PARLIAMENTARY DEBATE
EU Retained Law - 22 June 2022 (Commons/Commons Chamber)
Debate Detail
Earlier this year, my right hon. Friend the Prime Minister set out that:
“The United Kingdom’s uncoupling from the rules, regulations and institutions of Brussels was never simply about the moment of our departure; the act of Brexit was not an end in itself but the means by which our country will achieve great things.”
Now that we have left the European Union the sovereignty of Parliament has been restored and we are free once again to legislate, regulate, or deregulate as this sovereign Parliament redux pleases. As we maximise the benefits of Brexit and transform the UK into the most sensibly regulated economy in the world, we must reform the EU law we have retained on our statute book. Only through reform of this retained EU law will we finally be able to untangle ourselves from nearly 50 years of EU membership.
In September 2021 my predecessor the noble Lord Frost announced a review into the substance of retained EU law. The purpose of the review was to catalogue which Departments, policy areas and sectors of the economy are most saturated by European law—law that was imposed upon us in a time when Parliament was unable to refuse consent. The road to reform remains a long one; not all Brexit freedoms can be grasped at once. I am pleased to report that Whitehall fired on all cylinders to complete this review. As a result, Members across the House can properly appreciate the extent of EU law on our statute book and the extent of the opportunities that reforming this law provides.
In the 2022 “The Benefits of Brexit” announcement, the Prime Minister committed to making the outcome of this review available to the public. It is right that the public know how much retained EU law there is and that they should be able to hold the Government properly to account for reforming it. The public have already shown great interest in the EU law that remains on our statute book, as evidenced by the huge amount of correspondence I received in response to my request for details of EU legislation that still burden them—and I am grateful to readers of The Sun and the Sunday Express for their many replies. I am also encouraging some competitiveness between my right hon. Friends in the Cabinet, and hope that this spirit will inspire rapid reform, with returns published every quarter by Departments.
Therefore, I am pleased to announce that today we publish an authoritative catalogue of over 2,400 pieces of legislation, spanning over 300 individual policy areas. This catalogue will be available on gov.uk through an interactive dashboard. It will be updated on a quarterly basis so the public can “count down” retained EU law as the Government reform it. I commend the Cabinet Office officials who developed this dashboard; it is a fascinating resource in its own right, and is of both political and—in my view—historic constitutional importance.
The pertinence of publishing the dashboard today should not be missed. Six years ago tomorrow—that day of legend and song—the United Kingdom voted decisively to leave the European Union. The public voted to take back control, and while it took some time to get there—two general elections and some constitutionally fascinating parliamentary prestidigitation between 2017 and 2019—the Prime Minister has delivered such control in spades. His Brexit agreement, which guaranteed regulatory autonomy for Britain, means that the publication of this dashboard offers the public a real opportunity: everything on it we can now change.
The author E. M. Forster once said
“two cheers for Democracy: one because it admits variety, and two because it permits criticism.”
Therefore, as I did earlier this year, I am inviting the public from across the country—whether in Wakefield or in Tiverton and Honiton, or in other places selected at random for the purposes of illustration—to once again share their ideas of reform and to look further into pieces of retained EU law that have an impact on their lives. By using this dashboard, the public can join us on this journey to amend, repeal or replace retained EU law. Together we will make reforms that will create a crucial boost to productivity and help us bring the benefits of growth to the whole country.
Of course, Her Majesty’s Government are legislating to seize the opportunities of Brexit and have been since 2020. From introducing our points-based immigration system and securing the integrity of the United Kingdom’s internal market to boosting growth and innovation by allowing gene-edited crops and recognising high-quality professional qualifications, we are already showing—among others—the benefits of Brexit to the British people.
There are countless other opportunities for reform ahead of us. Members will know that the recent Queen’s Speech was full to the gunwales with the opportunities of Brexit, ranging from financial services to agriculture, data and artificial intelligence, transport, energy, and restoring sense to human rights law. This Government will work to develop a new pro-growth, high-standards regulatory framework that will give business the confidence to innovate, invest, and create jobs.
