EU Retained Law Bill (Environmental Protection)
May 2023
The European Union (Withdrawal) Act 2018 brought a large number of EU laws and regulation into our domestic law. This was called Retained EU Law (REUL), and had special status, reflecting the supremacy of EU law, European Court of Justice case law and EU legal principles. In September 2022, the Government introduced the Retained EU Law (Revocation and Reform) Bill. The Bill will abolish this special status and will enable the Government, via Parliament, to amend more easily, repeal and replace REUL.
As the Bill is currently drafted, almost all REUL is automatically revoked at the end of 2023, unless a statutory instrument is passed to preserve it. This is known as a ‘sunset’ provision. The Government has tabled an amendment for Lords Report, which will replace the current sunset in the Bill with a list of all of the EU laws that it intends to revoke under the Bill at the end of 2023. The remainder will continue in force without the need to pass extra legislation. By making it clear which regulations will be removed from our statute book, businesses and all those affected by these laws will have certainty. The Government will retain the vitally important powers in the Bill that allow it to continue to amend REUL, so more complex regulation can still be revoked or reformed after further assessment and consultation.
The REUL Bill will not weaken environmental standards. Under the Environment Act 2021, the Government has set legally binding targets, including a target to halt the decline of nature by 2030. In addition, the Government is enshrining stringent targets to reduce storm overflows into law. Further, in January, the Department for Environment, Food and Rural Affairs published its Environmental Improvement Plan, setting out how it would deliver on these targets and duties. The Government has also supported action on the global stage, including at COP15, where the Global Biodiversity Framework was agreed. This includes 23 global targets, including to protect 30 per cent of global land and ocean by 2030.
Immigration and Public Funds
May 2023
Those who arrive in the UK to establish their family life must do so on a basis that prevents burdens on the state and the taxpayer. It is a key principle that those who benefit from the state should contribute towards it. The general expectation of the Government is that migrants coming into the UK should be able to maintain and accommodate themselves without recourse to public funds. This reflects the need to maintain the confidence of the general public that immigration brings benefits to our country, rather than costs to the public purse.
Those who have leave to remain in the UK on human rights grounds can apply to have their no recourse to public funds (NRPF) condition removed if they would otherwise be destitute. Local authorities can also provide a safety net for those in a genuine need for care that does not solely arise from destitution. These include cases where there are community care needs, migrants with serious health issues or family cases. Migrants with leave under the family and human rights routes, and those who have been granted leave on the Hong Kong British National (Overseas) visa route as a British National (Overseas) status holder or a family member of a British National (Overseas) status holder, can apply, for free, to have their NRPF condition lifted by making a ‘change of conditions’ application if they are destitute or at risk of destitution, if the welfare of their child is at risk due to their low income, or where there are other exceptional financial circumstances.
Local authorities can provide basic safety net support, regardless of immigration status, if it is established that there is a genuine care need that does not arise solely from destitution, for example, where there are community care needs, migrants with serious health problems or family cases where the wellbeing of a child is in question. The protection of public funds through NRPF is a standard condition applied to those staying in the UK with a temporary immigration status. Indefinite Leave to Remain is set as the general threshold for permitting migrants to access public funds. These measures have been developed over many years and by successive Governments. The fact is that they are consistent with legislation in comparable countries and the position was approved by Parliament in primary legislation.
European Court of Human Rights
May 2023
There are no plans to leave the ECHR, and I do not believe it is necessary or desirable. The problem is that our courts and laws massively overinterpret the ECHR judgements, giving them far more intrusive clout here than in other countries. France for example has a far more robust regime deporting illegal immigrants than we do, despite also being a member of ECHR. I think if we pulled out of the ECHR, it would be endlessly used by countries such as China and Russia to paint us as hypocrites.
As I am sure you know, the ECHR is an international human rights treaty that protects the rights of everyone within the 46 states that belong to the Council of Europe. The UK led in drafting the Convention following the aftermath of the Second World in an attempt to protect the people from the State and safeguard fundamental rights. Signed in 1951, the UK was also one of the first States to ratify the Convention. To this day, the Convention remains a cornerstone in ensuring rights and liberties are protected domestically and in fulfilling our international human rights obligations.
