimated 300 people in the UK every year, he took his life after a terminal diagnosis. Although I still find it difficult to talk about, I want to share his story today, because he would have wanted me to, and because his experience echoes that of so many others and informs a central issue in our discussion. Inevitably, the debate on providing choice at the end of life often focuses on the impact of the change that is being proposed, but I think we should start from a different place: by looking at the existing law and recognising the pain it causes, and the way it forces so many into desperate and premature deaths.
Eleven years ago today—also a Monday—I got a phone call here: he had been found dead in his garage. I had spoken to him the previous night on the phone as I walked through St James’s Park. An ordinary conversation that gave me no inkling of his plan. But later he obviously tidied up his belongings, left some small piles of money to settle bills with—with the newsagent and one or two others—and wrote some final notes. He then walked to the garage, connected a hosepipe from his car exhaust into the car, took an overdose and switched on the engine.
I was shocked and clearly still struggle with it, but I should not have been surprised, because he had always believed that the law should be changed to allow assisted dying. And let us be clear—we should be very clear about the terms we use—my dad was not suicidal. He loved life; he was 87. But at that age he had inevitably watched many of his friends go, often miserably—horrific deaths. He talked with me about their last days and he had always been clear that he would rather end things than face a lingering and degrading death, but I still was not expecting it.
He was somebody who had made the most of life. He had a tough east-end upbringing, became an RAF pilot during the war and built a successful business career. He had had his share of health problems, but he faced them all positively, until a terminal diagnosis of inoperable lung cancer clearly led to his decision to take his life. He could not talk to me or his partner about it, because he would have made us complicit. The current law forced my father into a lonely decision and a lonely death. And he died prematurely, because I am sure that what drove him to end his life at that point was the fear that if he did not act when he was still able to do so, he would lose the opportunity to act at all.
Karin Smyth
My hon. Friend is making a very powerful speech. I am grateful to him for sharing his story with us again. What he exemplifies is the wider impact on the family. Families are loving places to be for most people, and the impact goes on for a number of years. The inability to have those conversations with family is one of the things that my hon. Friend is highlighting for us today. The current law inhibits honest conversations in families to help a more supportive situation to go forward. I think that is something we should all take with us this afternoon.
Paul Blomfield
I thank my hon. Friend for that intervention. She is absolutely right, and I appreciate the breathing space that she has given me.
Some people have already said in this debate that we simply need to improve end-of-life care. We should, and I say to the hon. Member for Devizes (Danny Kruger), contrary to his comments, that many of those states, for example in Australia, that have introduced assisted dying have, at exactly the same time, substantially increased the amount of money spent on palliative care. We should do that, but it would not have changed my dad’s decision. He supported our local hospice. I have raised funds for it. It does a great job. But no hospice can enable everybody to die with the dignity that they would want.
Indeed, for my father, it was soon after his appointment with the palliative care nurse, where together they talked about his last months and how that would pan out, that he took the decision to end his life. My hon. Friend the Member for Bristol South (Karin Smyth) alluded to the fact that, if the law had made it possible, he could have shared his plans with us. And knowing that he could, with support, go at the time of his choosing would have enabled him to stay longer. If the law had made it possible, he would have been able to say goodbye and go with his family around him, not in a carbon monoxide-filled garage. He deserved better and many others like him deserve better. And we, here, can make that possible. We simply need to change the law, as the overwhelming majority of the British people want.
I appreciate that there are those whose personal belief makes my father’s choice unacceptable. I respect those beliefs. Live your life by them. But do not impose them on others. Let people have the choice at the end of their lives. Allow them the dignity in dying that we would want to give them during their life.
Oral Answers to Questions
Paul Blomfield Excerpts(2 years, 10 months ago)
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Paul Blomfield (Sheffield Central) (Lab)
The Parliamentary Under-Secretary of State for Justice (Alex Chalk)
We recognise and share public concern over abuses of new technology to harm victims, and we are taking action. Today, new provisions on threatening to share private sexual images come into force, and we are going further. We have asked the Law Commission to review the law on image abuse to ensure that victims are properly protected. The commission will publish recommendations in spring next year, and we will consider them very carefully.
Paul Blomfield [V]
My constituent Helen Mort had the appalling experience of finding out that someone unknown to her had taken ordinary images from her social media and superimposed them on violent and extreme pornography. These were not intimate images, but they were used to create deepfakes. When she went to the police, she was told that there was no crime to investigate as the original images were not private. The Law Commission’s review, to which the Minister refers, proposes extending the criminalisation of sharing intimate images to include deepfakes. Will the Minister ensure that the Government respond positively and quickly to those proposals so that people like Helen are protected in the future?
Alex Chalk
I am very grateful to the hon. Gentleman for raising that harrowing case. He is absolutely right to do so. We recognise that the law needs to keep pace with those who would use technology to perpetrate dreadful abuse. We have asked the Law Commission to act, as he indicated. It is doing so at pace, and we will be looking very carefully with a view to extending the law where it is appropriate to do so.
Assisted Dying
Paul Blomfield Excerpts(4 years, 9 months ago)
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Paul Blomfield (Sheffield Central) (Lab)
I thank the hon. Member for Grantham and Stamford (Nick Boles) for securing this debate, and for the thoughtful and powerful way in which he opened it. Like him, I will share a personal experience, although mine is not as positive.
It is, by a coincidence, the eighth anniversary to the day of my receiving a phone call here in Westminster that my father had been found dead in his garage. The previous night, he had tidied up his belongings, left small piles of money to settle the bills with the newsagent and others, and written final notes. He had then walked to the garage, connected a hosepipe from his car exhaust into the car, taken an overdose and switched on the engine. As hon. Members can see, I do not find this easy to talk about, even after eight years, but I have done so before and I will do so today, not least because I know that he would have wanted me to, as somebody who had always believed in a change in the law on assisted dying.
My father’s experience shows how the existing law does not simply fail people, but leads to premature deaths. Now, I know that some of those opposing a change argue—I respect my hon. Friend the Member for West Ham (Lyn Brown) for doing so—that it could lead to people taking their lives sooner than they would otherwise face their end. But my experience, and the experience of many others—I think that some of the statistics mentioned by the hon. Member for Worthing West (Sir Peter Bottomley) are understated—is that the existing law in itself encourages people to take their life sooner than they would otherwise do.
My father was 87. At that age, he had inevitably watched many of his friends go, often miserably. He talked in particular of one friend who had become confined to bed, doubly incontinent, and—having become both deaf and blind—unable to communicate with anybody. My father saw no point in that kind of life, and had always said that he would rather end things than face a degrading death. He was somebody who had made the most of his life: he had a tough east end upbringing in poverty, became an RAF pilot in the war and built a successful business career. He had his share of health problems, but faced them all positively. He was not afraid of pain, but he could not face the indignity of a lingering death, and I am sure that he made up his mind to take his life soon after receiving a terminal diagnosis of inoperable lung cancer. But he still died prematurely, and I am sure that what drove him to end his life at that point was the fear that if he did not act when he could and was still able to do so, he would lose the opportunity to act at all. He could not talk to me or his partner about it, because he would have made us complicit. The current law forced my father into a lonely decision and a lonely death.
Some people will say that we simply need to improve end-of-life care, and it is hugely important that we do. My father supported our local hospice and I raise funds for it. It does a great job, but no hospice can enable everybody to die with the dignity that they would want. Indeed, for my father, it was soon after his appointment with a palliative care nurse where together they talked about his last months that he took the decision to take his life. If the law had made it possible, he could have shared his plans with us, and knowing that he could, with support, go at the time of his choosing would have enabled him to stay longer. If the law had made it possible, he would have been able to say goodbye and go with his family around him, not in a carbon monoxide-filled garage. He, and many others like him, deserve better. We simply need to change the law.
