European Union (Withdrawal) Bill

Vicky Ford Excerpts

2nd reading: House of Commons
Monday 11th September 2017 Commons Chamber

[Vicky Ford (Chelmsford) (Con)]

In last year’s referendum I and many others warned of the risk of uncertainty. That risk has not gone away, but we can work together to reduce it, which is why the Bill is needed. Businesses need legal certainty to trade, create jobs and generate taxes, and the laws that govern our businesses are important. For the past 40 years or so, many of those laws have been agreed at European level. In my time in the European Parliament, I saw how those laws often cover important areas: consumer rights, copyright, product safety, even counterfeit medicines and data protection.

In my constituency of Chelmsford there are about 2,000 jobs in the insurance sector. The UK is home to the world’s largest insurance market, and we provide insurance for airline crashes, cyber-attacks and even to clear up after the horrific hurricane that is raging across the Atlantic today. Our insurance companies can offset such risks by re-insuring with others in the industry, and the industry is governed by the European regulations. Our companies do not want to scrap their rulebook, and the Bill will enable those rules to be moved into UK law; it will help avoid a legal vacuum, which is important. Many laws cannot be directly copied across; technical changes are needed, and Ministers need the powers to make those technical decisions.

The Bill is not perfect; there are many areas where decisions are not technical and policy decisions will need to be made. In the insurance sector we see that the devil is in the detail. Article 16 of the insurance distribution directive says that European insurers can only redistribute their risk to others that are regulated in the EU. We cannot just cut and paste that into our rulebook, as it would cut us out of our own market. Dealing with such examples is not straightforward; policy decisions are needed, and they could affect real jobs. The companies concerned want to be consulted, as will regulators in other countries, and such decisions deserve proper scrutiny.

Other sectors also have concerns. The Bill exempts the charter of fundamental rights, but the tech sector points out that article 8 of the charter is crucial because it underpins data protection laws, which enable the free flow of data. TheCityUK asks what is happening to the level 2 decisions, which are important in implementing much of our financial services law and many of which will arrive only after the date of exit. The consumer organisation Which? points out that EU directives provide not only consumer protection, but product standards and the networks for sharing information on things such as dangerous toys and dodgy electrical goods. What is to happen to those after Brexit?

It is important that stakeholders can raise their concerns, and significant decisions deserve to be properly debated. The statutory instrument mechanism does not give confidence to stakeholders or future trading partners that issues will be properly scrutinised. Some 3,500 statutory instruments are laid before this House every year, yet only eight have been annulled since world war two. The rest of the world is watching us. As a British Conservative, I have spent years working with Ministers, championing the cause of better regulation; we have told legislators all across the EU that before they change laws they should consult those who will be affected, address the impact and make sure that decisions are not just taken behind closed doors. Now is not the time to drop the ball on that at home, because if we are to get deep trading partnerships with Europe and other parts of the world, we need to retain their trust. Where decisions have an impact on other countries, our future trading partners need to know that we are open to listening to their suggestions.

[Sir Edward Davey]

The hon. Lady is making a powerful point. When I was a Business Minister in the coalition Government, I negotiated with the EU Council on competitiveness to ensure that the EU undertook proper regulatory impact assessments of its regulations. That was a considered approach to make sure that stakeholders were consulted. Under the regulations proposed in the Bill no such consultation will take place, which is far worse and far more damaging than the situation under the EU.

[Vicky Ford]

I wish the EU had followed that mechanism all the time, then we might not be where we are now. The right hon. Gentleman’s point shows precisely why we need amendments, which I was coming to. Last Thursday, the Secretary of State suggested that he would be prepared to agree to a sifting or triage process, so that technical decisions could be made swiftly but more important policy decisions can have proper scrutiny. The Opposition have not offered any alternative drafting, but that is the sort of amendment we need to see. I will be supporting the Bill tonight, because it is necessary and it needs to move to Committee. We need to make sure we put in place many amendments so that we provide for scrutiny, but this is not a time to just throw out the Bill, because history will not thank those who treat this as another game of political football.

European Union (Withdrawal) Bill

Vicky Ford Excerpts

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

[Mr Jenkin]

Would I be telling tales out of school if I said that I had thought about it, and discussed it? In fact, there was plenty of friendly discussion about it, but in the end the Government decided the matter for themselves, and I support the Government. I think that, given that we are in a slight minority in this Parliament and we have to deliver a very difficult Brexit and take part in difficult negotiations, it is incumbent on all Conservative Members to support the Government whenever we can.

[Vicky Ford (Chelmsford) (Con)]

I completely agree with a vast amount of what my hon. Friend has said. Article 50 sets the date, but it also sets the process, and the last part of the process is a vote in the European Parliament. As I recall from my time in the European Parliament, it often asks for a little bit extra at the last minute. My concern about hard-wiring the date is that it makes it more difficult for our Government and the other 27 national Governments to give that little bit of extra time should it be needed. It loses our flexibility rather than giving us more. That is my only concern.