The ECHR is divided into 14 articles, each representing a basic human right or freedom, including the right to life (Article 2) and the right to a fair trial (Article 6). It is important to note that not all member states are bound by all of these protocols, instead states choose whether or not to ratify the protocols. For example, the UK has not ratified Protocol 4, which protects the right not to be expelled from, or refused entry to, the country of one's nationality. The UK has a proud record of providing protection for people who need it in accordance with our international obligations under the ECHR and I am confident that the Government will continue to champion human rights at home and abroad.
Public Order Bill
March 2023
The Government is not eroding people's rights but making sure that highly disruptive protests do not cause misery to the public. At the moment hard-working people across the UK are seeing their lives brought to a standstill by some activist groups. People absolutely have the right to protest, but they do not have the right to stop other people going to work or the shops. I understand that the Government has recently tabled an amendment to the Bill in the House of Lords providing greater clarity on the definition of 'serious disruption'. As such, I can assure you that measures contained in the Bill will only be used to deal with specific incidences and protests that prevent people from being able to go about their daily lives.
Further, I can assure you that the reforms included in the Bill of Rights Bill will strengthen home-grown rights. The Bill will boost freedom of the press and freedom of expression by introducing a stronger test for courts to consider before they can order journalists to disclose their sources. It will also recognise that trial by jury is a fundamental component of fair trials in the UK. I am glad that it will also introduce a permission stage in court requiring people to show they have suffered a significant disadvantage before their claim can go ahead, thereby preventing trivial legal claims wasting taxpayers’ money.
Where human rights have been used to frustrate the deportation of criminals, the Bill will prevent such misuse, ensuring those who pose a serious threat can be deported by allowing future laws to restrict the circumstances in which their right to family life would trump public safety and the need to remove them. It will mean that under future immigration laws, to evade removal, a foreign criminal would have to prove that a child or dependent would come to overwhelming, unavoidable harm if they were deported. I believe that the Bill of Rights Bill will help to strengthen the UK's traditional freedoms. I will continue to follow its progress closely.
Digital ID Consultation
March 2023
The Government Digital Service (GDS), part of the Cabinet Office, is developing, in collaboration with other Government departments, a digital identity verification service which will allow people to create and reuse digital identities.
Known as Gov.UK One Login, this service will make it easier for people to find and access Government services, allow users to prove their identity online, protect the privacy of users, and reduce identity fraud and theft. It will also enable public bodies to share a wider range of specified data than is currently possible. This further benefits individuals and households by improving digital inclusion, reducing the burden on individuals of providing the same information to different public authorities many times.
To successfully deliver this service, participating public authorities will need to be able to check and share several types of Government-held personal data with the identity verification service to allow users to prove who they say they are.
Running from 4 January to 1 March 2023, the consultation sets out the proposed data sharing between specified public authorities to support delivery of identity verification services to individuals and households. It is aimed at UK public auhorities and other governmental departments, arm's length bodies, non-departmental public bodies or other organisations who may consider they could be affected by the draft regulators, but responses are also welcome from anyone with an interest in or views on the subject covered by this consultation.
The Government is undertaking this public consultation so it can be confident that as wide a range of views as possible are considered and factored into the regulations before they are presented to Parliament for approval. No decisions have been made, and I will be sure to pass on your concerns to ministers.
Immigration
February 2023
I fully understand frustration over the scale of immigration. I share much of your frustration. It would perhaps be helpful if I explained the immigration numbers in detail. In the year leading up to June 2022, 1.1 million people entered the UK and 560,000 emigrated leaving a net influx of just over half-a-million. The Office of National Statistics has produced more expansive information on non-EU migration than EU migration. The statistics show that study was the predominant reason for immigration and account for 36% of migrants. The vast majority of foreign students choose to leave at the end of their study period. During their period of study, universities are able to charge foreign students more than domestic students. This in some cases manages our universities to make up the discrepancy between the cost of providing education to British students and the fees paid by British students. At the University of Cambridge, for example, the average undergraduate cost per annum in 2012/13 when the £9,000 tuition fees were introduced was £16,600. In the intervening years that cost has only increased but domestic student fees are capped at £9,250. Foreign students therefore enable our universities to continue to provide world-class education to British pupils at a reduced rate.