I appreciate that there are those here whose personal beliefs—whose faith—makes my father’s choice unacceptable. I respect those beliefs. Live your life by them, but do not impose them on others. Let people have the choice at the end of their lives. Allow them dignity in dying as we would want them to have it in life.
Oral Answers to Questions
Paul Blomfield Excerpts(5 years ago)
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Rory Stewart
I respectfully disagree with Sir Malcolm on this issue. It was absolutely right to take Birmingham back in hand, because that prison was not performing properly. On the other hand, the same company is running some very good prisons in Oakwood, Altcourse and Parc. It is doing good things on family work and on technology. Private sector prisons are often among the safer local prisons in terms of assaults per 1,000. We are not ideological on this. The private sector can certainly play a role.
Paul Blomfield (Sheffield Central) (Lab)
Stephen Morgan (Portsmouth South) (Lab)
The Parliamentary Under-Secretary of State for Justice (Lucy Frazer)
In the most recent Legal Aid Agency civil tender, the number of offices providing legal aid services on welfare benefits increased by 188%. In February, we set out our legal support action plan, which focused on the importance of early legal support. We will be establishing a number of pilots in a range of areas of law to see how best we can support those in need. It is critical that welfare decisions are made right the first time, and we are working with the Department for Work and Pensions to help ensure that.
Paul Blomfield
I thank the Minister for that answer, but she will know that the number of people receiving legal aid to challenge benefit decisions fell from more than 91,000 in 2012-13 to fewer than 500 five years later, which was clearly the Government’s plan. The Department’s own figures show that while 28% of unrepresented claimants are successful on appeal, that figure jumps to 90% for those who have legal representation, so literally tens of thousands of people have lost out on moneys to which they were entitled. Does she agree that the Government should consider restoring legal aid for social security appeals, so that claimants can get the support they need to win the money they deserve?
Lucy Frazer
Legal aid is available in welfare cases on points of law to the upper tribunal and the higher courts. A wide variety of considerable support is also available from some fantastic third sector organisations. I visited a number of them recently, and they are doing an excellent job. As I mentioned, we are also looking in our legal aid action plan at how we can provide people with support early on in a variety of areas, which may include this area.
Oral Answers to Questions
Paul Blomfield Excerpts(6 years, 3 months ago)
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The Minister of State, Ministry of Justice (Rory Stewart)
We focus on making sure that we have a proper capital investment programme in place, so additional money has been allocated for the building of new prisons, two are currently being commissioned, and we currently have spare places in our prisons. To reassure my hon. Friend, it is absolutely vital that we have the places so that people can serve their sentence. Sentences should not be driven by availability of prison places.
Paul Blomfield (Sheffield Central) (Lab)
The Parliamentary Under-Secretary of State for Justice (Lucy Frazer)
It is very important that those who are most vulnerable get access to legal aid, and legal aid is available for those who are in need at the most critical moments in their life. The hon. Gentleman mentioned housing, and legal aid is available where there is homelessness or where disrepairs to the home seriously threaten an individual’s life or health. We are reviewing legal aid, and we will update the House accordingly.
European Union (Withdrawal) Bill
Paul Blomfield ExcerptsTuesday 21st November 2017
(6 years, 5 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 21 November 2017 - (21 Nov 2017)
Mr Grieve
My hon. Friend makes an interesting point. I slightly question the extent to which we have had clear evidence of that, although I know that there has been a reluctance on the part of the European Court of Justice to accept any higher authority, despite the intention of the parties that it should become subordinate, ultimately, to the ECHR. He is right that one reason why the charter came into being was to secure compliance. I think it is rather more of a hypothetical than an actual state of affairs, although such a problem might exist in future. In any event, I do not think we are dealing here just with matters covered by the ECHR, for the very reasons that were discussed earlier in relation to new clause 16, which was tabled by the hon. Member for Nottingham East. I simply say to my right hon. and hon. Friends that the issue has to be addressed.
As I said earlier, I recognise that my amendment is not as good as it might be, and could be improved on. If the Government can give me an assurance that is adequate and goes beyond vagueness, I will be content not to press amendment 10 a vote. The issue is not going to go away, however, and when one is in this sort of dialogue with the Government, one does not want to be soft-soaped off. If that happens, there will be a road crash when we come to Report, in which I will be unable to support the Government on a whole series of matters. I hope that those things can be resolved by consensus.
I have spoken for quite long enough, but I have explained why I think that, on the important issue that we are debating today, the best solution in the interim is to use something along the lines of amendment 10 to ensure that general principles of EU law can continue to be invoked. Of course, as the transition goes on, I assume that so much EU law may disappear, but I venture the suggestion that it will continue to be relevant for some time to come.
May I, finally, touch briefly on the three other amendments —297, 298 and 299—that I have tabled? They are very simple, and they concern the use in clause 5 of the words
“any enactment or rule of law”.
I simply say that nobody I have spoken to understands why the words “rule of law” appear in the Bill. Ultimately, a rule of law is a rule of the common law; and in so far as a rule of the common law is displaced by statute, that rule will be displaced, of itself, by the courts. It does not require to be spelled out in legislation. I draw some comfort, on that, from the fact that a very distinguished lawyer who previously worked in this building shares my view that the inclusion of those words is incomprehensible. I do not think that that is a matter that I would necessarily put to the vote, if I was required to do so, but I hope that the Government might be able to provide a positive response on it. I am grateful to the Committee for listening.
Paul Blomfield (Sheffield Central) (Lab)
It is a genuine pleasure to follow the right hon. and learned Member for Beaconsfield (Mr Grieve), who made his case extremely well and very convincingly—it is supported by many hon. Members on both sides of Committee.
I rise to speak to amendment 46, which is designed to ensure that we keep the charter of fundamental rights in EU retained law; amendment 335, which would maintain the principles of the Francovich ruling after exit day for pre-Brexit cases; amendments 285, 286 and 287, which make provision for existing arrangements to continue during a transitional period; and, finally, amendment 336, which makes provision for retaining existing principles of EU law within domestic law until the end of the transitional arrangements.
Paul Blomfield
I think I could probably get a few more sentences into my stride before taking an intervention, but I certainly anticipate that I will take interventions from the hon. Gentleman.
The debate raises fundamental principles about the transposition of EU law and the important role of this House in holding the Government to account for their commitments. Last week, the focus of the debate was on the Government’s attempt to unravel the Prime Minister’s pledges on the transitional arrangements in her Florence speech, by the imposition of a defined exit day for all purposes. The Minister, the hon. Member for Esher and Walton (Dominic Raab), made a good attempt to defend the indefensible and not commit to the application of the jurisdiction of the Court of Justice of the European Union throughout the transitional period; that was not the Government’s line at the time. It would have been helpful if No. 10 had said a week ago what it said this morning, namely that the Court of Justice will have jurisdiction throughout the transitional period. If that had happened, the Minister would not have been left in such a mess.
Sir William Cash
Is the hon. Gentleman about to move on to explain why Tony Blair and Lord Goldsmith fought so hard to obtain protocol 36—I think it was that one—in the Lisbon treaty, which the Conservative party opposed? At the same time as advancing the charter of fundamental rights, will he explain why we cannot pass such legislation as we wish to in this place?
