Unduly Lenient Sentence Scheme

Rosie Winterton Excerpts

Wednesday 23rd November 2022 Commons Chamber

[Jonathan Gullis]

I am very grateful to my hon. Friend. The impact of Sharlotte’s death is impossible to overestimate. I have already explained the deeply saddening impact that it has had on Sharlotte’s immediate family. However, it has also had a huge effect on the local community.

The killing of an innocent child in such tragic circumstances comes with a set of exceptional impacts on the children around Sharlotte, which are unlikely to be felt in cases not involving the death of a child. Sharlotte’s classmates and children in the local community have been left with lasting effects, to the point where some have required specialist counselling and have been left scared to walk at the sides of busy roads. Sharlotte’s death will stay with these children long into adulthood, and I am staggered that that would not also have been considered as part of the sentencing.

In addition, I raised the legal ambiguities surrounding John Owen’s guilty plea. Mr Owen pleaded guilty long after he killed Sharlotte, in May 2022, when the report came back and demonstrated overwhelming evidence against him, including that he was under the influence of alcohol and drugs. Mr Owen did not plead guilty until that report was produced; he could have done that far earlier. Legally, he pleaded guilty at the “earliest possible” moment, but given the lengthy delay and ample opportunity, I do not believe that that should entitle him to the whole one-third reduction in his sentence. I feel the law should consider that with more nuance. It is totally different to plead guilty as soon as possible compared with as soon as “legally possible”.

By definition, the unduly lenient sentence scheme allows the Attorney General to refer a sentence to the Court of Appeal if it is too low. However, it appears that the scheme is practically useless if a case such as this one cannot be at least reviewed. The parameters to get a case reviewed by the Court of Appeal must be extraordinary. That, for me, brings into question the relevance of the scheme. I must ask: what is the point of it, considering that, as a Member of Parliament, I cannot help to get this truly harrowing miscarriage of justice at least appealed? Claire and I were no less than astonished by the Attorney General’s response, which ignored all my further questions. It feels as though the legal system did not care that a mother and a whole community felt completely let down by the law that is supposed to protect them.

To touch on the local actions following Sharlotte’s death, those should serve as an example to the Attorney General about how things must be adapted in response to such an emotive case. Local ward councillors for the area, such as Councillor Dave Evans and Councillor Carl Edwards, have been pushing for traffic-calming measures on Endon Road for many years. It is tragic that it has taken the death of a six-year-old girl for there to be a signalised pedestrian crossing, intermittent speed humps and more markings, but it shows a fundamental recognition that changes were needed following this tragedy—a concept that I advise the Attorney General and the Government to think about. Councillors are also pushing for a weight limit on the road to stop the HGV rat run; I hope that Staffordshire County Council and Stoke-on-Trent City Council can work together to agree on that limit as soon as possible. I would like personally to thank Councillor Carl Edwards, Councillor Dave Evans, Norton Green Residents Association and the local community for their hard work in pushing for road safety in the area.

I am grateful for the Solicitor General agreeing to meet me, following our correspondence, and pleased that our meeting was constructive. During the meeting, he and I discussed gross errors. In legal terms, a gross error is when a judge incorrectly misapplies the law, for example by placing a defendant in the wrong category. Understandably, the Solicitor General argued that the case could not be referred to the Court of Appeal because no gross error had been made. That effectively means that if a judge puts a defendant in the right category, there is no way to argue that the sentence is too lenient.

I believe that that is far too simplistic. It fails to consider that a category 1 sentence can range from eight to 14 years—a substantial difference that would have had a huge impact on the perception of the case. If, for example, the case had been referred to the Court of Appeal and John Owen’s sentence had been extended to the maximum 14 years, it would be perceived to be far more rigorous. However, because the gross error clause only allows cases in the wrong category to be referred, we were unable to bring Sharlotte’s killer to the real justice that he deserves.

It was a huge disappointment to hear that, especially considering that the Solicitor General and I both voted for the Police, Crime, Sentencing and Courts Act 2022, which takes a more robust approach to causing death by dangerous driving—indeed, it extends the maximum sentence way above 14 years. In my view, this sentence undermines the Act’s more rigorous stance on causing death by dangerous driving. Although I accept that that cannot be retrospectively applied to Mr Owen, it does not deter those who might think it sensible to get in their car under the influence of drugs and/or alcohol.

