European Union (Withdrawal) Bill

Preet Kaur Gill Excerpts

Committee: 1st sitting: House of Commons
Tuesday 14th November 2017 Commons Chamber

[Robert Neill]

There is, and that is why it is all the more important—perhaps unusually so—for Government to talk quietly with the judiciary to find out what they are saying. They cannot compromise their independence, but those of us who are in touch with them want to make sure that the Government understand the root of their concerns. I am sure that there is a constructive way forward on that.

I know that the Solicitor General will be aware of the problem, because it was referred to in the Justice Committee’s report in the last Parliament. I also draw his attention to the concerns raised by Lord Thomas of Cwmgiedd, the recently retired Lord Chief Justice, in the evidence that he gave only a couple of days before he retired from that post. He gave a pretty clear steer on the sort of thing that could be helpful and posited various types of language. I hope that the Solicitor General accepts that we need to look further at the matter, and I hope that we can do that constructively as we take the Bill forward.

[Preet Kaur Gill (Birmingham, Edgbaston) (Lab/Co-op)]

Many of my constituents and the businesses in my constituency have raised the importance of a transitional period. The UK transition will inevitably bring with it changes to the way in which goods and services are traded between the UK and the EU, and, although businesses on both sides are beginning to anticipate and plan for change, the scope and nature of the changes are as yet unclear. The consequences could range from moderate to significant disruption to current rights and freedoms. The issue goes far beyond banking and impacts on any business that sells goods or services between the UK and the EU.

The negotiation of a new future relationship is a process separate from the article 50 negotiations, and at present there is no indication that a new long-term agreement on trade and services will be in place at the point of exit. Businesses in the UK and the EU face three unknowns: what the future will look like, when the arrangement will be in place and what will happen in the period between the end of the current EU framework and the start of the future framework. That is why transitional arrangements are essential to avoid a damaging cliff-edge effect at the point of exit.

Businesses, customers and regulators will need time to adapt and settle into a new framework. A transition period would reduce the risk of businesses making potentially premature decisions about the structure of their operations. This is why negotiating and embedding transitional arrangements in a withdrawal agreement between the UK and the EU would give both sides a greater degree of visibility and certainty in planning for the future. Clause 6 of the Bill makes it clear that the UK courts will not need to keep even half an eye on the case law of the ECJ. In legislative terms, this is as clear a statement as we can get that the UK courts will not have to follow ECJ decisions, directly or indirectly, post-Brexit.

European Union (Withdrawal) Bill

Preet Kaur Gill Excerpts

Committee: 2nd sitting: House of Commons
Wednesday 15th November 2017 Commons Chamber

This problem can be remedied very simply: either Ministers can indicate that they will now add article 191 to the illustrative list, or we can vote for new clause 67 when we get a chance in a few minutes’ time.

[Preet Kaur Gill (Birmingham, Edgbaston) (Lab/Co-op)]

The European Union (Withdrawal) Bill is intended to bring existing EU legislation into UK law. As we do so, we must ensure that the fundamental rights of children are not diluted.

With our exit from the EU, the UK plans no longer to be party to the EU charter of fundamental rights, so it will not automatically benefit from the protections of children’s rights that exist within the EU legal framework. The treaty of Lisbon introduced an objective for the EU to promote the protection of the rights of children, and the charter of fundamental rights guarantees the protection of the rights of the child by EU institutions, as well as by EU countries when they implement EU law.

The best way to ensure that those rights are maintained after Brexit is to enshrine the UN convention on the rights of the child in UK law. Although the UK is a signatory to that convention, it is not enshrined in domestic law. The Bill removes from UK law the European charter of fundamental rights, proposing that fundamental rights and principles are considered in place of that charter when implementing case law or legislation that refers to it directly after exit day. The Children’s Society has rightly raised its concerns that there is no further information on what these fundamental rights would be, or any clarity about whether the development of children’s rights envisaged in EU law would be considered to be fundamental rights and principles. That is why, in the absence of any clear definition, further integration of the UN convention on the rights of the child in UK law would provide the framework for these fundamental rights for children.

[Anna McMorrin (Cardiff North) (Lab)]

I speak in support of new clauses 28, 30, 60 and 67.

As it stands, this Bill is fatally flawed. It puts huge power into Ministers’ hands without accountability, sidelines Parliament and the devolved Administrations, and puts crucial rights and protections at risk. The Bill also imposes new restrictions on the devolved Administrations. It risks eroding basic human rights and could prevent a transitional deal on the same basic terms that we currently enjoy, including those applying within the single market and the customs union. Such an extreme Brexit was not voted for in the referendum.

It is important that we safeguard the role the EU has played in strengthening and underpinning environmental rights and protections. Most of the UK’s environmental protections stem from EU law and offer us strong safeguards. Safeguarding and protecting the environment lies at the heart of the EU, and these core principles are reflected in its policy and law. I think we know that that is not the case for this Government.

In its current state, the Bill risks leaving dangerous gaps in environmental law. It contains flaws that will leave our natural environment less protected than at present. I want an assurance from the Government that the Bill will convert the entire body of environmental law into domestic law without any watering down, and provide for new governance arrangements so that there is effective implementation of environmental standards, whatever the UK’s future relationship with EU institutions. I want the Bill to restrict the use of secondary legislation before and after Brexit, and to create processes for the robust parliamentary scrutiny of any changes made through secondary legislation during the conversion of EU law. Finally, I want it to ensure that it will be up to devolved Administrations to make their own decisions and laws on those areas that are currently devolved.

I am particularly concerned about the loss of environmental principles. European environmental policy rests on the principles of precaution, prevention and rectifying pollution at its source, as well as that of “polluter pays”. Many of the strongest protections and international commitments to which the UK has signed up are underpinned by general principles of environmental law that are enshrined in EU treaties, but these are all at risk.

Let us put this in perspective by examining what is at stake. We have seen the decline of bees, with 20 bee species lost since 1900 and a further 35 at risk. EU laws on pesticides seek to ensure that potential risks are investigated, but what will happen to that scrutiny?

We must also ensure that the polluter pays. That fundamental principle has led to the improvement of our drinking water and to fines being imposed on operators that are found to have caused pollution, requiring them to repair any damage and to invest in preventive measures. Such laws and principles go a long way in helping to protect and enhance our natural environment. Will the Government continue to issue those fines, or will they bow to the pressure of lobbyists and trade deals? Where is the scrutiny? And where is the precautionary principle, which is also vital to safeguarding our food standards? Will chlorinated chicken from the US enter the UK market? The Bill must ensure at the very least that there will be equivalent provision for environmental standards—[Interruption.]