[Mr Jenkin]

Unfortunately, even the European Parliament cannot change the exit date. It would have to be agreed by all the other member states. To predicate our negotiating position on our ability to persuade the 27 member states—and the Commission and the negotiating team in Brussels—to extend the date would be completely wrong.

Any Members who intend to vote against this date must be really confident that they can change a date that has already been set by the European Union treaties. The whole point about the deal/no deal scenario is that—as I have already said to the right hon. Member for Knowsley—either we accept the deal, and the House votes on it, or there is no deal. That is the choice that is available to the House. The House cannot veto Brexit—[Interruption.] I wish to conclude my speech.

Any Members who voted for the European Union (Notification of Withdrawal) Bill are obliged to support the amendment, because that is the date for which they implicitly voted when they voted for the Bill, and for a two-year period. Any Members who voted for article 50 but now do not wish to fix the date are open to the charge that they do not actually want us to leave the European Union—[Interruption.] Let me say this to my right hon. and learned Friend the Member for Beaconsfield. He has suggested that if we do not have a deal we will be jumping into “a void”, and that fixing the date will constrain our negotiations and disenfranchise Parliament. I respect the sincerity of my right hon. and learned Friend’s passion, but he calls the cut-off date barmy when he voted for that date by voting for the article 50 Bill. This amendment rumbles those who have not really accepted that we are leaving the EU.

European Union (Withdrawal) Bill

Vicky Ford Excerpts

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

[Mr Grieve]

I understand my right hon. Friend’s point, but I wonder whether we are in danger of straying into another topic. There is an issue about the operation of the mechanism for implementing the changes and taking us out of the EU. I keep confidently hoping that the Government will be able to respond positively to that by having an adequate sifting mechanism for Parliament. Even when that has taken place, the changes envisaged for EU law are, as far as I can see, of a semi-permanent or permanent character. They are about the nature and quality of the law that we have decided to bring in, rather than the manner in which we have decided to do so. New clause 55 is very similar to new clause 25, tabled by the hon. Member for Bristol East (Kerry McCarthy), and they seek to look at the matter in slightly different ways. The question is how the Government will respond.

That raises, perhaps, a more fundamental issue about the process of debate in this House, on which I hope the Government will be able to provide some reassurance this afternoon. I do not know how other hon. Members found it, but I found yesterday hugely instructive, not because it led to some votes—it did so, but let us leave the votes out of it—but precisely because it gave us the opportunity to have a cogent and sensible debate about problems on which, as we proceeded, we began to perceive that there might indeed be a degree of consensus. The problem is that we always run up against the sense that if the Government come to the Dispatch Box and say, “This is very interesting, and we will think about it,” but we do not do something about it then and there, we may lose our opportunity ever to do something about it. We will, of course, have the opportunity of Report stage, should the Bill have one.

[Vicky Ford (Chelmsford) (Con)]

I want to pick up my right hon. and learned Friend’s point about consensus. As I understand it, new clause 55 is designed to send a clear message that the Government do not intend to lower standards for the environment, financial services or consumers without an open and transparent process. I have heard Ministers say from the Front Bench again and again that they do not intend to lower those important standards. Does he agree that that is an important message to give to our future trading partners in Europe?

[Mr Grieve]

I agree entirely with my hon. Friend. If we are to have a deep and special relationship, it is inconceivable that we could dilute the rights that have been created.

European Union (Withdrawal) Bill

Vicky Ford Excerpts

Committee: 3rd sitting: House of Commons
Tuesday 21st November 2017 Commons Chamber

[Dominic Raab]

Yes, it will, and, as I was about to say, there will indeed be a Report stage. If my right hon. Friend, or any other Member, feels that our analysis is deficient, or that we have missed out a substantive right that risks being removed if the charter is not retained, once the memorandum has been considered I will be happy to sit down with my right hon. Friend—and any other Members—and discuss the issue again.

[Vicky Ford (Chelmsford) (Con)]

This has been a long and complex legal argument, but let me summarise it. The issue of data protection is vital to many of my constituents, especially young people online, but it is also vital to our tech and financial services sectors. Can my hon. Friend assure me that there will be no risk of a legal challenge in relation to data protection because of the way in which these provisions are being brought into British law?

[Dominic Raab]

I know that my hon. Friend is an expert on these matters because of her time in the European Parliament. I shall be addressing data protection directly, but I shall be happy to give way to her again in due course.