The experience also raises obvious questions about the application of the new law by judges. If Judge Glenn arrived at this insulting sentence within the current parameters, I am not at all confident that a similar sentence would not be issued even under the changes that we have made in this House. I was hugely grateful to the Lord Chancellor for agreeing at Justice questions yesterday to meet Claire and me to discuss sentencing guidelines and try to ensure no other family feels let down by the justice system again.

Ultimately, it is without question that the difficulties that Claire has had in bringing the killer of her six-year-old daughter to justice are wholly unacceptable. There are significant nuances in the law that allowed Mr Owen to prolong the case significantly, yet unnecessarily. That meant that the case dragged on for too long, which has had devastating consequences for Claire and her family. More importantly, it is still my view and that of the Stoke-on-Trent community that John Owen’s sentence is shockingly lenient, considering what he did. The law clearly works in favour of the killer, not the victim—that is the message that I am hearing in the streets of Stoke-on-Trent North, Kidsgrove and Talke. As I said, John Owen is likely to spend only two and a half years in prison. That is simply nowhere near enough time behind bars, considering the consequences of his selfishness.

For all the nuanced, sophisticated legal arguments that the Solicitor General is forced to put forward, it is impossible to ignore the real consequences of what John Owen did on that day in June last year. After consuming far too much alcohol to drive, along with cocaine, he recklessly and selfishly decided that the law did not apply to him and got in his car. By taking that demonstrably thoughtless decision, he killed an innocent six-year-old girl. In my mind, that is one of the worst crimes imaginable.

Over the past year, Claire’s courage in the face of unimaginable adversity has been humbling. She will not stop until the man who killed her daughter is punished properly for the abhorrent crime that he committed. I will join her in that fight, on every step of the way.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the Solicitor General. I will have to interrupt him in about one minute to move the Adjournment again.

Covert Human Intelligence Sources (Criminal Conduct) Bill

Rosie Winterton Excerpts

Consideration of Lords amendments
Wednesday 24th February 2021 Commons Chamber

[The Solicitor General (Michael Ellis)]

I beg to move, That this House agrees with Lords amendment 3B.

[Madam Deputy Speaker (Dame Rosie Winterton)]

With this it will be convenient to consider Lords amendments 4B to 4J.

[The Solicitor General]

I am very pleased to be here today for the final debate on this important Bill before it receives Royal Assent and becomes law.

The Government introduced the Bill in order to provide a clear and consistent legal basis for the rare occasions when, in the course of their important work keeping us safe, it is necessary and proportionate for undercover agents to themselves participate in criminal conduct. That is a long-standing practice that has proved critical, frankly, in identifying and disrupting terrorist plots, drugs and firearms offences, and child sexual exploitation and abuse. For the first time, the Bill places that covert human intelligence source activity on an expressly statutory basis, providing our operational partners with the certainty that they can continue to utilise this tactic as we continue to respond to the evolving threat picture we face as a nation.

The Bill also resolves the tension that has previously existed where the state is asking an individual to engage in the difficult and dangerous work of frustrating crime without providing those self-same individuals with protection from prosecution for doing so. It will therefore benefit our ability henceforth to recruit and retain covert human intelligence sources.

I want to take this opportunity to thank all colleagues, in this House and in the other place, who have contributed to the thoughtful and detailed debates that we have had on the Bill. It is right that the important issues that it raises are subject to scrutiny, and I hope that Her Majesty’s Government have demonstrated a willingness to engage and provide reassurance where possible, including through private briefings with operational partners such as MI5 and others.

I believe that we have a good piece of legislation, which will now move on to the statute book. It strikes an important balance by providing for clear safeguards and independent oversight without jeopardising the operational workability of the regime.

--- Later in debate ---

[Conor McGinn (St Helens North) (Lab)]

It is a pleasure to follow the Solicitor General. Given the seriousness and sensitivity of these matters, it is right to recognise the challenging but constructive engagement that we have had with the Government throughout the passage of this Bill. I again pay tribute to colleagues in the other place. The experience and expertise that so well informs their scrutiny has, without a shadow of a doubt, strengthened this legislation and the protections and safeguards in it. I think the whole House can agree that the Bill before us is in much better shape. We welcome the Government concessions that the shadow Home Secretary and Labour Members, as well as other colleagues, have secured during the Bill’s parliamentary passage.

