European Union (Withdrawal) Bill — House of Commons, 2017-12-06
Topic: International Affairs
Stephen John Doughty (Labour, Centre-left): We are not here to talk about France’s intentions as regards the City of London; we are here to talk about the constitutional settlement in these islands, and I cannot understand why the Government would not want to accept new clause 70, given that it clearly sets out an agreement that they as a Government are committed to. I certainly will proudly go through the Lobby, or happily act as a Teller for the hon. Member for North Down later to make sure that that vote goes forward I shall now move on to other amendments, relating to clause 10 and schedule 2, tabled in my name and those of Members of other parties, regarding Wales and Scotland, the wider devolution context and the constitutional settlement we have. Clause 10 gives effect to schedule 2 and sets out the power of the devolved authorities to correct deficiencies in domestic devolved legislation that arise from withdrawal from the EU and to remedy potential breaches. Those infamous Henry VIII powers are included in those provisions. Using those powers, devolved Ministers would be able to modify retained EU law to correct those deficiencies and to act in various ways to deal with the circumstances of leaving. The crucial point, however, is that the same powers are given concurrently to UK Ministers in areas where devolved competence is absolutely clear, and those Ministers are free from the scrutiny of the devolved legislatures UK Ministers have been given the exclusive power to amend retained direct EU legislation—that which comes from EU regulations rather than from directives—which covers otherwise devolved competences, as we discussed at great length the other day. There is therefore a significant inequality in the powers that have been given to Ministers. I am delighted that those on the Labour Front Bench and others are opposed to that, as are Welsh Labour and many others from across the parties. Our amendments seek to address that issue. The Welsh Government have argued: "Direct EU legislation (such as EU regulations) can only be amended by a Minister of the Crown, and would fall to be scrutinised by Parliament even if the subject was one that was devolved to the Assembly." When we discussed the amendments the other day, I was disappointed by the response from the Minister. Despite the assurances that we had had from the Secretary of State for Scotland when he appeared before the Scottish Affairs Committee, and despite other commitments that had been made about respecting reasonable and constructive amendments tabled by the devolved Governments, there was no willingness to take on board any of the amendments. We had no commitments on them, which was extremely disappointing The amendments are not about wrecking the Brexit Bill or about stopping the process. We all have different views on where we should go, but the amendments are about ensuring that we continue to have a stable and effective constitutional settlement and do not suddenly start grabbing back powers or giving UK Ministers new powers to interfere in areas that have long since been devolved. Let us not forget that it is almost 20 years since the advent of the first devolution Acts.