Those are the big, headline-grabbing issues, but the dashboard is, I hope, an opportunity to tackle hundreds of matters. They may seem marginal on their own, but all these measures in the margin will combine to usher in a revolution: not a French- style revolution with blood running in the streets and the terror of the guillotine, but a British-style revolution whereby marginal improvements move inch by inch so that soon we will have covered the feet, and the feet will become yards, and the yards will become chains and then furlongs and miles, until the journey is complete. With inflation running high, we need to search everywhere—under every stone and sofa cushion—for supply-side reforms that will make products and services cheaper, will make things easier for business, and, ultimately, will grow the economy and cut the cost of living.
The dashboard, therefore, is the supply-side reformer’s El Dorado, and, naturally, I am pointing to the treasure trove of opportunity that this publication represents. It highlights unnecessary and disproportionate EU regulations on consumer goods, such as those regulating the power of vacuum cleaners—why should that trouble Her Majesty’s Government?—and the expensive testing requirements mandated by REACH—the regulation on the registration, evaluation, authorisation and restriction of chemicals—for the plastics that make up items we use every day, requirements that shut out the newest and most innovative materials. Thankfully, we left the EU before it decided to mandate what sort of phone chargers we can have, a typically short-termist and anti-innovation measure which will only have a long-term negative effect for consumers.
The dashboard includes the overbearing reporting requirements which add costs to businesses and slow down progress, whether by building new developments in areas that need housing the most or by making it more expensive to hire people at a time of a labour shortage and to respond to militant strikers. We will continue to work with Departments to cut at least £1 billion of business costs from EU red tape to secure greater freedoms and productivity. Ensuring that we have the right regulation is crucial. Excessive and unnecessary regulations which burden business or distort market outcomes, reduce productivity, pushing up prices and negatively affecting everyone’s cost of living. Using our new-found freedom to address the over 2,400 retained EU pieces of legislation on our statute book, the Government will be able to remove and amend regulation that is not right for the UK. This will make a real difference to the process of reducing the number of unnecessary EU regulations that contribute to the cost of living.
Some—perhaps dozens—-of these rules we might wish to maintain. That will be a decision for the Queen in Parliament, our Parliament, rather than the European Commission. We will preserve retained EU law that is required for our international obligations. We will preserve high standards, such as those for water, and we may even be able to go further in some ways to move ahead of the European Union.
The publication of this dashboard will mark a pivotal step towards reform of our statute book and those 2,400 pieces of retained EU legislation, ahead of the introduction of the “Brexit Freedoms” Bill. That Bill will allow the United Kingdom to take the next step in reclaiming the sovereignty of Parliament. It will address the European Union (Withdrawal) Act 2018, which preserved and incorporated too much EU-derived law at too high a status, giving much of it the same status as an Act of Parliament. That is clearly mistaken, and means that many changes to retained EU law require primary legislation.
Undoing this vandalism to our constitutional order policy area by policy area would dominate the legislative agenda for Parliaments to come, which would affect the Government’s ability to deliver more fundamental domestic reforms and the opportunity for the UK to reap the benefits of Brexit. The “Brexit Freedoms” Bill will create a targeted power to allow retained EU law to be amended in a more sustainable way, and will go with the grain of the British constitution. This will help us to deliver the UK’s regulatory, economic and legal priorities.
Ahead of the Bill’s introduction, I invite Members to review the dashboard themselves, and to delve into the legislation that affects the communities that they serve.
This appears to be simply a vanity project. It is quite extraordinary that on a day when inflation has topped 9%, when the cost of energy is soaring, when families are facing massive pressures and wondering how they will put food on the table, and when prices are rising at the fastest rate in 40 years, the Government’s offer to the British people is a digital filing cabinet of existing legislation that the right hon. Gentleman describes as “marginal”—his own word.