Paul Blomfield
I was not about to go on to that, but clearly I am now. The hon. Gentleman knows that the charter was not binding when it was first adopted in 2000. It was made legally binding by the Lisbon treaty of 2007, which entered into force in 2009. It has, as the right hon. and learned Member for Beaconsfield pointed out, increased in significance, and the rights that it contains have become more visible and correspondingly more effective. Labour supported the charter then, and we support it now, because it has enhanced and improved European human rights protection, and by doing so it has significantly developed the quality of human rights protection in the UK. The wider point that the hon. Member for Stone (Sir William Cash) makes is not relevant to the issue under discussion.
Alex Chalk (Cheltenham) (Con)
The charter applies only when national authorities are implementing EU law. Does the hon. Gentleman not agree that if it is retained, it risks creating a confusing inconsistency by giving citizens powerful rights to strike down some pieces of legislation, but not others? Is it not a case of doing either the whole thing, or nothing at all?
Paul Blomfield
I will come on to this point, but the charter is key to ensuring that retained law is treated properly and that the same rights of enforcement continue in the future. Without the charter, those rights are significantly diminished and access to them is diminished.
Let me proceed with the point I was making about how the charter goes wider than the Human Rights Act and the European convention on human rights, which I hope I am right in saying the Government accept. As other Members have already pointed out, it was the Secretary of State for Exiting the European Union who relied on the charter in the case he brought before the High Court in 2015, against the then Home Secretary and now Prime Minister, when he was worried that the Data Retention and Investigatory Powers Act 2014 would impact on MPs’ ability to communicate with constituents confidentially. He cited the charter, and his lawyers argued that it went beyond the European convention on human rights and granted further protection. He relied on the charter precisely because it provided greater human rights protection than was provided for by UK law and even by the case law of the European Court of Human Rights.
Despite this, the Government have not indicated which decisions of the Court of Justice of the European Union under the charter they disagree with. Moreover, the explanatory notes to the European Union (Withdrawal) Bill justify the decision to exclude the charter from retained EU law by saying:
“The Charter did not create new rights, but rather codified rights and principles which already existed in EU law. By converting the EU acquis into UK law, those underlying rights and principles will also be converted into UK law, as provided for in this Bill.”
If that were the case, it would be fine, but it is clearly not the case.
Drawing on existing rights, the charter set out a new framework for human rights protection under EU law. The rights contained in the charter may have existed in EU law for decades—the Government are relying on that point—but that is not enough. The whole point of the charter was that nobody could verify those rights or their sources, and as the lawyers among us will know, identifying the source of a right is imperative in securing effective recourse. In his speech, will the Minister therefore clarify whether the Government have succeeded, where others have not, in comprehensively identifying every single source of these rights? If not, how do they plan to uphold the same level of protections for these rights once we have left the European Union, because a right without effective recourse is rendered effectively meaningless?
By compiling and codifying these rights in a single document, the charter in effect created new rights and certainly created new protections. In short, the charter is the most effective key to unlocking vital rights, and to fail to transpose it and make it operable in UK law is to lock away those rights and deny UK citizens the key to accessing them.
On the data protection point on which the Secretary of State relied—my right hon. Friend the Member for East Ham (Stephen Timms) raises it in his amendment 151, which we support—the right to data protection exists in various documents, such as directives and regulations, but it was only by virtue of the charter creating the expressed right to data protection in article 8 that we were given the right to be forgotten.
The rights extended by the charter are not only data protection rights. Such rights start in article 1, which includes the right to human dignity. This does not exist as an enforceable right in common law or statute law applicable to retained law post-Brexit. Will the Minister, when he responds, explain how this right will be enforced after exit day if the charter is not retained?
Suella Fernandes
Will not the hon. Gentleman’s proposals create more uncertainty and raise more questions than answers? For example, considerable reference has been made to the Union, to citizens and to the right to vote and stand in European elections, but is that not at odds with our being a non-member state on our leaving the European Union?
Paul Blomfield
No. The right hon. and learned Member for Beaconsfield answered that point when it was raised by other Members. There are clearly provisions in the charter that would have to be amended to become operable—I made that point a few moments ago—but it includes fundamental rights, so the protections of our citizens will be reduced if the those rights are not carried forward. I will illuminate that point a little further.
Suella Fernandes
The hon. Gentleman proposes that part of the charter should be erased and that it should undergo some kind of surgery before it is applied through UK law. Is it not right that questions of principle and policy should not be debated in relation to this Bill, the purpose of which is to provide legal certainty and continuity, but left for wider parliamentary debate and scrutiny, and indeed the wider democratic process?
Paul Blomfield
I am genuinely puzzled by the hon. Lady’s point because she could make it in relation to all of the several thousands of laws that are being transposed. It could relate to every other part of the Bill. We will have to go through processes of adjustment to ensure their effective operability, but the question that needs to be answered—I hope it will be answered by the Minister when he rises at the Dispatch Box—is: why, uniquely, is the charter of fundamental rights being treated differently and being removed at this stage?
Hilary Benn
My hon. Friend is making a very powerful case, and my anticipation of the Minister’s speech increases minute by minute as the case is advanced. Does my hon. Friend share my puzzlement, first, that given that the Government’s stated objective for the Bill was to move everything across, the one thing they have decided to leave behind is the charter; and, secondly, that Conservative Members have argued that nothing will be lost by the disappearance of the charter, yet we have already heard powerful testimony in speeches to the contrary? That testimony includes the point raised by my hon. Friend the Member for Nottingham East (Mr Leslie), when he referred to the judgment in the tobacco case, in which the charter clearly had an important impact in enabling the Government to enforce their rights in relation to their desire to have plain packaging—never mind its being the reason why the Secretary of State, in a former life, decided to call on it in trying to sue the Government. Is there not an incompatibility between the two positions?
Paul Blomfield
My right hon. Friend is absolutely right. Like him, I am looking forward to hearing the Minister attempting to square the circle on that one. It is one thing for the Government to argue that the charter needs to be removed, but it is another for others then to argue that it makes no difference. Let me illustrate a few other areas in which the charter does make a difference.
Let us take article 24—it was mentioned earlier—which gives effect to the UN convention on the rights of the child. While we are a signatory to the convention, that does not provide the same legal protection—simply as a convention signatory—as would be provided by the incorporation of the charter. Let us take the right to a fair hearing, which goes beyond article 6 of the European convention on human rights on the right to a fair trial, because it applies to civil rights and obligations, as well as to criminal charges. In the ZZ case, with which the Minister will be familiar, the Court of Justice of the European Union held that the right to a fair trial in article 47 of the charter applied to immigration cases. Significant issues are therefore at stake.
Let us look at article 13, which requires that academic freedom shall be respected. With the possible exception of some Government Whips—the Vice-Chamberlain of Her Majesty’s Household, the hon. Member for Daventry (Chris Heaton-Harris), was keen to see the reading lists and curriculums of university lecturers to make sure they were teaching Brexit correctly—I am sure that Members on both sides of the House agree that academic freedom is an important principle, and it is not secured anywhere else. How do the Government anticipate that these rights will be enforced in the absence of the charter, and which aspects of the EU acquis or UK domestic law could be used to guarantee these rights? That is an important question.
It is not just that excluding the charter will diminish rights; the charter has transformed access to human rights protection. As the House of Commons Library briefing makes clear, it is not just that the charter contains more rights than the European convention on human rights and codifies existing rights in one place. When we compare the charter with the Human Rights Act, we see that it has a wider class of applicants who can use it. Anyone with a sufficient interest can apply for a judicial review based on the charter, and it can also be relied on in other types of case—for example, employment tribunal claims—that are within the scope of EU law. By contrast, claims under the Human Rights Act can only be made when an individual is a victim of a rights violation.
