European Union (Withdrawal) Bill — House of Commons, 2018-01-17
Topic: Civil Rights
Yvette Cooper (Labour, Centre-left): I rise to speak to amendment 10, which stands in my name and those of colleagues across the House. I think this follows logically from the wise words that the right hon. and learned Member for Beaconsfield (Mr Grieve) has just delivered to the House. Like him, I support new clause 17, and I also want briefly to mention new clause 1 and amendment 44. From the start of the Bill’s passage through the House, my concern has been about how it concentrates power in the hands of a small group of Ministers. Be we liberals, communitarians, socialists or conservatives, in this House we are democrats all. It goes against all our British political traditions to concentrate power in the way the Bill still does—even after the amendments have been made—over decisions that could affect our children and grandchildren for generations to come. The referendum decided that we will leave the EU, but it did not decide how, and those decisions should not be so concentrated in the hands of a small group of Ministers, especially in a hung Parliament In Committee, we often went one step forward and then two back with regard to the interests of parliamentary democracy. That is why further amendments are needed today. Ministers did agree to the amendments put forward by the Procedure Committee, which will give Parliament a bit more of a say over whether the affirmative or negative procedure is used for secondary legislation, but Parliament will not be able to insist on which procedure is followed or that changes should be made in primary rather than secondary legislation. That is why new clause 1 is so important The Bill would still allow a small group of Ministers to take away workers’ rights and equality rights, which have been hard fought for over generations and hard won through this place, and they would be able to do so with hardly any say from Parliament. Therefore, those of us who have been part of the fight for greater equality and for workers’ rights for many years cannot just stand by while those rights are diminished. Nor should any of us, whatever our view, be part of agreeing to the wide scope of ministerial powers still embedded in clauses 7 and 9, allowing Ministers to do simply "as they consider appropriate". Amendments 44 and 2 are important attempts to limit those powers to what is necessary, and Parliament has a responsibility to do so. I hope that those in the other place, whose job is to scrutinise the Executive and stand up for Parliament, will consider these matters very seriously when the Bill reaches them Parliament has agreed that there should be more democratic say over the withdrawal agreement itself. The previous amendment 7, which was agreed to in Committee against the wishes of Ministers, made it clear that we must have a meaningful vote on the withdrawal agreement. It said that that vote should apply not to a motion, but to a statute, and that we should be able to take a decision before the treaty is ratified, not after, and before implementation starts. I know that Ministers have considered rowing back on that, and I strongly warn them not to do so. They should respect the spirit of our debates and the views of this House Several Government amendments relating to the date on which we will leave have undermined that meaningful vote. My amendment 10 seeks to deal with the conflict between the previous amendment 7, which was passed, and the amendments tabled by the right hon. Member for West Dorset (Sir Oliver Letwin) and the Government. Those amendments on the date would bind Parliament’s hands and concentrate powers with Ministers when it comes to considering the final withdrawal agreement and as we come to the supposedly meaningful vote. In Committee, we debated the fact that it was unwise at this stage in the negotiations to include the date in the Bill, because that could make it difficult to handle late problems in the process or to renegotiate any aspects of the agreement if we get a bad deal. It also restricts Parliament’s ability to scrutinise and call for changes, if necessary, once we see what the Government propose as the final deal. Suppose, for example, the transitional arrangements miss out something that is extremely important for our security, or for a sector of our economy. Parliament should at least have the chance to debate that and decide whether it wants to call on the Government to go back and try to negotiate a further change, or propose adjusting the timings—even for a few months—while the issues are sorted out. The Bill, as it stands, prevents us from doing so, and it could mean that Parliament is simply timed out. It would force us back to the very situation that Parliament rejected when it passed the previous amendment 7. In other words, Parliament would basically have to choose between the Executive’s deal and no deal at all. That is not a meaningful vote The amendments tabled by the right hon. Member for West Dorset do not help, because they allow the date to be changed, but only by Ministers—not by Parliament, even if Parliament takes a different view from the Executive. In addition, they allow the date to be changed only if an alternative date is included in the withdrawal agreement, so if Ministers agree an alternative date with the EU, they can use secondary legislation to change the date in our legislation, too. That is not on, because it will effectively give the EU Parliament more of a say than this Parliament over whether the date should be changed. That is hardly taking back control.