The other argument that has been made about the charter is “If it does nothing wrong or does nothing by itself, where is the harm in keeping it?” However, as was pointed out by my right hon. and learned Friend the Member for Rushcliffe, the charter applies to member states only when they are acting within the scope of EU law. Indeed, it is a specific device intended to codify—not create—rights, and apply them to EU member states and other EU institutions operating within the framework of EU law. It would be curious, if not perverse, to incorporate that instrument directly in UK law, or implement it, at the very moment when we ceased to have the relevant obligations as a member of the EU.

--- Later in debate ---

[Vicky Ford]

I thank the Minister for his words on the Data Protection Bill, which will give strong data protection in the UK. However, my understanding of general data protection regulation in Europe is that it is based on the fundamental principle that people own their own data, whereas the Data Protection Bill does not, as we have drafted it here, start with that fundamental principle. So we either need to amend that Bill or still recognise that principle in order for them to be equivalent; that is what we need to aim for if we want to achieve equivalence.

[Dominic Raab]

I thank my hon. Friend; she has made her point in a very careful way. I suggest that that is something for the passage of the Data Protection Bill in due course, if she feels there are gaps in it, and if, after having looked at the memorandum we are publishing, she is not persuaded that we will be reflecting in UK law after exit all the rights.

--- Later in debate ---

[Vicky Ford]

I thank the Solicitor General for saying that he is going to look seriously at these points during the Committee stage. The point of bringing EU law into the UK law is to give certainty. Each of those European regulations has strict articles—the letter of the law—and the recitals, which give guidance as to how it is to be interpreted and implemented. Will he assure me that he will seek to ensure that our judges will look at not only the articles, but the recitals—the principles behind it?

[The Solicitor General]

I can assure my hon. Friend that that will be the case. We had a debate about this in a slightly different context earlier in Committee, but I can assure her that all that material is relevant for any court that might have to interpret it.

--- Later in debate ---

[Vicky Ford]

It has been a huge honour to listen to the debate, and to hear so many contributions from so many wise colleagues.

I want to talk about the fundamental right to personal data protection, an issue that I have raised before in the House. It is a very important issue, because we are in the middle of a digital revolution—in the middle of the fourth industrial revolution. The ability to process vast quantities of data is vital to our tech and digital sectors, and is driving the future of medical research. If we want to continue to play a world-leading role, we must continue to be able to exchange data easily with other parts of the world.

In the history of our country privacy has largely been protected, but that has not always been the case in many European countries. Data protection—the right to have one’s personal data protected—is a treasured right. Let me point out to the Solicitor General that data equivalence will be not just a legal but a political issue, and we must therefore leave no one in any doubt that Britain intends to respect personal data.

It is excellent that the Government have agreed to implement the general data protection regulation. It is a highly complex directive, but it was not just agreed in some far-off place in Brussels. The process was led for the Liberals by a British Liberal who sits in the House of Lords and for the Conservatives by a British Conservative who also sits in the House of Lords, and was chaired by a British Labour MEP who is still chairing the relevant committee. So Britain was very much involved in the establishment of the GDPR.

There is a technical difference between the GDPR and the Data Protection Bill. The GDPR makes it clear that its first principle is to protect the right to personal data, and it is important that we too are seen to give that direct protection. It is in the interests of both sides to provide data adequacy. After all, Britain is responsible for more than 10% of world data flows, more than three quarters of which take place between Britain and the rest of Europe. Other European countries need to maintain that data flow, but the field is continually evolving: for instance, the European Commission is looking into ePrivacy law.

The hon. Member for Argyll and Bute (Brendan O’Hara) seemed to suggest that the Government were somehow not treating data adequacy negotiation seriously—we are—and told us that the Government had said they might want something “akin to” a data adequacy agreement. That is because the current agreement, the EU-US data privacy shield, is not as stable as data adequacy might be as part of a free trade agreement. There are many different ways in which that could be agreed, so let us ensure that we keep all the options open.

I hope I have given an example of an area in which rights are continually evolving—and, in a rapidly changing world, the rights that each of us has will need to evolve continually. Having listened to the debate, I think that we should not cut and paste the charter into British law now, but that we should take the matter seriously. We have been promised today that within the next two weeks—by 5 December—the Government will go through every single one of those rights, will list the parts of British law in which they already exist, and, if there are parts where they do not yet exist, will show us the process whereby they will be introduced. I think that, on that basis, we will create a more stable agreement to protect not just the rights of today but the rights of tomorrow, which is why I will vote against the amendments.

[Mr Leslie]

The debate on new clause 16 and the myriad other amendments has been held in a collegiate atmosphere. We have focused on the specific rights and wrongs of a number of quite technical legal points, but the one thing that stood out for me was the debate on the charter of fundamental rights. I have to tell the Minister that I am not convinced by the Government’s case. We were sold the idea that this would be “copy and paste” legislation, but that turns out not to be so. We were told that there was no need for the charter of fundamental rights, but if that is the case, what is the harm in retaining it? Those rights are incredibly important. They include the rights to privacy, personal data, freedom of expression, education, data privacy and healthcare, as well as the rights of children and elderly people. There are many rights in that charter, and it is important that we keep it within our legislative framework.