John Redwood
Our rights always used to be guaranteed, and will be guaranteed once we have left, through a combination of common law and statute law. I do not understand what threat the hon. Gentleman has in mind regarding these rights, because if any threat emerged it would be struck down either by the Supreme Court or by Parliament.
Paul Blomfield
I am puzzled by that point, because EU-retained law will effectively become statute law, and that will be carried forward by the application of the charter. It is not quite clear what the right hon. Gentleman is getting at.
Mr Harper
I listened carefully to what the hon. Gentleman said about article 6 of the European convention. I think that he said it applied only in criminal cases, but having looked at the article it enforces civil rights as well. I remember from my own experience that we took it into account in immigration cases, other tribunal cases and, I think, in some applications of procedures of the House that may or may not be compatible with that right. The measure is much wider than he suggests, so I do not think he was exactly right about that.
Paul Blomfield
As I understand it, it does not apply in all civil cases—only civil rights and obligations under the convention, so it is effectively a narrowing if we lose it.
John Redwood
The hon. Gentleman said that he did not understand the point I was making. Our rights will be guaranteed once we have left by our Supreme Court, and by common law or the application of our statute law. I cannot think of a right that he and I value that will be destroyed because we have not incorporated the charter. I think that they will be guaranteed by those ancient and tested methods.
Paul Blomfield
We are talking about statute law, and about rights such as the one on which the right hon. Gentleman’s friend and colleague, the Secretary of State for Exiting the European Union, relied. I think that that point is clear.
Returning to the comparison of the charter with the Human Rights Act, as well as the wider class of applicants for which it provides, it allows for stronger remedies. If any national court finds that any national law is incompatible with a directly effective provision of the charter, it must disapply contravening primary legislation or quash secondary legislation. We have exercised some of the arguments around that issue, but that is much stronger than a notification of incompatibility. We should be in no doubt that losing the charter means losing rights.
Sir William Cash
Has the hon. Gentleman considered the impact in relation to alleged and actual terrorists on the question of national security and case law? Many people who would like those individuals to be deported would find that extremely difficult under the principles of the charter because of the provisions relating to the protection of family life, which have been badly abused.
Paul Blomfield
In his keenness to tackle the argument, I think that the hon. Gentleman has missed the point. That has nothing to do with the charter.
Let me turn to a separate but related point on schedule 1, which states:
“There is no right of action in domestic law”
post exit
“based on a failure to comply”
with EU general principles. The schedule also prevents courts from ruling that a particular Act was “unlawful” or from quashing any action on the basis that it was not compatible with the general principles. Damages are not allowed, so general principles are rendered irrelevant, which also reduces rights. Our amendment 336 seeks to address that by retaining the existing principles of EU law regardless of whether they originated in case law, treaties, EU legislation or directives. The date on which that retention would end would be the end of a transitional period.
Let me turn to our amendment 335 to schedule 1 on the Francovich rule. I shall be brief because others have tabled similar amendments, which we support, and I want to give them a full opportunity to make their case without my anticipating what they are going to say.
Sir Oliver Letwin
On a point of clarification, the hon. Gentleman said that the date on which the retention would end under the amendment would be the end of the transitional period. Did he mean that no new general principles of EU law formulated after that date would apply, or did he mean the retention would end at the end of the transitional period?
Paul Blomfield
If the Prime Minister’s words are to be taken at face value—we continue to operate during the transition practically as if we were still part of the membership—new principles would apply during the transitional period, although not after it had ended.
Mr Grieve
The hon. Gentleman has touched on an important point. If we are going into a transitional period retaining the architecture of EU law, or the vast majority of it for that period, to try to leave at the end of the transition and go back to the status of retained EU law on the date on which we moved into transition would be utterly unrealistic. It would have to be from the date on which we moved from transition to final departure.
Paul Blomfield
I thank the right hon. and learned Gentleman, who has made the point much more effectively than I did. That is absolutely right.
Briefly, Francovich raises some important issues of accountability. Surely there is oversight by Government, because I would expect them to accept that the right to damages should be available in cases where the breach of Community law took place before exit day, and indeed before the end of a transitional period, but discovery only took place afterwards. I am therefore seeking clarification from Ministers on that point, and I hope that they accept what hon. Members are seeking to do in amendments on Francovich.
We are pleased to support new clauses 16, 78 and 79, as well as amendments 297, 298, 299, 8,10,101,105 and 62 and the consequential amendments 126 ,127,129,140, 141, 302 and 9—just for clarity. In conclusion, I return to amendment 46, because we need some honesty from the Government. The House has not authorised the Government to use Brexit as a vehicle to deplete human rights in this country. If the Government want to reduce rights and protections, they should say so and we can debate it. What is not acceptable is to pretend that the Bill provides for the transfer of rights and protections when it clearly does not.
Antoinette Sandbach (Eddisbury) (Con)
The Secretary of State for Exiting the European Union has made a number of statements about the fact that if Opposition parties can identify rights that will not be covered he is willing to look at them and legislate for them. We have discussed a third category of rights—not those protected by the Human Rights Act or those that will be irrelevant because they are in the charter and will no longer apply —so is the hon. Gentleman prepared to take that at face value and work with the Government to ensure that those rights that have been identified are protected?
Paul Blomfield
If the Government can identify the sources of rights covered by the charter and can explain exactly how any deficiencies or gaps left as a result of failure to transpose the charter will be identified, and if they outline what remedies they might make at a later stage, we would be happy to sit down with them and talk about that. It is absolutely clear to us that the Government should stick by their word and their claims in relation to the Bill on the need for the existing level of human rights protection to be preserved in UK law. As it stands, central to that consolidation is retaining the charter as part of the retained EU law. I hope the House will agree and I hope the House will support our amendments.
The Solicitor General
I had better make some progress, but I certainly will give way to the hon. and learned Lady in a moment.
The Solicitor General
If the intervention relates to the point I was making, I will give way.
Paul Blomfield
I thank the Solicitor General for giving way. It is important that the House has clarity on the content of the memorandum he proposes to publish on 5 December. He has said that the memorandum will seek to identify the sources of each right contained within the charter. He has heard in today’s debate that there is concern on both sides of the House that he will not be able to identify the sources of every single one of those rights, and a number of instances have been cited. Will he also undertake that, where there are gaps, his review will outline what action the Government are preparing to take to fill those gaps so that, at the point of exit, we retain all the existing rights?
European Union (Withdrawal) Bill
Paul Blomfield ExcerptsTuesday 14th November 2017
(6 years, 5 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 14 November 2017 - (14 Nov 2017)
Mr Baker
As a responsible Government, we are going to go through the process of making sure that our country is ready to leave the EU without a deal if that proves necessary. We will take the steps to be prepared, as a responsible Government should.
However, this Bill cannot pre-empt the negotiations by putting things into statute before they have been agreed. The Government intend the UK to leave the EU on 29 March 2019, and that is why we intend to put that on the face of the Bill, but we have always been clear that we will bring forward whatever legislation is necessary to implement the agreement we strike with the EU, which is why yesterday my right hon. Friend the Secretary of State announced the Withdrawal Agreement and Implementation Bill, which we will introduce once Parliament has had a chance to vote on the final deal.