While the Government plan to cut 20% of civil servants, the Minister for so-called Government efficiency is running his own make-work scheme in the Cabinet Office, creating tasks for it to satisfy his own obsessions. How much has this exercise cost the taxpayer? How many civil service hours? Perhaps we could have a running meter counting them up on the dashboard so that we all know. What is the expected number of users among the general public? Is the dashboard even active? I am an eager beaver, but I could not find it on gov.uk this morning.
The reality is that gimmicks do nothing to address the real challenges that the public face today. For all the Government’s talk about changes that we can make outside the EU, they still refuse to make the one concrete change that the Labour party has demanded for months, with the overwhelming support of the British people, and the Prime Minister himself has promised: the removal of VAT on home energy bills.
Other changes that are now possible post Brexit and which Labour has called for but the Government have refused include a ban on the import of fur; the imposition of VAT on private school fees to fund a transformation in the provision of mental health; and the introduction of US-style bans on the import of goods from China produced using slave labour. Those are all changes that the Government could make right now, but they were not mentioned in the right hon. Gentleman’s lengthy oration.
As for the regulatory changes that the Government propose, I have not heard a single example today of a specific change that depends on the passage of the planned Brexit freedoms Bill, nor have we heard an example of additional changes that will follow in due course as a result of that Bill. What is that Bill for? In the absence of any answers, it is only right that we are cautious about what the new legislation will mean and whether it could be used as a mechanism to fast-track changes that could, for example, impinge on the devolution of powers to Scotland, Wales and Northern Ireland, threaten workers’ rights or threaten the environmental protections and food standards that the British people were repeatedly promised would be maintained post Brexit.
It is also vital that we ensure that any changes proposed under the legislation are subject to the proper processes for scrutiny, consultation and impact assessment. Anyone in doubt about why that is necessary need only look at the Department for Digital, Culture, Media and Sport’s proposals, included in the paper “The Benefits of Brexit”, to ditch the UK’s current data protection standards. That one move, which has been confirmed in recent weeks, would jeopardise tens of billions of UK exports that depend on the ability to sell services online to EU customers quickly and easily. However, there has been no mention whatever of that threat, let alone a full assessment of its impact, and it did not feature today. That is all further evidence of a Government entirely driven by rhetoric and increasingly detached from reality.
Could it be that the dashboard is designed not only to satisfy the right hon. Gentleman’s obsessions, but to distract members of the public from the Government’s shambolic handling of the Northern Ireland protocol? All this self-congratulation comes from a Government who are now trying to convince people that what they described as their flagship achievement was not a negotiating triumph, but a deal so flawed that they cannot abide by it. Not only is their Northern Ireland Protocol Bill a blatant breach of international law, but it risks the integrity of the Good Friday agreement, risks causing divides across Europe when we should be pulling together against Putin’s war on the continent, and risks causing trade barriers in a cost of living crisis. We need negotiation, graft and statecraft, not unilateral action or gimmicks.
Those are just some of the very real and serious problems that will affect the lives of ordinary people in the UK and beyond for years to come. The dashboard that the right hon. Gentleman described will provide little comfort. A Labour Government would make Brexit work by unleashing the potential of British businesses and entrepreneurs so that we can lead the world in new industries. We would seize the opportunities of the climate transition to create well-paid, secure jobs in all parts of the country. Rather than pursuing vanity projects, the Government should focus on the real problems facing the British public.
There are endless obstacles in the way of doing business—hundreds and thousands of them—and our job is to find them, expose them and remove them and to have a Bill that makes that simple. If you had to have primary legislation to remove every stone from your shoe, Madam Deputy Speaker—no doubt they are very elegant shoes that no stone would dare enter, but nonetheless, should a stone enter and we needed primary legislation to remove it, that brave stone would remain there almost permanently. What we are doing is speeding up the process so that stones may be removed from shoes.