European Union (Withdrawal) Bill

Vicky Ford Excerpts

Committee: 6th sitting: House of Commons
Tuesday 12th December 2017 Commons Chamber

[Mr Grieve]

Such organisations can be summoned before the new Select Committee. They can come along and provide input to the committee on anything that has been tabled; that has been my understanding of how it would work and, indeed, my hon. Friend the Member for Broxbourne, sitting to my right, has just confirmed that. There is a mechanism here. Obviously, to come back to the point I made earlier, this depends on the quality of the committee and shows why it will be so important. It also comes back to the Procedure Committee and how it works. For all those reasons, I think that this is a workable arrangement.

[Vicky Ford (Chelmsford) (Con)]

On the quality of the committee and the scrutiny process, the committee will be scrutinising changes to detailed pieces of European legislation. In my experience, in other countries’ Parliaments, an expert committee often does the scrutiny. So financial experts would consider a piece of finance legislation; environmental legislation would be considered by environment experts; and a judicial piece of legislation might be considered by those involved with their justice committee. Does he agree that it would be sensible to include Members with expertise in the underlying legislation, as well as in British legal practice, on the committee?

[Mr Grieve]

That would be a very sensible course of action. As I say, the burden is on the Government to show some common sense and inventiveness in how they approach this. My understanding is also that, as was mentioned earlier, the committee will not have a Government majority—

--- Later in debate ---

[Mr Baker]

The hon. Lady has put her point on the record, but what we are doing is accepting the amendments tabled by my hon. Friend the Member for Broxbourne. I also draw her attention to the Standing Orders.

A number of Members have referred to the general need for a reform of the scrutiny of statutory instruments. I spent a very informative weekend reading the Hansard Society’s book “The Devil is in the Detail”, which I recommend to any Member who wishes to be fully apprised of the case for the reform of delegated legislation, but I must add that this is not the moment for a complete reform of secondary legislation. What we need to do is accept the amendments from the Procedure Committee, and to move forward.

[Vicky Ford]

Will my hon. Friend give way?

[Mr Baker]

I hope that my hon. Friend will forgive me if I do not. I am very conscious that I am only 20 minutes into my speech.

[Vicky Ford]

May I ask my hon. Friend to give way on this point?

[Mr Baker]

I will do so just the once.

[Vicky Ford]

May I make a very brief observation about the sifting committee and the expertise? In my experience, the scrutiny of detailed European legislation is sometimes best performed by people with expertise in it. That is why the House of Lords EU Committee has sub-committees on financial affairs, external affairs, energy and environment, justice, home affairs and so forth. Would my hon. Friend at least consider using a sub-committee of that kind, given that it might enable him to complete the sifting process more quickly?

[Mr Baker]

I think that my hon. Friend has made a strong case for her membership of the sifting committee. I hope that, if the Whips Office has heard her appeal, she will become a member in due course and will enjoy it very much indeed.

Let me now deal with amendment 2. Conditions similar to those in the amendment, tabled by my right hon. and learned Friend the Member for Beaconsfield, are proposed by the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) in amendment 48. Again, we have significant sympathy with the intention behind the amendments. However, they would introduce new terms into the law and invite substantial litigation, with consequent uncertainty about the meaning of the law as we exit the EU.

--- Later in debate ---

[Vicky Ford]

I have a quick question about financial services legislation and deficiencies. I want to get it clear in my head, as a non-lawyer, that deficiencies would not cover material policy changes. For example, European banks, including British banks, currently do not have to hold any capital against sovereign debt issued by EU member states. Changing that could be considered to be dealing with a deficiency, because we will no longer be a member state, but it would be a policy change. Will the Minister confirm that that sort of amendment would be picked up and would go through the affirmative procedure?

[Mr Baker]

The first point to make relates to my hon. Friend’s last point. We have agreed to the sifting committee, which will be able to recommend—

--- Later in debate ---

[Angela Smith]

Environmental standards have improved in this country because the European Union—particularly the single market—has employed the concept of the level playing field. We have been able to maintain high environmental standards because we are competing at the same level as every other member state and the majority of our trade is with the European Union. One can only think about what will happen if our doors are opened, in an unregulated environment, to imports of American beef, American cereal and all the rest of it. What guarantee can those on the leave side of the argument give us that we will be able to protect ourselves with environmental legislation in that context?

[Vicky Ford]

I agree with the hon. Lady that a great deal of European legislation on the environment has been a force for good, but I warn her against scare- mongering, because much of that great European environmental legislation was led by British influence. British MEPs led the habitats directive, the birds directive and much else. The Government have said that they are committed to keeping high standards and not introducing hormone beef, chlorinated chicken and so on.