Turning to the amendments in lieu, Lords amendment 3B relates to the criminal injuries compensation scheme and the vital matter of redress for innocent victims. It would properly ensure that victims were protected and unimpeded in obtaining justice if harm came to them during authorised conduct. Throughout this process, we and colleagues across both Houses have stressed the importance of a viable route to redress for innocent victims if boundaries are broken, and we have tabled and supported amendments to that effect. It is an important principle in law that victims of crime can seek recompense, and these circumstances should be no exception. We therefore welcome the amendment and the Government’s change of heart on the need to make it explicit in the Bill that individuals can access criminal injuries compensation whenever appropriate. I pay tribute to colleagues on the Joint Committee on Human Rights for the work that they have carried out on this alongside Lord Anderson and his colleagues in the other place.

Lords amendments 4B to 4J relate to safeguards for juveniles and vulnerable adults. I pay tribute to my hon. Friend the Member for Walthamstow (Stella Creasy), the right hon. Member for Haltemprice and Howden (Mr Davis), noble lords in the other place and many civic society groups, charities and experts who have worked tirelessly on this issue. We maintain that the protections could go further, but none the less welcome movement on this issue. It was very important to Labour Members and colleagues across the House that the heightened protections for children and vulnerable adults outlined in these amendments should make it clear that criminal conduct authorisations can be granted to minors only in exceptional circumstances, and should take into account any potential physical or psychological harm and wider safeguarding issues, as well as the results of an appropriate risk assessment. The amendments also provide that an appropriate adult must be present at meetings with individuals under 16 years old; most 16 and 17-year-olds will have this right, too. I echo Lord Rosser, who said:

“On this issue, we have not achieved everything that was asked for”,—[Official Report, House of Lords, 9 February 2021; Vol. 810, c. 201.]

but we are pleased to see the Government have listened to our and others’ concerns, and gone beyond prior commitments.

Labour Members will continue to monitor these matters and work to assess their impact. In addition, following the Bill’s passage, we will keep a close eye on the upcoming consultation on the CHIS code of practice to ensure and, if necessary, enhance safeguards in this arena and make them as effective as possible.

As I have said in this House previously, this is not the Bill that we would have proposed or passed. It is far from perfect, but it has been vastly improved during its passage. The amendments in lieu being considered—and, I hope, accepted—today are proof of that. I reiterate that Labour Members recognise the importance and significance of putting CHIS activities on a statutory footing for the first time through this Bill, while ensuring vital safeguards, accountability and protections.

We are eternally grateful to those in the police, the security services, the National Crime Agency and wider law enforcement who put their safety and life at risk to protect ours—as indeed do covert human intelligence sources. Through this Bill, we have sought to meet our duty to support them. The resolute focus on national security, on tackling serious and organised crime, on human rights and on supporting victims that has guided us throughout this Bill’s passage will continue to be a central tenet of our approach as we seek to keep this country, its citizens and our communities safe.

[Madam Deputy Speaker (Dame Rosie Winterton)]

We have until 6.56 pm to conclude proceedings on the Bill, so if Back-Bench contributions were less than five minutes long, that would enable us to get as many Members in as possible. I do not want to impose a time limit, but I hope that colleagues will be considerate of one another. I call Dr Julian Lewis, Chair of the Intelligence and Security Committee.

[Dr Julian Lewis (New Forest East) (Con)]

Right from the outset, the Intelligence and Security Committee has supported the principle behind the Bill, although we have also welcomed attempts by Members in both Houses to improve it. It is a very important Bill. Covert human intelligence sources or agents provide vital information to assist the security and intelligence agencies in their investigations. They save lives. As the head of MI5 recently said, without them, many of the attacks foiled in recent years

“would not have been prevented.”

In working undercover, CHIS need to be trusted by those they are reporting on, so that they can gain the information that the authorities need. CHIS may therefore need to carry out criminal activity to maintain their cover. Their handlers must be able to authorise them to do so, in certain circumstances and subject to specific safeguards. The Bill places the powers that certain organisations have to authorise such activity on an explicit statutory basis—something that we should all welcome.

