SNP and Labour to oppose Brexit bill
● ‘Henry VIII’ provisions ‘will give ministers too much power’ ● ‘Drives coach and horses through devolution settlement’
Both the SNP and Labour have condemned legislation to enact Brexit as a “power grab” that will “drive a coach and horses through the devolution settlement”.
MPS from the two parties will join forces to oppose the European Union (Withdrawal) Bill, which they say would strip Holyrood of its ability to legislate in some areas.
S np’ se ur op es pokes man Peter Grant claimed the government was “intent on not just taking back control from Brussels, but also from Scotland, Wales and Northern Ireland”.
MPS call for changes as Labour accused of ‘cynical’ opposition
Paris Gourtsoyannis
Labour and the SNP will join forces to oppose legislation to enact Brexit over fears it will “drive a coach and horses through the devolution settlement”.
As debate began on the European Union (Withdrawal) Bill, both parties condemned it as a “power grab” that would strip Holyrood of its ability to legislate in some areas.
Downing Street has said it is in listening mode and will take on board MPS’ concerns about the bill, including on devolution, but that the bill was essential to delivering Brexit.
MPS have also warned the government that so-called “Henry VIII” provisions in the bill gave ministers too much power to amend or scrap laws without consulting parliament. The House of Commons will have eight days to make amendments at the committee stage following a vote on Monday, with pro-eu Tories threatening to back changes to curb ministerial powers.
Away from Westminster, the European Union warned the UK government’s plans for the Irish border after Brexit “will not happen” and suggested Brexit Secretary David Davis was not making himself “available” for negotiations in Brussels.
The Repeal Bill will transfer EU regulations into UK law, giving ministers a two-year window to amend or scrap individual provisions using secondary legislation, which cannot be amended and does not need to be debated by MPS.
It will also ring-fence powers currently held by the EU but exercised by devolved administrations, in areas such as agriculture, fisheries and the environment.
UK ministers insist many of these powers will be devolved soon after Brexit, but argue some need to be retained by Westminster to prevent differences in regulatory regimes that may produce internal trade barriers.
During debate, Mr Davis told MPS that some devolved responsibilities would have to be retained in order to “manage shared resources such as the sea, rivers and the air”.
“They will allow us to strike ambitious trade deals, provide access to justice in cases with a cross-border element and enter into new international treaties,” he said.
But in a joint article, the shadow Brexit secretary Sir Keir Starmer, the Welsh first minister Carwyn Jones and shadow Scotland secretary Lesley Laird said the devolution proposals in the bill were “completely unacceptable”.
Labour warned there were no limits in the bill to provisions ring-fencing EU responsibilities in devolved areas and claimed it would provide “a blank cheque for any future Tory government to unilaterally claw back powers”.
And Labour also raised the heat over claims that Henry VIII powers give UK ministers greater licence to amend devolved law than Scottish ministers.
“A Tory government is threatening to drive a coach and horses through that devolution settlement, using Brexit as a pretext for an unprecedented attempt to centralise power still further in Whitehall,” the three senior Labour figures said yesterday.
The SNP’S Europe spokesman Peter Grant claimed the government was “intent on not just taking back control from Brussels, but also from Scotland, Wales and Northern Ireland”.
Challenging Scottish Conservative backbenchers to rebel and vote against giving the bill a second reading, Mr Grant said: “Every elected Scottish MP will have a crucial role in either granting this Tory government a pass to simply do as it pleases, or stand with SNP MPS in the lobby and deny the power grab they seek to achieve.” MPS from across the Brexit divide called on David Davis to reconsider the scope of socalled “Henry VIII” powers that will allow ministers to amend or scrap EU regulations once they are transferred into UK law.
Dominic Grieve, the Conservative former Attorney General, called the European Union (Withdrawal) Bill an “abomination” and said the use of secondary legislation by ministers was “frankly ridiculous”.
And while Mr Grieve campaigned to stay in the EU, there was criticism, too from Brexiteer Owen Paterson, who said he hoped the government “would listen to concerns of how some of the so-called Henry VIII clauses might be amended”.
Shadow Brexit secretary Sir Keir said it was “absolutely extraordinary” that the bill gave the “widest possible power” with “no safeguards channelled into the level of least scrutiny”.
But pro-brexit Labour MP Kate Hoey said she was “very disappointed” that her party would oppose the bill in Monday’s vote. Labour rebels are likely to outnumber backbench Tories who vote against the government.
Ms Hoey said the decision “will be seen out there in the public by Labour voters – who came back to us having fraternised with Ukip for some time – as we are not really serious about leaving the European Union.”
Mr Davis accused Labour of being “cynical and unprincipled” by opposing the legislation, claiming voters “will not forgive them” if they attempt to “delay or destroy” the process of leaving the EU. Mr Davis also claimed a “smooth and orderly exit is impossible” if the bill is not passed.
SNP MP Joanna Cherry claimed same-sex couples’ pension rights would be at risk under the legislation because they may not be able to sue employers who withhold payments.
A case taken to the European Court of Justice earlier this year had relied on nondiscrimination principles in EU law which could be eliminated, Ms Cherry said.
Mr Davis told her to “come to me and we’ll find a way of correcting that problem” if she is proven right.