[Angela Smith]

I thank the hon. Lady for her intervention, but she clearly was not listening to what I said. Of course the UK has led on many of those improvements, but why were they secured? Because we are in the single market, which is the reason why the standards work and have become embedded in the European Union. The single market helps us to maintain the level playing field that is necessary if we are to compete effectively in it, and leaving it will endanger the maintenance of those standards. If we fall back on WTO rules, certain standards cannot be properly assessed when a country makes its mind up about what it can and cannot import.

We have to be careful about assuming that we have been some kind of marvellous leader in environmental standards in the European Union. Yes, we have, but the mechanism that has made that possible is the single market. As was pointed out earlier, a Conservative Government helped to put together the architecture for the single market, because they understood the importance of that mechanism for delivering the standards that we all enjoy.

If any Member wants to put all that in danger, all I ask is that they think carefully about doing so, because the consequences could be really rather severe. That is why I will be supporting amendment 124. At the end of the day, it is really important that, as the Prime Minister has pointed out and as I said in my earlier intervention, nothing is agreed until everything is agreed. On that basis, nothing in the Bill should preclude the possibility of the UK staying in the single market and the customs union. That is really important, and Parliament needs to take that point seriously.

--- Later in debate ---

[Vicky Ford (Chelmsford) (Con)]

It is a great honour to follow the wonderful women from Wealden and Walthamstow in their different speeches this evening. This is not a time to re-argue the referendum debates—they happened last year. This is the time to look forward, not to think about what we have left behind but to think about how we forge new relationships not only with the EU but with its single market and with other parts of the world.

One of the reasons why the Bill and tonight’s discussion is so important is that it is about the way we as legislators intend to act. The rest of the world is watching us, and if we want to have deep, close co-operative relationships with other parts of the world, it is up to us to act in a predictable manner, to be honest and transparent. I am proud that as a Conservative during my time in Brussels I helped the Conservative-led Governments champion the better regulation agenda, which I have mentioned before. It is an agenda that says, “Before you make any changes to law, you consult those who will be affected and you consider the impacts, and you don’t make decisions behind closed doors.” That is why I added my name to amendment 3, as so many different pieces of European legislation would be affected.

The Library mentioned three of those, with one being fisheries, mesh size and fishing nets. Everybody who has been watching “Blue Planet” knows how important protecting our sea is. I am glad that the Library said it would be relatively straightforward to bring that piece of legislation directly into British law. It also talked about the open internet access law, which is fundamental to freedom of speech in a digital age; it deals with whether or not someone’s internet provider can block or throttle content from others. That piece of law will need a number of policy decisions to be made when it is brought from European law into British law.

The Library also mentions the bank capital requirements, which is really boring law—it was five years of my life. It is deeply detailed but really important to our major financial services legislation and will involve policy decisions. So we need to make sure those policy decisions are made in an open and transparent way.

I am very glad that, thanks to the leadership of my hon. Friend the Member for Broxbourne (Mr Walker), the new sifting process has been put in place, not only under amendment 3, but under amendment 393, which the Government now support. I am also pleased that overnight last night they announced they would support a new European scrutiny instruments committee, which will scrutinise the various changes that need to be made to our law in this transposition and bring in expert guidance. We need the expertise of the Treasury Committee to look at changes to banking law and of the Environmental Audit Committee to look at changes to environmental law, because only in that way will we ensure that these details are properly addressed.

Clause 7 is complicated. It says that the Government will only be allowed to deal with “deficiencies”, but the Bill contains no definition of them. We have heard Ministers tonight say that they will look again at this issue of deficiencies and whether they can give more clarity on that. Where a significant policy decision is being made that affects real stakeholders in the real world, we should have affirmative decisions.

There are also confusing powers in the Standing Order on what powers the statutory instrument committee will have. It says that the committee can turn a negative into an affirmative procedure only where a provision is of the type specified in paragraphs 1(2), 5(2) or 6(2) of schedule 7 of the law. When we read those paragraphs, we see that they are actually very limited. So that committee will need to think very hard about the principles of transparency that it wants to engage in, because it is in all our interests to make sure that when we move on to these new agreements—this new legislation—we give certainty not only to those watching us from overseas, but to the many people and businesses that these legal changes could affect.

[Wera Hobhouse]

I rise to speak in support of amendment 124, tabled by my right hon. Friend the Member for Carshalton and Wallington (Tom Brake), and new clause 27, tabled by the hon. Member for Brighton, Pavilion (Caroline Lucas). I am very pleased that she is here to introduce it later on.

What is the biggest long-term issue facing people here in Britain and across the world? It is not Brexit and it is not the world economy; it is climate change and the environment. For decades, we have thoughtlessly exploited our planet, heated the atmosphere and polluted the earth. The price we pay for continuing as before will be enormous.