The second most common category for migration was ‘other’ reasons. This includes humanitarian reasons. More than 21,000 Afghan refugees came to the UK following the Taliban seizure of power. Many of these refugees are people who have provided essential support to UK military forces since 2003 and are subsequently more likely to suffer at the hands of the Taliban on account of aid they have provided to British soldiers. As of 28th June, the Government had issued 142,500 Ukrainian vias under schemes designed to help evacuate vulnerable Ukrainians in the wake of Putin’s invasion. I know from conversations with Ukrainians who have travelled to my constituency that most of them hold the aspiration to return as soon as it is safe in order to rebuild their country. In effect, of the 276,000 people who entered the country in this ‘category’ roughly 60% came on legal routes designed for people facing war and oppression. The majority of these people will ultimately return to their countries.
The third most popular reason for those coming to the UK is for work purposes. Those that come for work purposes are far more likely to remain in this country than those who come to study or under specific wartime routes. Work immigration actually peaked in 2015-2016 prior to the EU referendum and it has since fallen. Under our new points based system the Government is rightly committed to building a fairer single, global immigration system, that considers people based on their skills, rather than nationality. This new system will deliver an ambitious vision for Global Britain, with the introduction of bespoke routes to enable more students, scientists, academics, investors and entrepreneurs to come to the UK and contribute to our economic growth.
The Government has rightly committed to reducing the overall levels of migration while ensuring we attract the best and brightest from across the world. This process is also about the creation of a high wage, high skill, high productivity economy, which is why the Government will not be introducing a general low skilled or temporary work route. The UK needs to move away from relying on cheap labour from Europe and focus instead on investment in technology and automation.
I have specifically addressed the matter of illegal immigration with the Prime Minister in person. I am determined to bring to justice the ruthless criminal people smugglers whose actions endanger lives. The Government is taking all action possible to stop criminals exploiting vulnerable people. There is a global illegal migration crisis with long-term pull factors and criminal gangs who treat human beings as cargo, and as such there is no quick fix. I fully support the Government’s approach of tackling issues upstream and not simply waiting until people have reached EU countries. People should claim asylum in the first safe country they reach, and nobody needs to flee France in to be safe. The elected Government of the United Kingdom should decide who comes to Britain – not people smugglers.
Far-Right Activity
February 2023
I am completely clear that we should not allow those with extreme views to divide our nation. The British spirit and sense of unity, community, inclusivity and compassion will, in my view, always prevail. However, we must never let up in our defence of the values we hold dear.
I can reassure you that the Government takes the threat posed by the far-right very seriously. Indeed, it is concerning that far-right terrorism is the fastest growing threat to this country. As a result, the Home Office is working closely with law enforcement and other relevant bodies nationally to monitor far-right activity. This cooperation is vital to ensure local enforcement and providers are joined up and have an effective plan in place to tackle incidents.
The Government has taken action to proscribe organisations that recruit, radicalise, promote and encourage terrorism, as well as those that actually commit acts of violence against innocent people. Their simple aim is to undermine our democracy. The effect of proscription is to outlaw a listed organisation and ensure that it is unable to operate in our communities. It is a criminal offence for a person to belong to, support or arrange a meeting in support of a proscribed organisation, or to wear clothing or carry articles in public that arouse reasonable suspicion that they are a member or supporter of a proscribed organisation.
Lords Spiritual
February 2023
I agree with the broad thrust of concerns regarding the Lords Spiritual, but obviously the current set up is a historical legacy rather than a true reflection of modern Britain. I was surprised when I came to the House of Commons to find that they still had Christian prayer in the Chamber every day, despite the presence of MPs of many other faiths.
Although there are 42 dioceses in the present-day Church of England, the number of places for Lords Spiritual is limited to 26 by statute. This includes the Archbishops of Canterbury and York, as well as the Bishops of London, Durham and Winchester, with the remaining 21 places on the Bishops’ Bench occupied by the longest-serving bishops of English dioceses. As you may be aware, bishops retire from the House of Lords when they leave office as a bishop.