Then the socialists complain that the agreement was not up to scratch. Bear in mind that at that point the Labour party still did not want to leave the European Union. It was still arguing about things such as a second referendum. Labour Members did not want to follow what the British people had voted for, and now they want slavish acceptance of EU laws. Have we not had a socialist recently calling for the single market to be where we should end up again? That is where they want to be: under the yoke of Brussels, ignoring the referendum and the will of the British people.
The hon. Gentleman also thought that this dashboard should be released before my statement to Parliament. Some people may remember that I used to be Leader of the House, and in that role I was regularly hearing from Mr Speaker about information being given out before it had come to the Floor of the House. I see my hon. Friend the Member for Wellingborough (Mr Bone) nodding—he would be the first to raise a point of order.
I am glad that there are a few socialists in today, rather than being on picket lines. It might be that when they are on their picket lines, they could read a bit of “Erskine May” and the Standing Orders of this place to understand that things are meant to be announced here first, which is what we are doing.
Can I press my right hon. Friend on general data protection regulation rules? One of the problems we have is that many charities, small businesses and start-ups face real cost problems and regulatory detail problems that they cannot cope with, and they have cried out for changes to be made. Will he confirm to me that this is one of the areas that the Government will look at to make sure that those charities, companies and individuals do not face anything like the terrible bureaucratic mess that is the regulations today?
My right hon. Friend makes a good point on GDPR, and it is worth bearing in mind that Australia has a general exemption from GDPR for smaller businesses. Whether we can go that far, I do not know, but I will certainly take his point up with my right hon. Friend the Secretary of State for Digital, Culture, Media and Sport.
Given that Scotland’s governance and destiny cannot be decided without the sovereign will and consent of the people of Scotland, not this place—this Government continue to ignore us at their peril—could the Minister tell us whether the Government will seek a legislative consent motion from Pàrlamaid na h-Alba, and from other devolved legislatures, and if so, whether they intend to respect the decisions of those Parliaments? We need to ask the question: do we actually live in a United Kingdom of Great Britain and Northern Ireland, or in a greater England, where the wishes of only one of the constituent nations need to be respected in order for such Bills to be carried?
On the right hon. Gentleman’s question, he will have to wait and see what the Bill has to say about that. He mentioned EU regulation. This great lover of EU regulation does not realise where the blame lies. The EU runs a fundamentally anti-competitive closed market, which was affecting us. It was making goods and services in this country more expensive because we could not trade freely with the world. Now the EU is applying its regulations to us—that is what we are getting out of. That is the economic opportunity: to be free from all of that which slowly strangles the European economy and to have an economy that can grow globally.
“costs businesses money and is unlikely to make much difference”?
Bill Presented
Bill of Rights Bill
Presentation and First Reading (Standing Order No. 57)
Secretary Dominic Raab, supported by Secretary Brandon Lewis, Secretary Alister Jack, Secretary Simon Hart, the Attorney General and James Cartlidge, presented a Bill to reform the law relating to human rights.
Bill read the First time; to be read a Second time tomorrow, and to be printed (Bill 117) with explanatory notes (Bill 117—EN).
Social Security (Additional Payments) Bill: Allocation of Time
Ordered,
That the following provisions shall apply to the proceedings on the Social Security (Additional Payments) Bill:
Timetable
(1)(a) Proceedings on Second Reading and in Committee of the whole House, any proceedings on Consideration and proceedings on Third Reading shall be taken at today’s sitting in accordance with this Order.
(b) Proceedings on Second Reading shall (so far as not previously concluded) be brought to a conclusion four hours after the commencement of proceedings on the Motion for this Order.
(c) Proceedings in Committee of the whole House, any proceedings on Consideration and proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion six hours after the commencement of proceedings on the Motion for this Order.