The Bill before us has been improved since it was introduced in September, and that is a measure of the effective scrutiny of national security legislation by Parliament, including by the ISC. These are very serious powers for the state to exercise, and it is right that they be properly scrutinised. In particular, the ISC welcomes the provisions brought forward in the other place by Lord Anderson, the former independent reviewer of terrorism legislation, requiring all criminal conduct authorisations to be notified to judicial commissioners as soon as possible and within seven days. Judicial oversight is a vital safeguard, and this measure should give the public confidence that these powers will be used only when proportionate, necessary, and in accordance with the law.

The final amendments to the Bill that the House is being asked to approve today are sensible provisions that the House should welcome. The additional safeguards for children and vulnerable people are particularly welcome, and it is clear that the Government have listened to the strength of feeling in both Houses on this matter. Many of the changes made to the Bill will be reflected in an updated CHIS code of conduct, which I understand will be drafted over the coming months. This revised code of conduct will include new language emphasising the important oversight role of the Intelligence and Security Committee in relation to the use of these powers by the intelligence agencies. The Committee welcomes that, and I can assure the House that the ISC fully intends to exercise its oversight powers to ensure that criminal conduct authorisations are used appropriately.

I thank Ministers and those who support them for the constructive way in which they have engaged with the Committee on the Bill. I pay particular tribute to my right hon. Friend the Minister for Security, who unfortunately cannot be with us today. I wish him the very best for his recovery, and I look forward to working with him in future. Finally, I pay tribute to the men and women of our security and intelligence agencies and, most importantly on this occasion, to their covert human intelligence sources—individuals whom few of us will ever know, but whose bravery saves lives. We all owe them a great debt of gratitude for their courageous service.

--- Later in debate ---

[The Solicitor General]

I thank Members for their contributions to this debate this afternoon. I will be brief in my response, as there has been extensive discussion on these issues during the Bill’s passage. First, in response to my right hon. Friend the Member for Haltemprice and Howden (Mr Davis), I am happy to confirm that an authorisation of conduct that would breach the Human Rights Act would always be unlawful. All authorisations issued under the Bill must comply with the Human Rights Act or they will be unlawful. I can therefore confirm and place on record that the Human Rights Act binds all the authorised activity of undercover agents, alongside the state itself.

The Government have taken a collaborative approach to the passage of the Bill, as the House knows, recognising the seriousness of national security issues, and I thank Her Majesty’s Opposition for their similar approach. Where we have been able to provide greater reassurance in response to concerns raised by Parliament—for example, on oversight—we have done so, either through briefings, amendments to the code of practice or amendments to the Bill itself.

The Bill provides for a substantive oversight role for the Investigatory Powers Commissioner, who is independent, giving him real-time sight of every authorisation. It sets out detailed additional safeguards for the authorisation of juveniles or vulnerable adults, which will all be subject to oversight by the Investigatory Powers Commissioner. The code of practice that underpins the legislation, which will be subject to debate and vote by Parliament, then sets out the detailed processes that support the Bill and this activity.

Our approach to the Bill has been led by the advice and expertise of our operational partners, who will now implement it. We have sought to ensure that, in seeking to provide greater clarity and reassurance on the safeguards and processes, the Bill is both operationally workable and avoids any unintended consequences for the safety of a covert human intelligence source or, indeed, the wider public. I believe, and operational partners agree, that the Bill does that, and it will now move to Royal Assent.

I close by sending my best wishes to the Minister for Security, as many in the House have done, and expressing my gratitude and abiding respect for our security services and covert human intelligence sources in their work to protect the safety of this realm.

Lords amendment 3B agreed to.

Lords amendments 4B to 4J agreed to.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I will suspend the House for two minutes, to enable arrangements to be made for the next business.

Covert Human Intelligence Sources (Criminal Conduct) Bill

Rosie Winterton Excerpts

Consideration of Lords amendments & Ping Pong & Ping Pong: House of Commons
Wednesday 27th January 2021 Commons Chamber

Committee to withdraw immediately; reasons to be reported and communicated to the Lords.