As part of the European Union, Britain is making progress to tackle climate change. Together, we have signed up to the Paris agreement. Many European laws and regulations, which are our laws, have been a force for good and have nudged the UK towards better environmental protection and better protection for human health. That was possible through the effective enforcement of those laws by EU agencies and the European Commission. The Bill carries with it the risk that we might scrap the commitments we have shared with the EU to go it alone, or to throw in our lot with America or another country.

I want this country to become the greenest in the world. Before I became an MP, I was closely involved in improving how we dealt with our household and commercial waste following the EU landfill directive. Landfill produces a potent greenhouse gas, methane, and diverting landfill waste through recycling, composting and waste reduction is the only way to stop this greenhouse gas getting into the atmosphere. The UK is still one of the worst recyclers in the developed world, according to figures released the other day.

We have a long way to go and would not have gone as far as we have without the EU pushing us in the right direction and the effective enforcement of the European enforcement agencies and the Commission. We have talked for a while today about how the UK has been a leader on particular EU legislation. That is the beauty of the EU: in some areas, we are leaders; in other areas, such as air pollution, other countries have been leaders. Together, we have produced a body of legislation that makes things better for us all. Another example of good EU legislation is how our beaches have been cleaned up following EU directives. British beaches are now 99% clean and safe—that is what the EU has done for us.

The environment is owned by everybody. It is not a person or legal entity that can complain. Private ownership in a deregulated world does not protect the environment. That is why the legal principles that underpin the EU, as well as powerful and independent enforcement bodies, are so essential.

Frankly, I am not reassured by Ministers. The recent Brexit impact assessment debacle or the war of words over regulatory alignment or divergence are prime examples of why we should not be bamboozled by fine words, but keep a watchful, eagle eye on the Government’s every move. The draft animal welfare Bill that has been produced in a panic is not at all reassuring, but rather an example of how all the Government can do in the face of Brexit is to firefight. Indeed, the biggest problem for me is that Brexit has to happen in such an enormous rush, and that there is apparently the need to undo in a few short months the laws, regulations, enforcement, co-operation and partnerships that have evolved over 40 years.

The protection of the environment depends on cross-border co-operation. The environment is not a game of politics. It is the one thing that can either guarantee or endanger our own survival. The next best thing to staying in the EU would be to stay in the single market and the customs union. That alone would protect the high standards for the environment, health, safe employment, consumer protection and animal rights, and the oversight and enforcement of those standards by independent agencies. That is why everybody in the House should support amendment 124, tabled by my right hon. Friend the Member for Carshalton and Wallington, which would ensure that the Bill’s provisions would not undermine EU regulations and their enforcement during the transition period, while we are still operating in the single market.

At the very least, we should set up independent regulatory bodies that are effective and have enough teeth to hold powerful organisations, global companies, industries and individuals to account, and new clause 27 would allow that to happen. Of course, it would be great if we could count on everybody to do the right thing, but experience tells us otherwise. Environmental crimes continue unfettered where there are not powerful laws and powerful enforcement agencies.

Would it not be a tragedy if Brexit meant that we aligned ourselves with Trump’s America, pulling out of the Paris climate change agreement, expanding our fossil fuel industry, undermining our renewable energy industry, trampling over environmental protection laws and sitting idly by as the planet warmed up? Climate change is not “Project Fear”; it is the worrying and brutal reality. I started by saying that climate change is the biggest challenge of our age—bigger than Brexit. What a tragedy it will be if the environment and vital action to tackle climate change are the biggest victims of Brexit.

European Union (Withdrawal) Bill

Vicky Ford Excerpts

Committee: 7th sitting: House of Commons
Wednesday 13th December 2017 Commons Chamber

[Sir Oliver Letwin]

Of course it is possible for the House of Commons to tell the Government that it does not like the terms, and of course it is possible for the Government to go back and ask for the terms to be changed, but it is also possible—

[Vicky Ford (Chelmsford) (Con)]

Will my right hon. Friend give way?

[Sir Oliver Letwin]

Please, allow me to continue. It is also perfectly possible, as the right hon. Member for Leeds Central knows, because he is a fine logician, for the other side in the EU negotiations to reject such alternative terms. We therefore hit the question that he cannot evade: under those circumstances, is he or is he not hoping—the Opposition spokesman made what he was hoping for perfectly clear—that Parliament will have the right to tell the Government that they cannot leave on terms that Parliament does not accept? I really think that that is important, if we are to be honest about this, because that is what the right hon. Gentleman and the Opposition spokesman are suggesting.

--- Later in debate ---

[Sir Oliver Letwin]

I am not going to give way to anyone except my hon. Friend the Member for Chelmsford.

