Contribution
There are three fundamental points to be made about the Bill, and I will make them more briefly than the previous speaker, the hon. Member for Walthamstow (Ms Creasy), although I am delighted to follow her. First, there is a constitutional issue at the heart of the legislation about the power of this House and this Parliament, and the power of the Executive.
The Bill creates a permissive power for the Executive to introduce by regulation, through statutory instrument, all kinds of measures. Those who have been in the House for a long time, and perhaps those of us who have been in the House for a rather shorter time, will know what that means in practice: a brief debate in a room upstairs that will take a few minutes or perhaps a little longer. It will be thinly populated and the measure will be given scant scrutiny. The Executive should be held to account on the Floor of the House or by a Committee designed for the purpose.
That brings me to my second point about the Bill. We once had a European Scrutiny Committee whose task was to look closely at all kinds of things that emanated from the European Union. The hon. Lady who spoke immediately before me described those of us in the House who are sceptical about the European Union as not being rational; she said these were irrational fears about the European Union. Were that to be true, she would probably have a point, but actually our fears are entirely rational. We know what emanated from the European Union during our membership, and it was endless bureaucracy. I acknowledge that it was often gold-plated here, but none the less it was every kind of rule and regulation, some of which were entirely superfluous to our needs because they were introduced on a pan-European basis. I learned long ago that power is best exercised when it is exercised closest to its effect. When decisions are made, they need to be sensitive to the difference they make to those affected by them. One of the reasons I was a passionate supporter of Brexit is that I want power to return to the place where it has its effect. I fear, therefore, entirely rationally, that if the default position as a result of the Bill is that we end up with European regulation, it will not be sensitive to its effect but instead will be decided upon far from where the businesses that it affects are located.
So, given the second issue is about how the measure is scrutinised, I invite the Government to reinvent some kind of European Scrutiny Committee or similar. Perhaps we can call it a regulatory scrutiny Committee; perhaps it may be a body that allows the full consideration of each of the measures that the Government introduce under this umbrella Bill to ensure the House was happy with them and felt they were appropriate and had been tailored in the right way. That might be an amendment that the Government will accept, given that the Secretary of State said he was open-minded about improving the legislation during its passage.
The third problem that this Bill has at its heart is the assumption about harmonisation. That term is often used and one should always be terribly fearful when it is, because it’s usually not about creating harmony but about accepting control from elsewhere. I worry that that process will snuff out some of the measures that might more usefully be adopted by Government and impose on businesses and others blunt measures that are insensitive to the particularities that prevail in our country. I do not say that is with intent, as it seems to me that the Secretary of State made clear it was not his intention, but I just fear that it will.
The regulatory impact assessment and the explanatory notes that we already had seem to imply that. They say, and the Secretary of State repeated this in his opening remarks, that there are all kinds of changes—new rules, new regulations and new restrictions—happening at a pace that require the attention of Government, and that pace is so great that it is hard for the Government to keep up. My fear is, therefore, that they will adopt very broad measures rather than ones that are sufficiently tailored and sufficiently refined to meet domestic needs.
With that constitutional problem of the balance between the Executive and Parliament; with that lack of scrutiny and oversight that comes from not having a body that can look at these things on a one-by-one basis; and with that tendency to produce broad-brush measures emanating from the European Union, as implied both in the Bill and in supporting documents, I have grave doubts about this legislation.
It is true that we should regulate where necessary, of course; it is right in the public interest that we do so. However, we must always do so with care, because when that regulation becomes burdensome, when it frustrates innovation and when it tempers the ability to produce goods that meet popular demand, rather than becoming helpful to either customers or those that supply them, it inhibits the very things that support those businesses and aid those customers. I simply invite the Minister when he sums up to re-emphasise that the Government believe, as I do, in light-touch regulation and in regulation that only applies when there has been appropriate discussion with those affected by it, that there will be a proper dialogue between business and business representatives before new measures are introduced, and that all that is introduced will have the character that I have set out: tailored, specific and in the British interest.
Our role in this place is to defend the national interest. I know that a kind of heady internationalism permeates particular parts of this Chamber—I look to my left towards the Liberal Democrats—but I have always thought that it was more important to stand up for the British people, to represent my constituents to the best of my ability and to be, as I described earlier, sensitive to the particularities of the locale that I represent and the country that I love. Is that too much to ask of Members of this House?
So, I do not regard my fears about this Bill as irrational, contrary to the hon. Member for Walthamstow’s assertion; they are deeply rooted in a rational fear of the worst this Bill could bring.