[Madam Deputy Speaker (Dame Rosie Winterton)]

In order to observe social distancing, the Reasons Committee will meet in Committee Room 12.

Medicines and Medical Devices Bill (Programme) (NO.3)

Motion made, and Question put forthwith (Standing Order No. 83A(7)),

That the following provisions shall apply to the Medicines and Medical Devices Bill for the purpose of supplementing the Order of 2 March 2020 (Medicines and Medical Devices Bill (Programme)), as amended by the Order of 22 April 2020 (Medicines and Medical Devices Bill (Programme) (No. 2)):

Consideration of Lords Amendments

(1) Proceedings on consideration of Lords amendments shall (so far as not previously concluded) be brought to a conclusion two hours after their commencement.

Subsequent stages

(2) Any further Message from the Lords may be considered forthwith without any Question being put.

(3) The proceedings on any further Message from the Lords shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement.—(Rebecca Harris.)

Question agreed to.

Unduly Lenient Sentence Scheme

Rosie Winterton Excerpts

Monday 5th October 2020 Commons Chamber

[Lee Anderson]

I completely agree once again that the sentence must fit the crime. The unduly lenient sentence scheme is tailored for such incidents, and I hope that it has been referred to the Attorney General.

Edi Gomes in Nottinghamshire was sentenced to 240 hours of unpaid work and was then back out on the streets. That is not justice for the victim, and it sends out the wrong message to the public and our police. I was therefore delighted to hear that the case was referred to the Attorney General, whose office agreed that the case should be referred to the Court of Appeal under the scheme, which ruled that his previous non-custodial sentence was too lenient and that he should be locked up. Following the review, Gomes was sentenced to 18 months in custody.

To have a long-term impact on reducing knife crime, it is essential that the police, the justice system and communities take a stand together. The custodial sentencing decision sends the right message to those who carry and use knives in Nottinghamshire and across the country. The scheme sends a message to the general public that the Government will do whatever it takes to ensure that the people who commit these offences face the full consequences of their actions.

My constituents were further encouraged by the effectiveness of the scheme when, in 2018, two Nottinghamshire drug dealers were jailed over the importation of more than £65 million-worth of cocaine and heroin and handed 16-year custodial sentences. More than 142 kilos of drugs were seized at the helm of the two men, and with their sentences ruled too lenient they each received an extra three years on top of their original sentences. Those men deserve nothing less than 19 years’ imprisonment.

I appeal to the Attorney General to consider extending the scheme to ensure that all crimes where someone has died are eligible for review. Although death by dangerous driving is covered by the unduly lenient sentence scheme, death by careless driving is not. It is my belief that if a crime involves a death, that should be a triggering factor in deciding whether it is serious enough to be reviewed.

There has been some success with the scheme in terms of sexual offences, with the recent example of school bus driver Robert Woolner, who took photos of young girls leaving his bus and was found guilty of attempting to arrange a child sex offence. He will now be imprisoned for longer after his sentence was reviewed under the scheme. Woolner was arrested after he was caught communicating and discussing oral sex with a person whom he thought was a 13-year-old boy. The boy was in fact an undercover police officer, and the offender was arrested in the place where they had arranged to meet. Police then found extreme pornographic content on Woolner’s phone, as well as three videos made during his employment as a school bus driver showing under the skirts of schoolgirls as they left the school bus.

On 17 July, Woolner was originally sentenced at St Albans Crown Court to 12 months’ imprisonment for attempting to arrange or facilitate a child sex offence, possessing extreme pornographic images and multiple counts of recording an image under clothing. Following the Solicitor General’s intervention, the Court of Appeal increased his sentence to two years and six months’ imprisonment. An individual such as Robert Woolner, who is evidently extremely dangerous, shows us exactly why this scheme is necessary.

The Government must continue to work to fulfil our manifesto commitments to bring in tougher sentences. A more efficient approach to sentencing will grow confidence in the criminal justice system’s ability to deal effectively with the worst offenders and protect citizens. No one should feel unsafe walking our streets, so I look to the Minister with great optimism and belief that this Government will take the approach I have outlined and seriously consider extending the unduly lenient sentence scheme to cover more sentences. Thank you so much, Madam Deputy Speaker, for giving me the chance, on behalf of the people of Ashfield and Eastwood, to put this debate to this House.