[Vicky Ford]

May I take my right hon. Friend back to what he said about article 50? It is true that that says:

“The Treaties shall cease to apply to the State in question from the date of entry into force of the withdrawal agreement or, failing that, two years after the notification referred to in paragraph 2, unless”—

I repeat, unless—

“the European Council, in agreement with the Member State concerned, unanimously decides to extend this period.”

That is exactly the point. If we are close to a deal but, for example, struggling to get the last vote through the European Parliament, the 28 countries may wish to take a little more time.

[Sir Oliver Letwin]

My hon. Friend makes my point for me. The very point I am making is that no UK Government and no UK Parliament can guarantee that the other side would agree to any such thing.

--- Later in debate ---

[Vicky Ford]

As a new Member, I have listened intently as many Members on both sides of the Committee—some who voted to remain and others who voted to leave—have talked about the fundamental flaws in clause 9. The rest of the world is watching how we regulate at the moment. Will the Minister give an undertaking that the Government will come up with amendments to clause 9 on Report?

[Dominic Raab]

As I said earlier, clause 9 retains the residual necessity to provide us with agility in these negotiations. I think that I have given the assurances on substance that Conservative Members and, I believe, some Opposition Members wished to hear. If other Members want to table amendments on Report, I will of course continue the dialogue in which I have engaged all along.

--- Later in debate ---

[Mr Lammy]

I am coming up to my 18th year in the House. During that time, we have had serious votes on going to war in Iraq and in Syria, and on different occasions, parliamentary sovereignty has asserted itself. On the war in Iraq, we thought we had the information, but it turned out that we did not, and we went to war. On Syria, despite some strong arguments to intervene, we chose not to. I also remember sitting through the night for the 90-day detention legislation under Tony Blair, and this House resisted the move to a 90-day detention period for those arrested for terrorism offences. Tonight, we are again being asked to make a very important decision that will affect the future of this country.

I might say that the sovereignty of this Parliament is why we are here in the first place, so I applaud the Government Members who are standing by their principles and remembering the importance of coming back to debate in this House. This is about timing. We may have had a discussion about what is meaningful, but I think we all know what is meaningless. It is meaningless to have a debate and a vote in this House after the decision is made. For all those reasons, I hope that we will return after the vote on amendment 7 and find that we really have given back sovereignty to the UK Parliament.

[Vicky Ford]

The Government have now made it clear that the House will have a final meaningful vote on the EU withdrawal agreement before the UK leaves, which is extraordinarily important because the last point in the process of withdrawal is actually the vote in the European Parliament. My former colleagues—the ones who are trying to help us get an amicable agreement in that Parliament—have told me that unless there is a full democratic process here, there will be people who try to scupper the deal in that last vote in the European Parliament. The rest of the world is watching how we legislate, and transparency is important.

I am new to British legislation, but I have heard it time and again from Members as diverse as my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve) and my hon. Friend the Member for North East Somerset (Mr Rees-Mogg) that the powers in clause 9 are inappropriate, too strong and could mean that the Government are able to make material changes to legislation without a scrutiny process before we leave. I am therefore extremely pleased that the Minister made his announcement at the last minute. If he would like to, I would love him to intervene once more to ensure that everybody has heard exactly what he said.

[Dominic Raab]

I am delighted to intervene again and, reflecting the mood of the House, I can tell my hon. Friend that we are willing to return on Report to put an amendment on the face of the Bill making it crystal clear that statutory instruments under clause 9 will not enter into force until we have had a meaningful vote in Parliament.

[Hon Members]

Too late!

[Vicky Ford]

I thank the Minister. I am going to take a moment to reflect.

[Yvette Cooper]

This has been a thoughtful debate that has shown the strength of this House, but the thoughtfulness and strength of this House are exactly why the House needs to have a meaningful statutory vote on the withdrawal agreement before the extremely extensive powers in clause 9 are used. The Minister had an hour on his feet; we have had six hours of debate today and many months of debate beforehand, and he still has not come up with a manuscript amendment to clarify what he will do, nor have we had a commitment yet from the Government that the vote will in fact be a statutory one. The only reason that the Minister could give as to why there should not be a statutory vote on the withdrawal agreement was the timing, and yet there are so many examples of when this Parliament has used expedited procedures to get a statute in place just as fast as any resolution.

