European Union (Withdrawal) Bill — House of Commons, 2017-12-12
Topic: International Affairs
Christopher Michael Leslie (Labour, Centre-left): This has been a very important debate. Some may feel that this is a dry issue of constitutional process and ask how it relates to the question of Britain’s role in the rest of the world. However, it is fundamentally important to recognise Ministers’ land grab in attempting to take very sweeping powers, by order—not simply to transpose technical and necessary EU laws into UK law, but potentially to take whole areas of public policy and make changes by regulation with the sweep of a pen Anyone who looks at clause 7, the subject of this debate, will see a number of gaping holes that allow Ministers to drive a coach and horses through a whole series of policy areas. They can say that an order is "appropriate", and that is all they have to prove—they are not "limited" to the areas that are set out By the way, the Minister was not even able to describe what the word "appropriate" meant. He was asked to do so in an intervention, and he could not. Ministers have also taken powers, by order, to abolish public services currently undertaken by EU agencies. This is a serious breach of the constitutional principle that Parliament should normally dictate what can be done by the Executive, who are trying to take very many powers A lot of amendments have been considered today. I hope that we can vote on amendment 124, because it would make sure that nothing undermines the UK staying aligned with the single market after exit day, which is a very important principle. In her amendment 49, my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper) deals with some of the Henry VIII powers. Given that there are so many other amendments and I know hon. Members want to prioritise theirs, I beg to ask leave to withdraw my new clause 18 Clause, by leave, withdrawn. New Clause 63 Environmental standards and protections: enforcement ‘(1) Before exit day a Minister of the Crown must make provision that all powers and functions relating to environmental standards and protections that were exercisable by EU entities or other public authorities anywhere in the United Kingdom before exit day and which do not cease to have effect as a result of the withdrawal agreement ("relevant powers and functions") will be carried out by an appropriate existing or newly established entity or public authority in the United Kingdom (2) For the purposes of this section, relevant powers and functions include, but are not limited to— (a) reviewing and reporting on the implementation of environmental standards in practice, (b) monitoring and measuring compliance with legal requirements, (c) publicising information including regarding compliance with environmental standards, (d) facilitating the submission of complaints from persons with regard to possible infringements of legal requirements, and (e) enforcing legal commitments (3) For the purposes of this section, relevant powers and functions carried out by an appropriate existing or newly established entity or public authority in the United Kingdom on any day after exit day must be at least equivalent to all those exercisable by EU entities or other public authorities anywhere in the United Kingdom before exit day which do not cease to have effect as a result of the withdrawal agreement (4) Any newly established entity or public authority in the United Kingdom charged with exercising any relevant powers and functions on any day after exit day shall not be established other than by an Act of Parliament. (5) Before making provision under subsection (1), a Minister of the Crown shall hold a public consultation on— (a) the precise scope of the relevant powers and functions to be carried out by an appropriate existing or newly established entity or public authority in the United Kingdom, and (b) the institutional design of any entity or public authority in the United Kingdom to be newly established in order to exercise relevant powers and functions (6) A Minister of the Crown may by regulations make time-limited transitional arrangements for the exercise of relevant powers and functions until such time as an appropriate existing or newly established entity or public authority in the United Kingdom is able to carry them out.’—(Matthew Pennycook.) This new clause would require the Government to establish new domestic governance arrangements following the UK’s exit from the EU for environmental standards and protections, following consultation. Brought up, and read the First time. Question put, That the clause be read a Second time.