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. Before I bring in the Minister, I just wanted to explain that when the Adjournment debate starts before 10 o’clock, we have to move the motion again. That is why I had to interrupt the hon. Gentleman. I hope I did not put him off his stride—it does not sound as though I did.

European Union (Withdrawal) Bill

Rosie Winterton Excerpts

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

[Sir William Cash (Stone) (Con)]

On a point of order, Dame Rosie. On the yesterday’s selection list—and, in part, today’s—there are some extremely helpful references to the page numbers of this enormous wodge of amendments. Would it be possible for the Clerks to be good enough to put the page numbers on the selection list for easy reference, because it is sometimes quite difficult to find the amendments at short notice?

[The Second Deputy Chairman of Ways and Means (Dame Rosie Winterton)]

I will certainly bring that to the attention of the Public Bill Office and see what we can do to help.

New Clause 2

Retaining Enhanced Protection

“Regulations provided for by Acts of Parliament other than this Act may not be used by Ministers of the Crown to amend or modify retained EU law in the following areas—

(a) employment entitlement, rights and protections;

(b) equality entitlements, rights and protections;

(c) health and safety entitlement, rights and protections;

(d) fundamental rights as defined in the EU Charter of Fundamental Rights.”—(Matthew Pennycook.)

This new clause would prevent delegated powers from other Acts being used to alter workplace protections, equality provisions, health and safety regulations or fundamental rights.

Brought up, and read the First time.

[Matthew Pennycook]

I beg to move, That the clause be read a Second time.

[The Second Deputy Chairman of Ways and Means]

With this it will be convenient to discuss the following:

New clause 15—Provisions relating to the EU or the EEA in respect of EU-derived domestic legislation—

“HM Government shall make arrangements to report to both Houses of Parliament whenever circumstances arising in section 2(2)(d) would otherwise have amended provisions or definitions in UK law had the UK remained a member of the EU or EEA beyond exit day.”

This new clause would ensure that Parliament is informed of changes in EU and EEA provisions that might have amended UK law if the UK had remained a member of those institutions beyond exit day.

New clause 25—Treatment of retained law—

“(1) Following the commencement of this Act, no modification may be made to retained EU law save by primary legislation, or by subordinate legislation made under this Act.

(2) By regulation, the Minister may establish a Schedule listing technical provisions of retained EU law that may be amended by subordinate legislation.

(3) Regulations made under subsection (2) will be subject to an enhanced scrutiny procedure including consultation with the public and relevant stakeholders.

(4) Regulations may only be made under subsection (2) to the extent that they will have no detrimental impact on the UK environment.

(5) Delegated powers may only be used to modify provisions of retained EU law listed in any Schedule made under subsection (2) to the extent that such modification will not limit the scope or weaken standards of environmental protection.”

This new clause provides a mechanism for Ministers to establish a list of technical provisions of retained EU law that may be amended by subordinate legislation outside of the time restrictions of the Bill.

New clause 50—Continuing validity in the United Kingdom of European Union law—

“(1) The European Communities Act 1972 shall continue to have effect in the United Kingdom after the date on which the United Kingdom leaves the European Union as if the United Kingdom continued to be bound by the Treaties.

(2) Accordingly all such rights, powers, liabilities, obligations and restrictions created or arising by or under the Treaties, and all such remedies as provided for by or under the Treaties, as in accordance with the Treaties are without further enactment given legal effect or used in the United Kingdom shall continue to be recognised and available in law, and be enforced, allowed and followed accordingly.

(3) Subsections (1) and (2) do not apply to any primary legislation passed by Parliament coming into force after the date of exit from the European Union which includes a provision to the effect that that Act, or specified provisions of that Act, have effect notwithstanding the provisions of section (Continuing validity in the United Kingdom of European Union law)(1) and (2) of the European Union (Withdrawal) Act 2017.”

New clause 51—Duty of review of European Union law—

“(1) The Prime Minister must lay before Parliament within six months of the date of the United Kingdom leaving the European Union, and at least once a year thereafter, a review of all European Union legislation and decisions still applicable to the United Kingdom, with proposals for re-enactment, replacement or repeal by the United Kingdom Parliament of any provisions of European Union law, with or without modification, as United Kingdom legislation.