This Government take their responsibilities seriously and are committed to ensuring that the UK exits the EU with certainty, continuity and control. It makes no sense to legislate for one piece of legislation on the face of another, and I therefore ask the right hon. Member for Normanton, Pontefract and Castleford not to press her amendment to a vote. With that, I recommend that clause 1 stand part of the Bill.
Paul Blomfield (Sheffield Central) (Lab)
I am pleased to speak to amendments 43, 44 and 45, which would give Parliament control over the length and basic terms of the transitional arrangements and allow Parliament to set the clock on the sunset clauses. These are the first of many amendments tabled by the Opposition that we will consider over the next few weeks, all of which have one purpose, which is to improve the Bill. Frankly, it is not helpful when Ministers—and, indeed, the Prime Minister over the weekend—seek to characterise scrutiny and accountability in this House as an attempt to thwart Brexit. It is not. We accept that the British people voted to leave the European Union. It might have been a close vote, but it was a clear vote. That is why we voted to trigger article 50. Whether we leave the European Union is not a matter for debate, but how we do so is crucial for the future of our country. The British people voted to pull out, but they did not vote to lose out. They look to Parliament to secure the best deal, and that includes not stumbling over a cliff edge in March 2019.
Mr Owen Paterson (North Shropshire) (Con)
Could the hon. Gentleman define the Labour party’s idea of leaving the European Union?
Paul Blomfield
I am surprised that such an ardent Brexiteer as the right hon. Gentleman does not understand what leaving the European Union involves. We do.
Until last Thursday, the debate on clause 1 looked fairly straightforward. The article 50 notification made our exit from the European Union in March 2019 a legal certainty, so, for the purposes of the Bill, exit day could be left in the hands of Parliament. But then the Government did something needless: they tabled amendments 381 and 382, putting a specified exit date—and, indeed, a specified exit time: 11 pm, or midnight Brussels time—into the Bill. Their consequential amendment 383 seems to contradict the other amendments in some regards, which underlines the chaotic way in which the Government have approached the Bill, but taken together, the intention of the three amendments is clear.
Sir William Cash
The rather mysterious explanation that the hon. Gentleman gave to my right hon. Friend the Member for North Shropshire (Mr Paterson) needs some elucidation. Would he be good enough to explain whether leaving the European Union means repealing the European Communities Act 1972, and why Labour voted against the Bill on Second Reading?
Paul Blomfield
I would have thought that it would be as clear to the hon. Gentleman as it is to me that leaving the European Union does involve revoking the European Communities Act. I will go on to explain why we have concerns about the Government’s amendments and the different decisions within them.
Antoinette Sandbach (Eddisbury) (Con)
Did the hon. Gentleman understand, as I did, when the vote on article 50 took place, that the provisions outlined in article 50 would apply, including the ability of 28 nations to agree to extend the negotiating process?
Paul Blomfield
I did indeed, and I will come to that point later in my remarks.
I said that the intention of the three amendments is clear despite the confusion caused by amendment 383. It is clear, but it is needless because article 50, triggered on 29 March 2017, provides for a two-year exit timetable.
Mr Jacob Rees-Mogg (North East Somerset) (Con)
Will the hon. Gentleman give way?
Paul Blomfield
No, I will make some progress.
There is therefore no question about whether the UK will leave the EU at the end of that period in accordance with the article 50 notification. So what is the purpose of the Government’s three amendments? Is it simply to appease extreme elements within the Conservative party, not thinking of the consequences for the country, or is it a deliberate decision to unpick the Florence speech, demonstrating that the freelancers in the Prime Minister’s Cabinet are actually in charge of policy?
Stephen Doughty
I suspect that it may be the latter. Given the chaos that the negotiations are in, the public will be wondering about the lack of progress. When the Government suddenly want to impose a guillotine, rather than use the article 50 process, the public may have good reason to be suspicious.
Paul Blomfield
I thank my hon. Friend for his intervention. The public have reason to be suspicious and worried.
Paul Blomfield
No, I will not. I want to make some progress, but I am sure that I will give the hon. Gentleman the opportunity to intervene later.
Whatever the reason for the Government’s decision, it is reckless and represents an extraordinary U-turn. The Minister said a few moments ago that it was important to give clarity on the issue of departure and that it was the Government’s fixed view, but that is not the view they held before last Thursday. In fact, for the past four months their position was represented by clause 14(1)—page 10, lines 25 and 26—which says that
“‘exit day’ means such day as a Minister of the Crown may by regulations appoint”
and by clause 19(1)—page 14, lines 41 to 42—which states that
“different days may be appointed for different purposes.”
Now, the Opposition thought that that was a sensible principle. We wanted Parliament, not Ministers, to agree the dates, which is why we have tabled amendments 43, 44 and 45. That principle makes sense, and I will outline why.
As I have said, our departure from the European Union is a settled matter. However, the Bill deals with three different issues: the date that the 1972 Act will cease to have effect; the cut-off point for the use of delegated powers; and the ending of the jurisdiction of the Court of Justice of the European Union. On that last point, there is a fundamental impact on the transitional arrangements. Labour has been clear about the need for a transitional period in order to prevent a cliff edge and to ensure that businesses do not have to adapt to two new customs and regulatory arrangements in quick succession. We need a transitional period on the same basic terms that we currently have in the single market and in the customs union.
Businesses and trade unions support that transitional period, and we were pleased when the Government caught up with us on that in September. In her Florence speech, the Prime Minister finally recognised its importance and said that
“people and businesses—both in the UK and in the EU—would benefit from a period to adjust to the new arrangements in a smooth and orderly way.”
She went on to say:
“Clearly people, businesses and public services should only have to plan for one set of changes in the relationship between the UK and the EU. So during the implementation period access to one another’s markets should continue on current terms and Britain also should continue to take part in existing security measures. And I know businesses, in particular, would welcome the certainty this would provide.”
Her spokesperson reiterated just yesterday that she gave businesses reassurance on agreeing a time-limited transitional or, as she prefers to describe it, implementation period as soon as possible. However, amendment 383 blows the prospect of a transitional deal on current terms out of the water. Put simply, if there is no role for the Court of Justice of the European Union, we will not be operating on current terms and the Prime Minister will be unable to secure an agreement with the EU27 for the transitional arrangements that she set out in her Florence speech.
Mr Rees-Mogg
Is not the difference between an implementation and a transition the whole point? If it is an implementation, we are implementing the consequences of having left; if it is a transition, we are transitioning from being inside the European Union to being, at the end of the process, outside. Therefore in the transition we would be de facto members of the European Union, on the basis that the hon. Gentleman is setting out, defeating the whole purpose of this Bill.
Paul Blomfield
Clearly, the transitional period is a bridge between where we are now and where we will be once we have left the European Union. The hon. Gentleman’s point is not relevant to the point I am seeking to make.
Paul Farrelly
I wanted to make this intervention on my right hon. Friend the Member for Birkenhead (Frank Field), but he would not take it.
I commend the speech of my hon. Friend the Member for Sheffield Central (Paul Blomfield), and I seek his opinion on new clause 49. The new clause is linked to other new clauses, but if it is agreed there is no guarantee that the other new clauses will be agreed. Passing new clause 49 would therefore do a grave disservice to this country. Will he make clear the Opposition Front Bench’s position on new clause 49?
Paul Blomfield
I am happy to clarify that we oppose new clause 49.
Whether in relation to new clause 49 or to the Government’s amendments, closing down the opportunity for effective transitional arrangements is deeply self-harming.
Mr Baker
I believe that the Labour party wants to have a smooth transition to a good quality future relationship, but I draw to the hon. Gentleman’s attention what the Prime Minister said in her Florence speech:
“Neither is the European Union legally able to conclude an agreement with the UK as an external partner while it is itself still part of the European Union.”
