On Second Reading, the official Opposition made it clear that they would oppose any attempts by the Government to reintroduce clause 2, which was removed by a majority in the other place. On Second Reading, numerous Members on both the Opposition and Government Benches made very sensible suggestions on how the Government could modify clause 2 and harness cross-party support. Sunset clauses, placing Lugano on the face of the Bill, as has been suggested by Members across the House this afternoon, and limiting the power of clause 2 were all among the suggestions discussed. Very sadly, the Government did not listen. That is surprising, particularly for this Minister, who is known to be attentive and a very able lawyer indeed.
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The Government did not listen to the reasonable concerns voiced by the Chair of the Justice Committee, who, in his usual manner, made a moderate, sensible and clearly legally articulate speech, or to the concerns of the country’s most pre-eminent legal minds in the
other place. They did not listen to the House of Lords Constitution Committee or to members of the Delegated Powers and Regulatory Reform Committee, which considered whether the powers contained in clause 2 should stand, and was frankly unanimous that the powers should not stand. They did not listen to the concerns of the Bar Council of England and Wales, the Law Society of England and Wales or the Law Society of Scotland. It is a great shame, therefore, that the Government have sought to reintroduce the exact same clause 2 in the shape of new clause 5, and the Labour party will keep its word and vote against new clause 5 today, if it remains in its current form.
The Lord Chancellor explained on Second Reading that the rationale for clause 2 was to ensure that the 2007 Lugano convention could be implemented swiftly and before the end of the transition period. That is a perfectly reasonable ambition. As we have heard, the Lugano convention is vital to ensuring that cross-border judgments can be enforced, and there is indeed a pressing need to implement it before the end of the transition period, but there is a question as to how.
The hon. Member for Huntingdon (Mr Djanogly) made a very good speech and his amendments go to the issue of the arrangements that we should have, particularly in relation to CRaG, as have been supported by the Chair of the Justice Committee. Even though those amendments are not in my name, I endorse what has been said; we do have to have architecture that is fit for purpose in the 21st century, and certainly architecture and scrutiny powers that befit the sixth biggest economy in the world and are as good as those in countries with which we would seek to have trade deals and private international agreements. But that is not the case. No one could argue that an arrangement set up in 1924 is fit for purpose. I support those remarks.
I turn to the amendments in my name and the name of the leader of the Labour party. Amendment (a) to new clause 5 would specifically allow new clause 5 to implement the Lugano convention. Similar amendments have been tabled by the Chair of the Justice Committee and by the Scottish National party. Each of those amendments would allow the Government to carry out their stated aim of implementing the Lugano convention without granting the Government sweeping Henry VIII powers and the ability to sideline Parliament. I say to the Under-Secretary of State for Justice, the hon. Member for Cheltenham (Alex Chalk), that he does not look like Henry VIII; nor, I suspect—when I recall the history books—does he have the manner of Henry VIII. Why, then, does he need these powers, which I fear he will rise to his feet to suggest he must have?
Of course, the Government have the other option, which is to add the Lugano convention to clause 1, which would allow them to implement it in domestic law as soon as the Bill is passed. As we set out on Second Reading, we have no objection to the important international agreements in clause 1 being incorporated into domestic law in the proper way—by primary legislation that is debated on the Floor of the House. We would have no objection to the Lugano convention being added to that list. If the genuine intention behind new clause 5 is to implement the Lugano convention, I look forward to the Government accepting Labour’s amendment (a) or
one of the similar amendments, although we have to ask ourselves whether that is really the Government’s intention.
That brings me to Labour’s final amendment to new clause 5, amendment (e). Labour is concerned about the inclusion of new clause 5 because it represents a hugely significant change in the balance of power away from Parliament and to the Executive. New clause 5 would erase the convention that international legal agreements that change our domestic law can only be given force by an Act of Parliament. Instead, this Parliament will allow them to be implemented without any parliamentary scrutiny at all. We on the Labour Benches agree with the Constitution Committee, when it said:
“If the balance between the executive and Parliament is to be altered in respect of international agreements, it should be in favour of greater parliamentary scrutiny and not more executive power.”
We heard from the hon. Member for Derbyshire Dales (Miss Dines), who spoke about her experience as a barrister for 30 years. There has been much debate in this Chamber about exiting the European Union, but the primary objective was to bring sovereignty back to this Parliament. That is why we did it. Why, then, are we having a debate today about taking that sovereignty away from this Parliament and giving it to the Executive? That is not the way things have traditionally worked in our country.
I am straining a bit to think of those private international law modules that I and several other Members took. It was not my favourite area of law, but I do not recall it being vaguely contentious in a partisan or political way. It was contentious sometimes for the parties involved, particularly in areas of child abduction or domestic affairs, and it can be very important economically for businesses in dispute, but I struggle to recall it being a partisan debate between political opponents.
It is rather peculiar therefore that yet again I find myself at this Dispatch Box representing the Labour party as the conservative in this Chamber—it is perhaps why I chose to wear my blue tie this afternoon—arguing for law as we have traditionally had it. I look forward to the radical speech that will follow from the Minister.
As Members of Parliament, we have a duty to exercise extreme caution when considering measures that change our constitution, particularly at times when the Executive are empowered and Parliament is weakened. As we have seen in recent months, the Government have shown a disturbing over-reliance on using secondary legislation to bypass Parliament, as well as to avoid parliamentary scrutiny. Giving effect to broad international treaties in domestic law should never be a rubber stamp exercise, and it is vital that Parliament has a say. That is why we tabled amendment (e), which would ensure that any international agreement the Government wish to implement by secondary legislation must be subject to a super-affirmative resolution procedure before Parliament.
Let me be clear on one point: the Labour party would much prefer that all international agreements were implemented by primary legislation, but we are also pragmatic. We recognise that, with the end of the transition period quickly approaching, the Government must move at pace to ensure that legislation is in place. The amendment would ensure that international agreements could be implemented by secondary legislation, but that Parliament would still be given a crucial chance to scrutinise the
secondary legislation that flows and, further, to make recommendations to the Government. We believe that to be a wholly reasonable proposal that reflects the legislative difficulties posed by Brexit while also protecting the primacy of Parliament, and that is why, if the Government believe in the importance of parliamentary scrutiny, they should accept the amendment. After all, it would appear strange for a Government so keen to take back control with regard to leaving the European Union to be reluctant to allow our own Parliament to scrutinise the legislation relating to that departure.
We believe that the Labour amendments to new clause 5 provide the Government with a constructive and reasonable approach. The amendments allow the Government to achieve the objective they claim is behind new clause 5: to implement the Lugano convention while also protecting parliamentary scrutiny. Nothing in these amendments, or any of the other amendments, hinders the Government in their stated aim. Indeed, they serve no other purpose than to protect parliamentary scrutiny. If the Government vote against them, they will be voting for, as the hon. Member for Huntingdon quite rightly said, one of the largest potential power-grabs ever seen by the Executive in this Parliament. I hope that this Government do the right thing and show that they do indeed value the role of the House and the role and value of parliamentary scrutiny.