European Union (Withdrawal) Bill — House of Lords, 2018-01-31
Topic: International Affairs
Jack Wilson McConnell (Labour, Centre-left): My Lords, if the Whips arranged the speaking order for tonight’s debate in order that I might be provoked into responding to some of the more outlandish comments of the noble Lord, Lord Cavendish, I am afraid that I shall disappoint them and try to stick to my script. I might be in a minority in your Lordships’ House in that I was not old enough to vote in the 1970s European referendum, so I cannot start my speech by saying how I voted back then—but I can start by saying that my whole adult life I have always believed strongly in the European Union and its predecessors. I would probably go further than most Members of your Lordships’ House by saying that I believe strongly in the concept of shared sovereignty at the European level. I believe it is consistent with a belief in shared sovereignty between the four nations of the United Kingdom. I do not see any discrepancy between a belief that that works in the UK and a belief that it works in the European Union as well I voted remain. I was dismayed by the campaign that promoted that cause—but I did vote remain. However, I accept the result, and it would be very wrong if this unelected House chose to try in any way to obstruct the will of the people as expressed in June 2016. I shall not support moves designed to do that I also wish we had more opportunity now—a year from exit day—for discussion of the immediate implications of the Brexit vote. This is not the time or the place to debate the future of, for example, our development aid relationship with the European Union, or the nature of those trading relationships that should, in my view, be based as much on fair trade as free trade. But it is the time and place to discuss this Bill. I will highlight two points of particular concern to me First, there have been many fabulous contributions from noble Lords across the House over these two days about fundamental rights, highlighting in particular employment rights and so on, but I raise the issue of children’s rights. If the issue of consistency of rights and consistency of application of European law in UK law is not handled correctly, if we do not couple that with an appropriate approach to the consistency of the justice mechanisms that exist across Europe just now to protect children, and if we do not take an appropriate approach in the forthcoming immigration Bill to child migrants, it will be the most vulnerable children who fall through the net that is created. We need to be very aware of that. There are many interests that will be promoted in your Lordships’ House in the coming weeks—employment rights and other rights mentioned in the charter—but issues around children’s rights could lead to the worst impact falling on the most vulnerable. We need to be very careful to protect the consistency and application of rights in relation to children in our forthcoming debates. My second point relates to devolution. While I am sure that there are faults on both sides—I think the Scottish Government need to be a bit more practical and positive in their approach to this issue, as do the UK Government—I cannot believe the situation that the UK Government have got themselves into over devolved responsibilities. The initial devolution settlement was based not just on 20 years of debate, national consensus and a settled will, but on a rigorous application of political and intellectual thought to make sure that the settlement created in 1999 would stand the test of time. Through all the ups and downs of politics in the last 18 or 19 years, the legal responsibilities of the devolved Administrations have very rarely been subject to a successful challenge. That rigour, applied particularly by my noble and learned friend Lord Irvine but also by other colleagues in the Cabinet back in 1997 and 1998, has stood the test of time. To try to overturn that in any way at the moment is either really incompetent or very sleekit indeed. The Government need to respond to this, not by springing amendments on your Lordships’ House at the last minute, but through proper, open and transparent discussion that raises the common frameworks and perhaps, at times, common legislation required at the UK level in some of these areas, but which is firm and clear that, where responsibilities were devolved in 1999 or subsequently, they will continue to be devolved after 2019 It is a matter of real regret that the Government have not used this opportunity to try to refresh or regenerate the Government of the United Kingdom. If we are to take back control—however much some of us regret the decision and the implications for our interdependent world of this move back towards the nation state—we should do so on the basis that we reinvigorate our democracy at the same time. There is an opportunity here to change the relationship between the UK Government and the three devolved Governments of the United Kingdom. It is not yet too late to take that opportunity, either in the next 12 months or in the two-year transition period, for a combination of common frameworks, with Ministers sharing decision-making at a UK level between the devolved Governments and the UK Government on an equal, respectful basis in certain areas, and for the further devolution of powers to allow the people of Scotland, Wales and Northern Ireland to have full control where that is appropriate. The opportunity still exists and the Government should take it.