My point is that we need to become a third country before we can conclude the kind of future relationship that I think the hon. Gentleman would like us to have.
Paul Blomfield
I do not disagree with the Minister. It is precisely our point that, during the transitional period, we cannot disable the role of the Court of Justice of the European Union, otherwise we will not achieve the arrangement that we apparently both seek.
Joanna Cherry
The hon. Gentleman is making a powerful point, and I wonder whether I might help. I asked the Prime Minister what she thought the legal basis of any transitional deal will be, and she said that the EU takes the view that it will be article 50. When I was in Brussels with the Exiting the European Union Committee last week, I raised this issue at the highest level of the EU and was told that, yes, it is envisaged that during the transitional deal Britain will stay in the single market, in the customs union, within EU law, within the acquis and under the jurisdiction of the Court of Justice of the European Union.
Paul Blomfield
I agree with the hon. and learned Lady. In fact, the Brexit Secretary talked about the Court in those terms yesterday.
Mr Grieve
I am listening carefully to the hon. Gentleman. Is not part of the difficulty that there is a sense of people being disingenuous about the reality of the process of Brexit? Of course it is possible that, at the end of this, despite how we pass this legislation, the Government will come back with a withdrawal agreement Bill—the statute they have promised us—that does the very thing they will not admit at the moment: keep us within the jurisdiction of the Court of Justice of the European Union during a transitional period. Would it not be better, and would it not help us in our debates on this Bill, if we had a bit of honesty and clarity from all sides about the implications of withdrawal, about how we have to go about it and about the options—sometimes the lack of options—that may be open to us?
Paul Blomfield
I very much agree with the right hon. and learned Gentleman. Otherwise, we will face the nonsense of the Government introducing new legislation effectively repealing the repeal Bill, or a key part of it.
Mr Jonathan Djanogly (Huntingdon) (Con)
Further to the point of my hon. Friend the Member for North East Somerset (Mr Rees-Mogg) on the difference between transition and implementation, we know for sure that it will be an implementation period because we will have to implement the withdrawal agreement. We do not yet know whether it will be a transitional period because we do not know, and will not know at the point of Brexit, whether we will have any final deal to implement.
Paul Blomfield
The hon. Gentleman makes a fair point, and I will now make some progress.
I was at the point of talking about why closing down the opportunity for effective transitional arrangements would be deeply self-harming. As the director general of the CBI, Carolyn Fairbairn, said just last week,
“The message from us, from business, is more certainty quickly particularly around transition, particularly in the next four weeks”.
The Government amendments undermine the prospect of a transitional deal and create more uncertainty. The CBI, the British Chambers of Commerce, the EEF, the Institute of Directors and the Federation of Small Businesses came together to call for a transitional deal, saying:
“We need agreement of transitional arrangements as soon as possible, as without urgent agreement many companies have serious decisions about investment and contingency plans to take at the start of 2018”.
They continued:
“Failure to agree a transition period of at least two years could have wide-reaching and damaging consequences for investment and trade”.
It will also mean lorries backing up at Dover, because the adjustments necessary to avoid that cannot be physically put in place within 15 months, as I am sure everyone would agree. For the same reason, it will mean a hard border in Northern Ireland, with all the problems that that would create.
The Government’s approach is simply not in the national interest, and it closes down the flexibility that we might need. If negotiations go to the wire, both we and the EU 27 might recognise the need for an extra week, an extra day, an extra hour, an extra minute or even an extra second, as the right hon. and learned Member for Rushcliffe (Mr Clarke) pointed out, in order to secure a final deal. But that agreement would be thwarted by the Government’s having made it unlawful for themselves to do what they would want to do at that point.
The Prime Minister has consistently talked about parties working together in the national interest, and we are up for that—we have tried to be constructive; we have scrutinised and identified gaps; we have offered solutions; and on this crucial issue we seem to be in the same place as at least some members of the Government on the need for an effective transitional period. So let me make an offer to the Government. If they withdraw amendments 381, 382 and 383, and work with us on an alternative that affirms a departure date in line with the article 50 process but without destroying the chances of transitional arrangements, we are happy to look at that and work with them on it. If they do not—
Ian C. Lucas (Wrexham) (Lab)
Does my hon. Friend agree that the real way in which the Prime Minister could reach out is by making it clear that she accepts the jurisdiction of the ECJ for the implementation period? That would resolve a lot of her problems.
Paul Blomfield
My hon. Friend is absolutely right. The reckless ideological red line on the ECJ has got us into many problems—not only on this, but on the membership of Euratom and in many other ways.
If the Government cannot withdraw their amendments and engage in that process with us we cannot support them, because of the impact on the economy, jobs and livelihoods, as we would plunge over the cliff edge. I should also say that we cannot support amendment 79. We believe the Bill should operate on the presumption of devolution. My hon. Friend the Member for Darlington (Jenny Chapman) will set out our position in greater detail in subsequent days.
The Government have had months to repair this deeply flawed Bill. They could have come forward with amendments on workers’ rights, environmental protection, the charter of fundamental rights and limiting the scope of delegated powers, but instead they have chosen to come to this House with a gimmick on the departure date. This gimmick is about the Prime Minister negotiating with her own party, rather than trying to get a Brexit deal that prioritises jobs, the economy and the livelihoods of our people. The Government’s amendments are a product of the divisions at the heart of this Government on their approach to Brexit—divisions that are causing chaos, and this chaos is threatening our economy. We have a Prime Minister so weak that she is trying to tie her own hands behind her back to appease the extremists within her party.
Paul Blomfield
No, I will not.
Rather, I should say that the Prime Minister is letting the Foreign Secretary and the Environment Secretary tie her hands for her. She is putting internal party management before the national interest. This country deserves better, and we are offering it.
Mr Kenneth Clarke
I abstained on Second Reading and I voted against the timetable motion. I felt it was not possible to vote against Second Reading because a technical Bill of this kind is certainly required for when we leave the European Union, to avoid the legal hiatus and total uncertainty that would otherwise occur about what law actually applies in this country. I abstained rather than supported the Bill because I feel that, for many reasons that will become clear in the days of debate to come, the Bill goes far beyond its original purpose and is drafted in such a way as to try to deprive Parliament of a proper vote and say on perfectly important features. I hope that all that will be corrected by a Government who we have been assured—I accept this—are going to listen to the debate and see what is required and what is not.
I wish to touch briefly on two features of this debate, the first of which is the repeal of the European Communities Act 1972. There are only two Members left in the House of Commons who were here when the European Communities Act was passed, and I am glad to say that we are both consistent. The hon. Member for Bolsover (Mr Skinner) and I continue to vote against each other on all matters European, and we always have done. I always assure the Conservative Whips that they can look forward to the hon. Gentleman supporting them on most of the issues on which I vote against them, and I am sure that that will continue to be case.
On a serious note, the European Communities Act was passed on a bipartisan basis, which I helped to negotiate as a Government Whip—that is, Labour rebels supported the majority of the Conservative party to get us in. Before everyone deplores it, let me say that I do not think it has turned out to be a harmful piece of legislation at all. Apart from the predictable people—my right hon. and hon. Friends on the Back Benches—no one has ever sought to repeal it. The idea, which is very popularly put forward by the UK Independence party and others, that the Act has led faceless grey Eurocrats to produce vast quantities of awful legislation and red tape, is one of the biggest myths of our time. I pay tribute to Nigel Farage’s campaigning abilities. There is absolutely no doubt that he is the most successful politician of my generation, because he has persuaded a high proportion of the population that that is exactly how it runs. No doubt they are all looking forward to having bent bananas again once we have repealed all these pieces of legislation. I once fought an election in which quite a lot of my constituents had been persuaded that the Eurocrats were about to abolish double-decker buses. It took some considerable time to try to refute that rather worrying belief.
