It is a great honour to follow the wonderful women from Wealden and Walthamstow in their different speeches this evening. This is not a time to re-argue the referendum debates—they happened last year. This is the time to look forward, not to think about what we have left behind but to think about how we forge new relationships not only with the EU but with its single market and with other parts of the world.
One of the reasons why the Bill and tonight’s discussion is so important is that it is about the way we as legislators intend to act. The rest of the world is watching us, and if we want to have deep, close co-operative relationships with other parts of the world, it is up to us to act in a predictable manner, to be honest and transparent. I am proud that as a Conservative during my time in Brussels I helped the Conservative-led Governments champion the better regulation agenda, which I have mentioned before. It is an agenda that says, “Before you make any changes to law, you consult those who will be affected and you consider the impacts, and you don’t make decisions behind closed doors.” That is why I added my name to amendment 3, as so many different pieces of European legislation would be affected.
The Library mentioned three of those, with one being fisheries, mesh size and fishing nets. Everybody who has been watching “The Blue Planet” knows how important protecting our sea is. I am glad that the Library said it would be relatively straightforward to bring that piece of legislation directly into British law. It also talked about the open internet access law, which is fundamental to freedom of speech in a digital age; it deals with whether or not someone’s internet provider can block or throttle content from others. That piece of law will need a number of policy decisions to be made when it is brought from European law into British law.
The Library also mentions the bank capital requirements, which is really boring law—it was five years of my life. It is deeply detailed but really important to our major financial services legislation and will involve policy decisions. So we need to make sure those policy decisions are made in an open and transparent way.
I am very glad that, thanks to the leadership of my hon. Friend the Member for Broxbourne (Mr Walker), the new sifting process has been put in place, not only under amendment 3, but under amendment 393, which the Government now support. I am also pleased that overnight last night they announced they would support a new European scrutiny instruments committee, which will scrutinise the various changes that need to be made to our law in this transposition and bring in expert guidance. We need the expertise of the Treasury Committee to look at changes to banking law and of the Environmental Audit Committee to look at changes to environmental law, because only in that way will we ensure that these details are properly addressed.
Clause 7 is complicated. It says that the Government will only be allowed to deal with “deficiencies”, but the Bill contains no definition of them. We have heard Ministers tonight say that they will look again at this issue of deficiencies and whether they can give more clarity on that. Where a significant policy decision is being made that affects real stakeholders in the real world, we should have affirmative decisions.
There are also confusing powers in the Standing Order on what powers the statutory instrument committee will have. It says that the committee can turn a negative
into an affirmative procedure only where a provision is of the type specified in paragraphs 1(2), 5(2) or 6(2) of schedule 7 of the law. When we read those paragraphs, we see that they are actually very limited. So that committee will need to think very hard about the principles of transparency that it wants to engage in, because it is in all our interests to make sure that when we move on to these new agreements—this new legislation—we give certainty not only to those watching us from overseas, but to the many people and businesses that these legal changes could affect.