When the House of Lords is sitting, there is always at least one Lord Spiritual present to read prayers at the start of the day and to participate in business of the House. It is important to note that official proceedings cannot begin until prayers have been read. Attendance in the House to read prayers is determined by a rota, with Bishops also able to attend on an ad-hoc basis when matters of interest or concern are scheduled.
By and large, I am very sympathetic to your points. Our constitution is a product of our history, and reforms tend to lag considerably changes in society. It is amazing we still have hereditary peers in the House of Lords, elected to that position by themselves (a compromise by the last Labour government). I agree the number of bishops should be reduced, and I will push for this. Thank you for raising this issue with me.
Local Electricity Bill
February 2023
There is no doubt that communities are key to decarbonising the UK economy, and I am glad that the Government is supportive of community energy. Ofgem already has existing flexibility to award supply licences that are restricted to specified geographies and/or specified types of premises. Furthermore, following a consultation process, since February this year, Ofgem is welcoming applications from community-interest groups, co-operative societies and community-benefit societies to the industry voluntary redress scheme. This is enabling groups to apply for funds to deliver energy-related projects that support energy consumers in vulnerable situations, support decarbonisation and will benefit people in England, Scotland and Wales.
To support community energy projects, the Government has funded the Rural Community Energy Fund. This £10 million funding scheme was delivered through the Local Energy Hubs which support rural communities in England to develop renewable energy projects, which provide economic and social benefits to the community. Since its launch in 2019, the fund received 1,668 enquiries, 203 applications and awarded millions of pounds worth of grants to projects focusing on a variety of technologies, including solar, wind, low-carbon heating and electric vehicle charging.
The Government has also introduced other UK-wide growth funding schemes, such as the Community Renewal Fund and the Towns Fund, through which it is enabling local areas to tackle net zero goals in ways that best suit their needs. In addition, I know the Government encourages community energy groups to work closely with their local authority to support the development of community energy projects within these schemes and plans to reintroduce the Community Energy Contact Group to strengthen engagement with the sector.
No Recourse to Public Funds
February 2023
Those who arrive in the UK to establish their family life must do so on a basis that prevents burdens on the state and the taxpayer. It is a key principle that those who benefit from the state should contribute towards it.
The general expectation of the Government is that migrants coming into the UK should be able to maintain and accommodate themselves without recourse to public funds. This reflects the need to maintain the confidence of the general public that immigration brings benefits to our country, rather than costs to the public purse.
Those who have leave to remain in the UK on human rights grounds can apply to have their no recourse to public funds (NRPF) condition removed if they would otherwise be destitute. Local authorities can also provide a safety net for those in a genuine need for care that does not solely arise from destitution. These include cases where there are community care needs, migrants with serious health issues or family cases.
Migrants with leave under the family and human rights routes, and those who have been granted leave on the Hong Kong British National (Overseas) visa route as a British National (Overseas) status holder or a family member of a British National (Overseas) status holder, can apply, for free, to have their NRPF condition lifted by making a ‘change of conditions’ application if they are destitute or at risk of destitution, if the welfare of their child is at risk due to their low income, or where there are other exceptional financial circumstances.
Local authorities can provide basic safety net support, regardless of immigration status, if it is established that there is a genuine care need that does not arise solely from destitution, for example, where there are community care needs, migrants with serious health problems or family cases where the wellbeing of a child is in question.
The protection of public funds through NRPF is a standard condition applied to those staying in the UK with a temporary immigration status. Indefinite Leave to Remain is set as the general threshold for permitting migrants to access public funds.
These measures have been developed over many years and by successive Governments. The fact is that they are consistent with legislation in comparable countries and the position was approved by Parliament in primary legislation.
Proportional Representation
February 2023
At the last General Election both the Conservative and Labour party manifestos pledged to maintain first-past-the-post. These parties accumulated three quarters of the vote nationally. Therefore, it is hard to argue that the current parliament has any mandate to alter our voting system. This follows on from the 2011 AV referendum in which voters overwhelmingly rejected the new voting system that was being champion by the Liberal Democrats.
I appreciate that no electoral system is perfect. I will not try to make the case that first-past-the-post is flawless. All systems have their benefits and their detriments. In Britain, we continue to see a direct correlation between deprivation and low voter turnout. In the 2019 General Election, the five poorest constituencies in England and Wales had, on average, a 57.1% voter turnout. This is ten percent below the national figure. In the five wealthiest constituencies in England and Wales the voter turnout was 75.2%.