Mrs Gillan
I would like to finish now.
As the Bill already states that cases occurring during the transitionary period can continue, my amendments would do nothing other than ensure that that happens fairly. I really hope that the Government will respond positively to these amendments, and remember that justice delayed is justice denied.
Paul Blomfield
It is a pleasure to follow the right hon. Member for Chesham and Amersham (Mrs Gillan), who has made some thoughtful and sensible points on her amendments, which we would support. I rise to speak to amendment 278, and to the consequential amendments 279 to 284, which would allow for transitional arrangements within the existing structure, rules and regulations. I will also speak to our amendment 306, but I will return to those separate issues later.
Amendment 278 follows on from our earlier debate on clause 1. It brings into even sharper focus the issue of the Court of Justice of the European Union’s jurisdiction during a transitional period. As I said in the previous debate, and as my hon. Friend the Member for Nottingham East (Mr Leslie) said earlier in this one, there can be no transitional period on current terms, as the Prime Minister wishes, without that jurisdiction. The Florence speech has been much quoted already, and I am sure that that will continue. Let me refer briefly to it one more time. The Prime Minister obviously made the speech after the Bill had been published, but perhaps its early drafting did not have the opportunity to accommodate the emphasis that she has placed on the
“two important steps, which have added a new impetus”
to the process.
She said of the second of those steps:
“I proposed a time-limited implementation period based on current terms, which is in the interest of both the UK and the EU.”
She was accepting the case made by business and trade unions for an effective transitional period and, crucially, again making the point that this should be on current terms.
As I said in the earlier debate, we were pleased that the Prime Minister had caught up with Labour on that position. However, seven weeks on from the Florence speech, the Government have failed to reflect the ambition that the Prime Minister had at that time in any of the amendments to the Bill. They came up with the bizarre amendments that we debated in relation to clause 1, but they failed to address that ambition, so we have helpfully stepped in to fill that gap with amendments 278 to 284. The amendments would mean that, in relation to the jurisdiction of the Court of Justice, exit day should come at the end of the transitional period. The reason is simple: without acceptance of the continuing role of the Court of Justice during the transition, the idea that the implementation period, based on current terms, could happen in the way that the Prime Minister described is frankly delusional.
Mr Jenkin
I get the feeling that the cart is coming before the horse here. No transitional implementation has yet been agreed. It has to be part of a deal, and it would be a mistake for the House to start putting things into the Bill in the expectation of certain things that may or may not happen. That is why my right hon. Friend the Secretary of State for Exiting the European Union announced a separate Bill to implement any agreement, which is when such things will be dealt with. This Bill is much simpler than the Opposition would like it to be.
Paul Blomfield
There are some strands of fair comment in that intervention. We have tabled the amendments precisely because, in relation to our previous debate, we do not want the Government closing options down. If the jurisdiction of the Court of Justice is not clear during a transitional period, options would be closed down.
Paul Blomfield
No, I will not. I gave way many times during the previous debate, and I am conscious that many more amendments relate to this clause.
Mr Duncan Smith
Will the hon. Gentleman give way on his point about the Court of Justice?
Paul Blomfield
I have said no. I want to give others the opportunity to speak. I took every single intervention in the previous debate—except perhaps from one of my hon. Friends towards the end of my speech—so I want to make some progress.
The Government have a choice to make today—[Interruption.] I wish hon. Members would stop chuntering. The Government have a choice to make, and they have to make it in relation to our amendment 278.
Daniel Kawczynski (Shrewsbury and Atcham) (Con)
You’re scared to have to answer.
Paul Blomfield
Oh for goodness’ sake. The hon. Gentleman can do better than that, even from a sedentary position.
Paul Blomfield
No, having taken every single intervention in the previous debate, most of which came from Government Members, I have explained why, in the interests of other Members, I will not take interventions on this occasion. [Interruption.] The hon. Gentleman can chunter on.
As I was saying, the Government have a choice to make today—a choice about amendment 278. Are they serious about pursuing a transitional period and ensuring that the economy does not fall off a cliff in March 2019 when we leave the EU, or does their ideological red line on the Court of Justice take greater priority than the jobs and livelihoods of people in this country?
Other issues relating to clause 6 also need addressing, and amendment 306 would provide for UK courts to take account of Court of Justice decisions on entitlements, rights and protections on employment, equality and health and safety. The intention of this amendment is to help to ensure that we maintain and keep up with social standards within the EU and do not simply hold workers’ rights and equality in stasis as the EU27 moves forward. Indeed, the EU has made it clear that it will want a level playing field in all those areas if we are to strike an effective trade deal. We are regularly told that the Government do not want to erode rights and protections, but we have a Prime Minister who has repeatedly criticised the social chapter and a Foreign Secretary who has decried the “back-breaking” weight of EU employment regulation, so we need to ensure that we secure clear guarantees in the Bill.
Amendment 306 also addresses the concerns of the former President of the UK Supreme Court, Lord Neuberger. On 8 August, he raised concerns about clause 6(2) and the position in which it will leave the judiciary on the interpretation of EU retained law. Clause 6(2) states:
“A court or tribunal need not have regard to anything done on or after exit day by the European Court, another EU entity or the EU but may do so if it considers it appropriate to do so.”
On which Lord Neuberger said that if the Government
“doesn’t express clearly what the judges should do about decisions of the ECJ after Brexit, or indeed any other topic after Brexit, then the judges will simply have to do their best. But to blame the judges for making the law when parliament has failed to do so would be unfair.”
Amendment 306 would address those concerns by removing the vague reference to
“if it considers it appropriate to do so”
and by requiring UK courts simply to take account of CJEU decisions in relation to employment, equality and health and safety rights. Lord Neuberger was right to flag that deficiency in the Bill, which we need to resolve.
Mr Grieve
Is not part of the problem that this is an area of law that has quite a political—with a small “p” —aspect? In reality, this law has been entrenched when it comes from the EU, and it represents a number of areas that have been treated by some as fundamental rights.
The difficulty for the judiciary is that they will be asked to continue interpreting this law—this is the nub of it—without real political guidance as to what emphasis they should attribute to it in future in light of the emphasis it has been given in the past. It is not just any old law but something rather more complex and, for that reason, it is more sensitive to the judiciary’s interpretation.
Paul Blomfield
The right hon. and learned Gentleman is right, and that is what we seek to address with amendment 306.
I will briefly address some of the other amendments in the group. We support new clause 14, in the name of my hon. Friend the Member for Nottingham East (Mr Leslie), as it sensibly calls for a report to be laid before Parliament on the interpretation of EU law during a transitional period.
We also support amendment 137, in the name of the hon. and learned Member for Edinburgh South West (Joanna Cherry) and others, as it seeks to have UK courts pay due regard to any relevant decision of the ECJ when interpreting the new category of retained EU law.
Amendments 202 and 384, in the name of the right hon. Member for Ross, Skye and Lochaber (Ian Blackford), would allow matters pending on exit day to be referred to the ECJ, which is clearly common sense, and we are pleased to support the amendments. We also support amendments 203, 353 and 354, in the right hon. Gentleman’s name, on the definitions of EU retained law. Amendment 357, tabled by the hon. Member for Bromley and Chislehurst (Robert Neill), raises important issues, and I look forward to the Minister’s clarification. We support amendment 358, which would help with the interpretation of EU retained law.
