This week the Commons is quiet while the Lords debate the Withdrawal Agreement Bill. The Government starts bringing substantial Brexit legislation forward and the EU is thinking about what it wants from the future relationship between the UK and EU.
Joint letter to party leaders on the EU Settlement Scheme
Brexit is just beginning
General election statement: The importance of transparency and protection of rights
As we expect the Prime Minister to bring back his Withdrawal Agreement Bill to the House of Commons we urge him to address concerns we have.
Firstly, we call on the Prime Minister to give the Withdrawal Agreement Bill a full and proper legislative timetable. This is a piece of legislation that will have significant constitutional, political and legal implications for the UK. In its current form, it is also a piece of legislation that does little to protect rights and nothing to protect the environment. In fact, the Bill hands exceptionally wide powers to Ministers, which could potentially be used to make changes to citizens’ rights, environmental protection, workers’ rights, the Good Friday Agreement and a number of other areas.
The sovereignty of Parliament was a central theme in the 2016 referendum and a promise was made that Parliament would ‘take back control of our own laws’. Yet, the Withdrawal Agreement Bill- with at least 19 Henry VIII powers within it- shows that control of lawmaking will largely not rest with Parliament. Instead, the Executive has been given unprecedented powers to implement the Withdrawal Agreement without proper parliamentary scrutiny.
It is therefore crucial that sufficient time is given to scrutinise the implications of this Bill. Back in March, the Brexit Civil Society Alliance called on the Government to ensure proper scrutiny of the Withdrawal Agreement Bill. In their response, the government said they remained “committed to ensuring that Parliament has as much time as possible to scrutinise the legislation”. If the new Government ram through a Bill of such constitutional importance they are clearly reneging on this promise and leaving out our voices in the process.
The extensive use of secondary legislation, currently being used beyond its remit of minor adjustments, should be curtailed. Despite the Government’s numerous promises not to use delegated powers for substantive policy changes, we have already seen how they have been used for this purpose and how little scrutiny these changes have received. A clear example of this is the statutory instrument that has been laid which removes the equal treatment provision that provides for EU citizens to be treated in the same way as British citizens when accessing social security schemes. The Government should make policy changes through primary legislation rather than pushing changes through secondary legislation to avoid more comprehensive scrutiny.
We would also like to reiterate the concerns 100 civil society organisations expressed to the Prime Minister in August about the possibility of leaving the EU without a deal. These concerns include but are not limited to, the impacts a no-deal would have on our fundamental rights, the Good Friday Agreement and environmental protections. Coupled with continued uncertainty, these impacts remains highly problematic were the UK to leave the EU without a deal either in January or at the end of the transition period in 2020.
Finally, we have repeatedly called on the government to involve civil society in the Brexit process and once again we urge the Prime Minister to engage with civil society across the four nations of the UK. It is important that organisations across the UK are heard both through the process of withdrawal and when it comes to negotiations on the future relationship with the EU. What comes next will decide the basis for UK’s future and we deserve to have a voice in the process.
Promises Promises
WABsolutely Not!
UK-Wide Alliance Of 80+ Organisations Calls For Extended Scrutiny Of Critical Brexit Bill
For immediate release
For extended comment or more information about the Brexit Civil Society Alliance, please contact the alliance’s co-ordinator, Malene Bratlie, on 07985 5566408 or malene.bratlie@brexitcivilsocietyalliance.org
UK-wide Alliance of 80+ organisations calls for extended scrutiny of critical Brexit Bill
The Brexit Civil Society Alliance call on the government to extend scrutiny of the critical Withdrawal Agreement Bill and are raising serious concerns about the government’s intention to pass the legislation in less than a week [1]. The Bill will implement the new Brexit deal in UK law and it carries significant constitutional, legal and political weight.
The Bill hands exceptionally wide powers to ministers, which they can use to make changes to citizens’ rights, environmental protections, workers’ rights, the Good Friday Agreement and a number of other areas [2]. Limiting scrutiny shows an utter disregard for how the use of these powers will have a direct impact on people’s lives [3].
Back in March, the Brexit Civil Society Alliance called on the government to ensure proper scrutiny of the Withdrawal Agreement Bill [4]. In their response, the government said they remained “committed to ensuring that Parliament has as much time as possible to scrutinise the legislation” [5]. Their intention to ram through a bill of such constitutional importance means they are clearly reneging on their promise.
Malene Bratlie, co-ordinator of the Brexit Civil Society Alliance said:
“This bill represents one of the most significant changes to this country in the last 50 years. It is an insult to parliamentarians and civil society to rush it through in this way.
How can anyone be expected to fully understand the immediate and long term effects of a 115-page document, filled with hugely important provisions that will impact the UK’s constitutional arrangements and its citizens, for generations, in just a few days?
The Brexit Civil Society Alliance have time and time again called for sufficient time to debate and scrutinise the Withdrawal Agreement Bill. Yet the government has shown a reckless disregard for parliamentary scrutiny and the rule of law. Far from being an obscure procedural point, this affects the daily lives of the communities our members work with. They deserve to have their voices heard.”