(2) The House of Commons may appoint or designate one or more select committees to consider any report under subsection (1).”

New clause 55—Treatment of retained law (No. 2)—

“(1) Following the day on which this Act is passed, no modification may be made to retained EU law except by primary legislation, or by subordinate legislation made under this Act.

(2) The Secretary of State must by regulations establish a schedule listing technical provisions of retained EU law that may be amended by subordinate legislation.

(3) Subordinate legislation to which subsection (2) applies must be subject to an enhanced scrutiny procedure, to be established by regulations made by the Secretary of State after approval in draft by both Houses of Parliament, which must include consultation with the public and relevant stakeholders.

(4) Delegated powers may be used only to modify provisions of retained EU law listed in any Schedule made under subsection (2) to the extent that such modification will not limit the scope or weaken standards of equalities, environmental and employment protection, and consumer standards.”

This amendment would qualify the powers conferred to alter law by statutory instrument after exit day.

New clause 58—Retaining Enhanced Protection (No. 2)—

“Regulations provided for by Acts of Parliament other than this Act may not be used by Ministers of the Crown to amend, repeal or modify retained EU law in the following areas—

(a) employment entitlement, rights and protection;

(b) equality entitlements, rights and protection;

(c) health and safety entitlement, rights and protection;

(d) consumer standards; and

(e) environmental standards and protection.”

This new clause would ensure that after exit day, EU-derived employment rights, environmental protection, standards of equalities, health and safety standards and consumer standards can only be amended by primary legislation or subordinate legislation made under this Act.

Amendment 200, in clause 2, page 1, line 12, after “passed” insert “and commenced,”.

Amendment 87, page 1, line 19, at end insert

“or any enactment to which subsection (2A) applies.

‘(2A) This subsection applies to any enactment of the United Kingdom Parliament which—

(a) applies to Wales and does not relate to matters specified in Schedule 7A to the Government of Wales Act 2006,

(b) applies to Scotland and does not relate to matters specified in Schedule 5 to the Scotland Act 1998,

(c) applies to Northern Ireland and does not relate to matters specified in Schedules 2 or 3 to the Northern Ireland Act 1998.’”

This amendment would alter the definition of EU retained law so as only to include reserved areas of legislation. This will allow the National Assembly for Wales and the other devolved administrations to legislate on areas of EU derived law which fall under devolved competency for themselves.

Amendment 201, page 1, line 19, at end insert—

“(2A) For the purposes of this Act, any EU-derived domestic legislation has effect in domestic law immediately before exit day if—

(a) in the case of anything which shall apply or be operative from a particular date, applies or is operative before exit day, or

(b) in any other case, it has been commenced and is in force immediately before exit day.”

Clause 2 stand part.

Amendment 217, in clause 3, page 2, leave out lines 13 to 22.

This amendment, along with Amendment 64 to Schedule 8 would exclude the European Economic Area agreement from the Bill, allowing the UK to remain in the EEA.

Amendment 356, page 2, line 22, at end insert—

“(2A) A Minister of the Crown may by regulations provide for prospective EU legislation to form part of domestic law as it has effect in EU law, from the time at which it begins to apply or from some later time.

(2B) In subsection (2A) “prospective EU legislation” means—

(a) an EU regulation which is adopted, notified or in force immediately before exit day, or

(b) EU tertiary legislation made under retained EU law, so far as it is not operative immediately before exit day.

(2C) A statutory instrument containing regulations under subsection (2A) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”

The amendment would allow Ministers, with parliamentary approval, to apply EU legislation which has been passed before exit day but does not take full effect until after that day, along with subordinate measures made for the purposes of EU legislation which is retained under the Bill and taking effect after exit day.

Clause 3 stand part.

New clause 29—Parliamentary vote on withdrawal from European Economic Area—

“The requirement of this section is that each House of Parliament has passed a resolution in the following terms—

That this House supports the United Kingdom’s withdrawal from the European Economic Area.”