Timing of proceedings and Questions to be put
(2) When the Bill has been read a second time:
(a) it shall, despite Standing Order No. 63 (Committal of bills not subject to a programme order), stand committed to a Committee of the whole House without any Question being put;
(b) proceedings on the Bill shall stand postponed while the Question is put, in accordance with Standing Order No. 52(1) (Money resolutions and ways and means resolutions in connection with bills), on any financial resolution relating to the Bill;
(c) on the conclusion of proceedings on any financial resolution relating to the Bill, proceedings on the Bill shall be resumed and the Speaker shall leave the Chair whether or not notice of an Instruction has been given.
(3)(a) On the conclusion of proceedings in Committee of the whole House, the Chair shall report the Bill to the House without putting any Question.
(b) If the Bill is reported with amendments, the House shall proceed to consider the Bill as amended without any Question being put.
(4) For the purpose of bringing any proceedings to a conclusion in accordance with paragraph (1), the Chair or Speaker shall forthwith put the following Questions in the same order as they would fall to be put if this Order did not apply:
(a) any Question already proposed from the chair;
(b) any Question necessary to bring to a decision a Question so proposed;
(c) the Question on any amendment, new Clause or new Schedule selected by the Chair or Speaker for separate decision;
(d) the Question on any amendment moved or Motion made by a Minister of the Crown;
(e) any other Question necessary for the disposal of the business to be concluded;
and shall not put any other questions, other than the question on any motion described in paragraph (11)(a) of this Order.
(5) On a Motion so made for a new Clause or a new Schedule, the Chair or Speaker shall put only the Question that the Clause or Schedule be added to the Bill.
(6) If two or more Questions would fall to be put under paragraph (4)(d) on successive amendments moved or Motions made by a Minister of the Crown, the Chair or Speaker shall instead put a single Question in relation to those amendments or Motions.
(7) If two or more Questions would fall to be put under paragraph (4)(e) in relation to successive provisions of the Bill, the Chair shall instead put a single Question in relation to those provisions, except that the Question shall be put separately on any Clause of or Schedule to the Bill which a Minister of the Crown has signified an intention to leave out.
Other proceedings
(8) Provision may be made for the taking and bringing to a conclusion of any other proceedings on the Bill.
Miscellaneous
(9) Standing Order No. 15(1) (Exempted business) shall apply to proceedings on the Bill.
(10) Standing Order No. 82 (Business Committee) shall not apply in relation to any proceedings to which this Order applies.
(11)(a) No Motion shall be made, except by a Minister of the Crown, to alter the order in which any proceedings on the Bill are taken, to recommit the Bill or to vary or supplement the provisions of this Order.
(b) No notice shall be required of such a Motion.
(c) Such a Motion may be considered forthwith without any Question being put; and any proceedings interrupted for that purpose shall be suspended accordingly.
(d) The Question on such a Motion shall be put forthwith; and any proceedings suspended under sub-paragraph (c) shall thereupon be resumed.
(e) Standing Order No. 15(1) (Exempted business) shall apply to proceedings on such a Motion.
(12)(a) No dilatory Motion shall be made in relation to proceedings to which this Order applies except by a Minister of the Crown.
(b) The Question on any such Motion shall be put forthwith.
(13)(a) The start of any debate under Standing Order No. 24 (Emergency debates) to be held on a day on which the Bill has been set down to be taken as an Order of the Day shall be postponed until the conclusion of any proceedings on that day to which this Order applies.
(b) Standing Order No. 15(1) (Exempted business) shall apply in respect of any such debate.
(14) Proceedings to which this Order applies shall not be interrupted under any Standing Order relating to the sittings of the House.
(15)(a) Any private business which has been set down for consideration at a time falling after the commencement of proceedings on this Order or on the Bill on a day on which the Bill has been set down to be taken as an Order of the Day shall, instead of being considered as provided by Standing Orders or by any Order of the House, be considered at the conclusion of the proceedings on the Bill on that day.
(b) Standing Order No. 15(1) (Exempted business) shall apply to the private business so far as necessary for the purpose of securing that the business may be considered for a period of three hours.—(Dr Coffey.)
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