European Union (Withdrawal) Bill

Vicky Ford Excerpts

Report stage: First Day: House of Commons
Tuesday 16th January 2018 Commons Chamber

[John Redwood]

These rights have been incorporated into UK law because we have shared quite a lot of them before they were codified in the way they are codified and because, subsequent to their codification, they have helped to inform our debates about amending, improving and strengthening the law. No, I do not think it is a good idea to incorporate the charter of rights as though it had some special significance. Interestingly, my right hon. and learned Friend the Member for Rushcliffe (Mr Clarke) stated that when the charter first came forward in the Lisbon treaty, he tended to the “Beano” view of it—that it was not very significant. He did not think it was a strong part of the treaty and was not very keen on it, and was therefore quite happy with the Labour Government treating it differently and exempting us from parts of it deemed inappropriate. Now, he gives it greater significance and implies that it is dreadful that we will not be incorporating it, as though it has been transformed between the date when we first considered it as part of the treaty and its current presence.

My view is that the British people and their Parliament will adopt all these good rules, and have done so, informing many of our laws. If there are other laws that need strengthening or improving, that is exactly what this Parliament is here to do, and if we are negligent in that matter, the British people and their lobby groups will make sure that our attention is drawn to whatever may be missing or could be improved. I would say to the House of Commons, let us remember what we are doing. We are taking back control. Where we need to strengthen or highlight rights by legislation, that is something that any of us can initiate, and if we can build a majority we can do it. There are many good examples of rights and laws emanating from Back Benchers or Opposition parties as well as from Governments.

My right hon. and learned Friend the Member for Beaconsfield said, wrongly, that I was trusting the Executive too much. That is not usually a criticism that has been made of me. Whereas I often find myself in agreement with the people in votes in referendums, I have often found myself in disagreement with parties in this House, including my own party, on matters of some substance, and I have not usually been shy—but I hope polite—in pointing out where I have those disagreements. I therefore reject his idea that I am trusting the Executive. I said very clearly in my intervention that I was trusting the United Kingdom electorate and their successive Parliaments. If one Parliament does not please or suit, or does not do the right thing on the rights that the public want, a new Parliament will be elected that will definitely do so.

My right hon. and learned Friend the Member for Rushcliffe reminded us that we have had a lot of debates about Henry VIII powers, which are relevant to this group of amendments on how much European law we incorporate. I find this argument one of the most odd brought forward by those who are nervous about Brexit. One of my main problems with our prolonged membership of the European Union was that large amounts of legislation had to go through this House unscathed, and often little remarked on or debated, because once they had been agreed around the European Union table in private, they were “good law” in Britain. If those laws were regulations, they acted directly, so we could not even comment on them. If they were directives, we had a very marginal ability to influence the way in which they were implemented, and the main points of the law went through without any debate or right to vote them down. That was the ultimate Henry VIII approach. In the case of this legislation, after extensive dialogue and discussion, we are talking about very narrow powers for Ministers to make technical adjustments and improvements. All of it is of course in the context of the right for Parliament to call anything in, debate it and vote on it.

[Vicky Ford (Chelmsford) (Con)]

I am interested in the issue my right hon. Friend raises about our not being able to scrutinise European law in this Chamber before it was approved over there. In other Parliaments, such as the Dutch Parliament, specialist committees scrutinised proposals before they reached the European Parliament; for example, the telecoms committee in the Dutch Parliament would scrutinise telecoms law before it got to the European Parliament. As we take our own law, would it not be helpful to use the specialist committees more on the detail?

[John Redwood]

We had 45 years to get that right, and I think my hon. Friend would probably agree with me that it did not happen in the way she now says she wished it had. When I was the single market Minister, I tried to do this. I brought draft proposals to the House to try to get comment before I went off to negotiate. I felt that that was the only time it was worth hearing Parliament’s view because there was still the chance of trying to change things. If Parliament agreed with me that the draft was very unsatisfactory, it was marginally helpful to be able to say to the EU, “By the way, the United Kingdom Parliament does not like this proposal”, although the EU did not take that as seriously as I would have liked it to. The truth was that we could then be outvoted, under a qualified majority voting system, and we often were if we pushed our disagreement, so the views of Parliament mattered not a jot, even if we did the decent thing and invited Parliament to comment before the draft was agreed.

As my hon. Friend must know, once a draft was agreed, if it was a regulation, that was immediately a directly acting law in the United Kingdom and this Parliament had no role whatsoever. If it was a directive—directives can be very substantial pieces of legislation—we could not practically change anything in that law. Whatever Parliament thought, it had gone through.

--- Later in debate ---

[Vicky Ford]

Will my hon. and learned Friend give way?

[The Solicitor General]

I will not; I am developing my argument. It was a point that was made clear, not only in the charter itself but in protocol 30, which was signed by Poland and the UK at the time of the Lisbon treaty. In addition—this is important, and this, it seems to me, having listened carefully to the debate, is not understood—the charter does not apply to member states in everything they do. Although it applies to the EU and its institutions in all areas, it binds member states only in so far as they are acting within the scope of EU law. Therefore talking about the charter in a domestic context misunderstands its purpose and point: it was not drafted in that context. I am afraid that there has, I think, been a regrettable misunderstanding about that in this debate.