This new clause describes the requirement for each House of Parliament to agree to withdrawal from the European Economic Area and is linked to Amendment 128 which makes the exercise of the power to make regulations implementing the withdrawal agreement contingent on such agreement.

Amendment 128, in clause 9, page 7, line 8, at end insert—

“(3A) No regulations may be made under this section until the requirement of section (Parliamentary vote on withdrawal from European Economic Area) have been met.”

This amendment makes the exercise of the power to make regulations implementing the withdrawal agreement contingent on the requirement for separate agreement on withdrawal from the European Economic Area of NC29.

New clause 22—EEA Agreement—

“(1) No Minister may, under this Act, notify the withdrawal of the United Kingdom from the EEA Agreement, whether under Article 127 of that Agreement or otherwise.

(2) Regulations under this Act may not make any provision that would constitute a breach of the United Kingdom’s obligations under the EEA Agreement.

(3) Regulations under this Act may not amend or repeal subsection (1) or (2).”

New clause 9—European Economic Area—

“The United Kingdom shall, after exit day, remain a member of the European Economic Area as set out in the European Economic Area Act 1993, and the provisions in Part 2 of Schedule 8 relating to the United Kingdom‘s membership of the EEA shall not take effect until such time as Ministers have published a White Paper assessing the costs and benefits for the UK economy of remaining a member of the European Economic Area after exit day.”

This new Clause would ensure that the UK can remain a member of the European Economic Area until such time as Ministers publish a specific assessment in the form of a White Paper setting out the costs and benefits for the UK of remaining a member after exit day.

New clause 23—EFTA membership—

“The Secretary of State shall, no later than six months after this Act has gained Royal Assent, lay a report before Parliament setting out an assessment of whether it would be in the interests of the United Kingdom to join the European Free Trade Association (EFTA) and, if so, whether it should remain a party to the EEA Agreement as a member of EFTA.”

New clause 45—European Economic Area (No. 2)—

“Nothing in this Act authorises the Prime Minister to give notice under Article 127 of the EEA Agreement of the United Kingdom’s intention to opt out of the EEA.”

Amendment 64, page 54, in schedule 8, leave out paragraphs 12 to 17.

This amendment would retain the provisions of the European Economic Area Act 1993 as part of domestic legislation beyond exit day.

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[Helen Goodman (Bishop Auckland) (Lab)]

On a point of order, Dame Rosie. Yesterday’s selection list meant that it was not possible to debate the amendments on the customs union or on the European agencies. I do not say this as a criticism of the Chair—obviously, a selection has to be made—but these are extremely important areas of European law, which, as the current schedule stands, we will not now have an opportunity to debate. However, the Government did say that they were prepared, if need be, for extra time to be given to the Committee stage in the House. How might we facilitate securing more time to debate these extremely important issues?

[The Second Deputy Chairman of Ways and Means]

Obviously I would not comment on the order of selection on the Floor of the House, but the Leader of the House is here and I am sure that she will have heard the hon. Lady’s comments.

[Mr Grieve]

It is a pleasure again to be able to participate in this debate.

The new clause in the name of the Leader of the Opposition raises a really important issue about the way in which the Government have approached the whole question of retained EU law. To be clear at the outset, and it is worth repeating, the Government’s aim—to bring EU law into our own law, retain it there to ensure continuity and then, over time, to take such steps as this Parliament wishes to take to replace it or change it—makes absolute sense. But as we discussed yesterday, the difficulty that arises is that the origins of EU law mean that it has come into the law of this country in ways that are totally different from our usual process of primary and secondary legislation. [Interruption.] Does my hon. Friend the Member for Stone (Sir William Cash) wish me to give way? I thought that he said something from a sedentary position.

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[Rachel Maclean (Redditch) (Con)]

I accept that my right hon. and learned Friend has considerably greater knowledge of these matters than I do, so I wish to ask him about a more general point. I take on board his detailed points about how law is made in this place. However, does he accept that we have very good laws that were made outside the EU—for example, the health and safety legislation that was made domestically in our Parliament? With regard to Labour Members saying that we are not concerned with workers’ rights—

[The Second Deputy Chairman]

Order. Interventions should be short, not mini-speeches.

[Rachel Maclean]

Does my right hon. and learned Friend agree with me on that point?