European Union (Withdrawal) Bill — House of Lords, 2018-03-19
Topic: International Affairs
Jennifer Jones (Green Party, Left): My Lords, I support Amendment 214, to which I have attached my name. I am not sure whether attaching my name to an amendment makes it more or less likely to be considered—perhaps it is less likely. This is an important amendment and I hope that your Lordships’ House will forgive me if I restate things slightly differently. In my political life, I have found that it pays to repeat things, because people do not always hear them the first, second or even 100th time. Repetition is not a bad thing The amendment is all the more important when considered in the light of the Prime Minister’s "hard truths" Brexit speech, where she committed to, "bring our country back together, taking into account the views of everyone who cares about", Brexit, "from both sides of the debate" That is laudable, because we all know that this country is deeply divided over Brexit and we have at some point to start some healing. I have not seen any sign of it yet. This amendment is therefore a chance to start that healing process and to reassure those people who are anxious about the prospect of leaving the EU—the number seems to mount every day Amendment 214 sets out a legal responsibility for Ministers to ensure that public authorities continue to protect all rights, freedoms and protections that any person might reasonably expect as a member of the EU. Ministers are claiming a whole load of lawmaking powers in the Bill, but the amendment would require them to use those powers for good. We are retaining this whole body of EU law, with certain rather crucial gaps, but we do not want a governance gap, where many of our rights could be contingent on some power or function exercised by an EU authority or entity that we do not have a copy of. As one example, many of our environmental protections and the protection of our health, which stems from them, are currently governed by EU entities. The retained EU laws will be absolutely worthless if there is no organisation or entity through which they can take effect and be held to account. While Ministers will have legal powers under the Bill—far more than we want them to, if they get their way—they have no legal obligation to ensure that those powers are used to protect our rights, so there is a big gap through which much retained EU law could fall without this amendment. As worrying as the Henry VIII powers are, the potential to lose rights by omission is just as worrying As someone who voted for Brexit, I know that no one voted to lose their rights, protections and freedoms. With this amendment in place, I would certainly sleep better at night, and many more people, be they Brexiters, remainers, "don’t carers"—I am not sure how many of those are left, but perhaps there are some—or whoever else, would feel reassured about the path down which Brexit is taking us. We all know that Brexit is a leap in the dark. None of us can say how it will work out. This amendment is our opportunity to put some certainty in place by requiring the Government to ensure that all rights, freedoms and protections that we enjoy under the EU will continue to be protected by a public authority once we leave. I wish to take a moment to pre-empt the Minister, who will probably say lots of things with which I do not agree, and briefly explain what this amendment is not. In case the response is to refer to a list of rights such as voting in EU elections and standing for election to the European Parliament, the amendment pre-empts this by referring only to those rights, "which do not cease as a result of the withdrawal agreement", so we can save ourselves from that response. The withdrawal agreement will be voted on by this Parliament, so there will at least be some democratic basis on which those rights are withdrawn. This is in contrast to rights withdrawn by omission, which has no democratic mandate, scrutiny or oversight. Therefore, I beg the Minister to give real thought to the intent of this amendment. As I said, no one voted to lose their rights. I think that the majority of people in this country would support this amendment and not see it as a measure that would block Brexit. It is about protection for us all. It is our chance to put things right and to start the healing process that is not just necessary but urgent.