Marley Morris, Institute for Public Policy Research (IPPR), Associate Director (Immigration, Trade and EU Relations) said:
“The EU Withdrawal Agreement Bill offers minimal guarantees on workers’ rights – and nothing at all on environmental protections.
The Bill simply ensures that the government reports to MPs on whether future Bills will maintain or weaken EU workers’ rights. While Parliament will also have the option of considering whether to mirror future EU rules on workers’ rights, there are no guarantees that the UK will either maintain or keep pace with EU law.
This does not match the ‘non-regression clause’ included in Theresa May’s deal. Indeed, it does not even prevent the government from weakening EU-derived workers’ rights through ministerial powers – thereby avoiding proper parliamentary scrutiny.”
Kevin Hanratty, director of the Human Rights Consortium in Northern Ireland said:
“The Consortium has a range of concerns with the proposed implementation of this Brexit deal. In addition to deep concerns about the lack of time to properly scrutinize laws that are of profound constitutional significance, we are concerned that the entire protocol on Northern Ireland is to be given effect by secondary legislation. This again means a lack of proper scrutiny as these Henry VIII powers give Ministers wide discretion to change existing legislation.
Also, while the non-diminution of rights principles within the protocol are to be given effect, those provisions only restrict the actions of the NI Assembly and not Westminster or UK ministers more broadly. As regards the level playing field provisions we are disappointed that the UK government have not taken the opportunity to provide proper legal assurances on the protection of workers’ rights and environmental protections. It would have provided much more security that these protections would be continued on an equal basis into the future.”
The 3million said:
"There are many outstanding issues on EU citizens rights that have not been addressed properly.
The most important is to prevent innocent people from falling into the hostile environment and even potentially face deportation.
After leaving us EU citizens in limbo for over three years, the Government now intends to railroad through potentially life-changing legislation with just three hours of committee scrutiny.
We EU citizens deserve better. This legislation requires proper review.
We are therefore calling for MPs to vote down the Government's timetable to allow extra time to get this legislation right, and to deliver on the referendum promises to us EU citizens."
Notes to Editors
[1] The Brexit Civil Society Alliance is a UK wide alliance of 80+ charities, voluntary and campaigning organisations working together to ensure we have a voice in the Brexit process. The Alliance does not take a position on what direction Brexit should take but seeks to raise concerns on behalf of its members and work to ensure that the Brexit process delivers on our principles: open and accountable lawmaking; protection of rights, standards, funding and the devolution settlements and no governance gap after Brexit. For more information about the Alliance visit our website here: https://www.brexitcivilsocietyalliance.org/
[2] European Union (Withdrawal Agreement) Bill Delegated Powers Memorandum:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/841012/EU__Withdrawal_Agreement__Bill_Delegated_Powers_Memorandum.pdf
[3]Comparative bills such as the EU Withdrawal Act 2018 had 36 days of parliamentary scrutiny. Even the 5 line bill to trigger Article 50 had 11 days of scrutiny in Parliament.
See more from the Constitution Unit here: https://twitter.com/ConUnit_UCL/status/1186303921091960832
[3]https://www.instituteforgovernment.org.uk/charts/parliamentary-progress-legislation-introduced-implement-brexit
[4] Brexit Civil Society Alliance Open Letter To Rt Hon Stephen Barclay MP: The Withdrawal Agreement Bill And The Importance Of Proper Legislative Scrutiny
https://www.brexitcivilsocietyalliance.org/news-indexpage/2019/3/14/open-letter-to-rt-hon-stephen-barclay-mp-the-withdrawal-agreement-bill-and-the-importance-of-proper-legislative-scrutiny
[5] Government’s response to the Brexit Civil Society Alliance’s open letter regarding scrutiny of WAB https://static1.squarespace.com/static/5b9265d0ee175944bdd8fc5d/t/5cd302837817f7cd043a86e4/1557332614264/DEXEU+response+re+Brexit+Civil+Society+Alliance+20190430.pdf
Will he, won't he?
We are in unprecedented times indeed when we find ourselves, time and time again having to contemplate whether the Prime Minister will comply with the law. Contradictory statements are repeatedly emerging from No 10- ‘we will leave on the 31st October come what may but we will also comply with the Benn Act’ (both of which cannot be true at the same time). Only time will tell what comes next, but this week’s ruling from the Scottish Court of Session puts Johnson in a bind.
A Cunning Plan
The Prime Minister has presented his ideas for a deal to the country and the EU. Will the EU accept them? Can they pass Parliament? Are they even viable? (Spoiler alert: not really). As usual, there are many questions around the future of the UK and EU. The PM also intends to prorogue Parliament again for a Queen’s speech, for 6 days instead of 5 weeks this time. In the midst of all this, the uncertainty of what comes after the 31st October remains. We have therefore published our short guide for you on how to prepare for a no-deal which you can download from our website.