I end on the same note on which I began by urging the Government to accept amendment 278 and its consequential amendments and, in doing so, to put aside their obsession with the ECJ so that we can secure the effective transitional deal with the EU that they, we, business and trade unions want to achieve.
The Minister of State, Ministry of Justice (Dominic Raab)
It is a great privilege and pleasure to speak on behalf of the Government on this essential Bill, and particularly on clause 6 and the various amendments proposed to it. The Bill is complex, but at root it boils down to achieving two basic but fundamental objectives, which it is worth bearing in mind as we consider the clause and amendments.
The first is that we are delivering on the referendum by taking back control over our laws, which is a major opportunity; that was the No. 1 reason why people voted to leave the EU in the referendum. The second thing that the Bill does is make sure there is legal certainty, with a smooth transition for citizens and businesses, mitigating one of the key risks of Brexit, which I believe is felt by people whether they voted leave or remain.
Dominic Raab
Well, I have just given two examples regarding subsections (A3) and (A5) of my hon. Friend’s amendment, but I would be happy to sit down with him and give some illustrative examples of how, in practical terms, I think that this is not actually the avenue or legal cul-de-sac that he wants to go down.
If my hon. Friend will forgive me, I will now turn to some of the other amendments in order that I give them due consideration in this important debate. In particular, I want to turn to amendment 278 and linked amendments 279 to 284 concerning exit day, which are from the Leader of the Opposition and other hon. Members.
The Prime Minister made it clear in her Florence speech that
“The United Kingdom will cease to be a member of the European Union on 29 March 2019.”
It is clear that the UK will leave the EU at the end of the article 50 process—some of the suggestions around the caveat are wildly unrealistic. The Government have tabled an amendment to make sure the drafting of the Bill is crystal clear on this point and to give the country—businesses and citizens alike—additional certainty and a measure of finality on it.
These amendments would replace that clarity and finality with uncertainty and confusion. They would alter the meaning of the term “exit day” in the Bill, but only for the purposes of the provisions of clause 6. For those purposes, but for those purposes alone, the UK would not leave the EU until the end of the transitional period. I am afraid that that would create damaging legal uncertainty, and the amendments are flawed. They would have the effect that, for the duration of any implementation period that might be agreed—and we hope one will be, sooner rather than later—all the important provisions on the interpretation of retained EU law set out in this clause could not apply; they could take effect, if I have understood correctly, only from the end of that period. Since we have not yet agreed an implementation period with our EU partners, the effect of the amendments would be to create an indefinite and indeterminate transitional period, which rather raises the question of whether the Labour party is really serious about facilitating the process of a smooth Brexit at all.
Paul Blomfield
Rather than seek to confuse the issue, it would be helpful if the Minister clarified whether it is the intention of the Government to accept the jurisdiction of the Court of Justice of the European Union during the transitional period. Yes or no?
Dominic Raab
The hon. Gentleman is very kind. He had the chance in his speech to make his rapier-like points. I am dealing with his amendment and the very real risk that, with the greatest will in the world, what her Majesty’s Opposition are proposing will add to, rather than mitigate, the uncertainty. When we go away from the fireworks of this debate, it ought to be our common endeavour to minimise that uncertainty.
My right hon. Friend the Secretary of State for Exiting the European Union made it clear yesterday that there will be separate primary legislation for the withdrawal agreement and any implementation phase, so these amendments are entirely unnecessary in any event. We have also been clear—I think this addresses the hon. Gentleman’s point—that, in leaving the EU, we will bring an end to the direct jurisdiction of the European Court in the UK.
Our priority must be getting the right arrangements for Britain’s relationship with the EU for the long term.
Oral Answers to Questions
Paul Blomfield Excerpts(7 years, 3 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Paul Blomfield (Sheffield Central) (Lab)
Paul Blomfield
The Prime Minister claims she wants to protect workers’ rights. Is not the Government’s fear in publishing this report that it is going to demonstrate that the introduction of fees has negated that process? The Minister earlier said that publication is “imminent”; his predecessor said last July it was “soon”. Can he define the terms and give us a date?
Sir Oliver Heald
The hon. Gentleman will not have long to wait; it is genuinely imminent—but it has taken longer than we had hoped.
Oral Answers to Questions
Paul Blomfield Excerpts(7 years, 7 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Elizabeth Truss
English law has had a huge impact, spreading the rule of law around the world. It is the law of choice in over a quarter of jurisdictions, and Brexit gives us even more opportunities to promote this. I will be championing our £25 billion legal services industry as a key part of post-Brexit global Britain.
Paul Blomfield (Sheffield Central) (Lab)
The Minister for Courts and Justice (Sir Oliver Heald)
May I start by welcoming the Justice Committee’s report on court and tribunal fees? We are intending to respond, and we are also going to publish the review of changes to employment tribunal fees in due course. This is an important area and we will do that.
Oral Answers to Questions
Paul Blomfield Excerpts(8 years, 7 months ago)
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Mr Virendra Sharma (Ealing, Southall) (Lab)
2. When he plans to open a consultation on proposals for a British Bill of Rights.
Paul Blomfield (Sheffield Central) (Lab)
9. When he plans to open a consultation on proposals for a British Bill of Rights.
The Parliamentary Under-Secretary of State for Justice (Mr Dominic Raab)
We will bring forward proposals on a Bill of Rights this autumn. They will be subject to full consultation. The preparation is going well. Given the hon. Gentleman’s excellent work on the Joint Committee on Human Rights, I look forward to engaging seriously with him on the substance.
Mr Raab
I thank the hon. Gentleman for his question, but I have to say that the Human Rights Act was also rushed. There was no period of consultation and it was introduced into Parliament in just six months, which is why it has proved flawed in practice. We will take our time to get the plans right, and we will take on board all the views that have been expressed. We want to restore some balance to our human rights regime, and that is what a Bill of Rights will achieve.
Paul Blomfield
Earlier this year, the Attorney-General described the European convention on human rights as “an excellent document”, and I am sure that the Minister would agree. Our Human Rights Act allows British judges to interpret the convention in the British context. Will the Minister explain precisely how a new British Bill of Rights will change that situation?
Mr Raab
I thank the hon. Gentleman for his question. As he knows, there are many different ways in which we can implement the ECHR in domestic law. There are 47 states party to the European convention, and they all do it slightly differently. We want to see greater authority for the Supreme Court—the Labour Government set up the Supreme Court and we do not think that it should be subordinated—and a greater respect for the legislative role of hon. Members in this place.
The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara)
I can certainly give my hon. Friend that assurance. I very much look forward to hearing of any options he has when he responds to the consultation.
Paul Blomfield (Sheffield Central) (Lab)
T4. The National Audit Office has estimated that between 160,000 and 220,000 careworkers are illegally paid below the national minimum wage, but if they seek redress, those workers, without money, are expected to pay hundreds of pounds in employment tribunal fees. Does the Secretary of State accept that his Department’s tribunal fee policy makes a mockery of the Prime Minister talking tough on poverty pay?
Michael Gove
I take the hon. Gentleman’s concerns very seriously. The Prime Minister last month made it clear that we will put in place new enforcement mechanisms to ensure that all employers live up to their responsibility to pay an appropriate wage for the job. That enforcement mechanism and that investigatory mechanism will ensure that those people, whom the hon. Gentleman and I both care about, are paid the right rate for the job.