If we were to move to a system of proportional representation, we would see representation skewed toward wealthier sections of society and away from the poorest. Currently, the poorest communities and the wealthiest communities have equal representation in the House of Commons. That means that all sections of society are spoken for. I am concerned that, in the event of a switch to proportional representation, we could easily see political parties attempt to milk votes from the communities with traditionally high turnouts at the expense of those with lower engagement.
Retained EU Law (Revocation and Reform) Bill
February 2023
In January 2022, the Government announced plans to bring forward a Bill to create a more innovative regulatory regime that would not have been possible were the UK still a member of the European Union. The Bill will enable the Government, via Parliament, to amend, repeal and replace retained EU Law. The Bill will also include a sunset date by which all remaining retained EU Law will either be repealed or assimilated into UK domestic law.
The programme to review, revoke and reform retained EU law is underway and there are no plans to change the sunset deadline for any government departments.
The Government is committed to a consumer rights framework that protects consumers and drives consumer confidence, while minimising unnecessary cost to business. Core consumer protections, as set out in the Consumer Rights Act 2015, remain unaffected by the REUL Bill. The Government will maintain its international commitments on consumer protection. The Government will bring forward proposals to address REUL that impacts consumer protection using the powers in the Bill or other available legislative instruments. The UK regime sets some of the highest standards of consumer protection in the world, and this will continue to be the case.
Retained EU Law (Revocation and Reform) Bill - Workers Rights
January 2023
In January 2022, the Government announced plans to bring forward a Bill to create a more innovative regulatory regime that would not have been possible were the UK still a member of the European Union. The Bill will abolish this special status and will enable the Government, via Parliament to amend more easily, repeal and replace retained EU Law. The Bill will also include a sunset date by which all remaining retained EU Law will either be repealed or assimilated into UK domestic law.
I have been assured that Government is committed to maintaining and enhancing workers’ rights following the UK’s departure from the EU. The Working Time Directive has been transposed into UK law through the Working Time Regulations 1998, and under the EU (Withdrawal) Act 2018 these and other Regulations have been retained.
The regulations provide that, subject to certain exceptions where the nature of the work makes it impractical, employees cannot work more than 48 hours a week averaged, normally, over a period of 17 weeks. It is possible for employees to opt out of this provision voluntarily and in writing, either indefinitely or for a specified period. Employers can request that an employee opts out but cannot terminate their employment or treat them unfairly if they decline.
Ultimately, the UK has one of the best records on workers’ rights, going further than the EU in many areas, and I am determined to build on this progress. By further protecting workers, supporting business to comply with the law, and preventing them from being undercut by a minority of irresponsible employers, the UK can continue to have a high-wage, high-employment economy that works for everyone as we build back better from the pandemic.
The Health and Safety at Work etc. Act 1974 has led to the UK having one of the best records on health and safety in the world, and I am confident that this record will continue. The Health and Safety Executive (HSE) remains focused on ensuring that regulatory frameworks maintain the UK's high standards of health and safety protection and continue to reduce burdens for business.
Retained EU Law (Revocation and Reform) Bill - Stella Creasy and David Davis Amendment
January 2023
The process of cataloguing retained EU law across government has been ongoing, and a dashboard was published on 22 June 2022, as part of the cross-Whitehall substance review of retained EU law. The dashboard presents an authoritative catalogue of retained EU law, not a comprehensive list of retained EU law. The Government will continue to work across government to develop this catalogue where EU-derived legislation remains on our statute book and the data will be updated on a quarterly basis.
This amendment, however, would create the preservation of a default position and therefore removes the key impetus for reform. Allowing outdated retained EU laws to languish on our statute book where they do not work in the best interests of the UK would be irresponsible. The sunset provision was drafted to incentivise government departments to review their respective retained EU legislation and actively make a decision on whether to preserve something. The sunset is the backbone of the Bill as it accelerates reform and planning for future regulatory changes. Without it, the benefits and the potential to bolster economic growth might not be realised, as sunset ensures that one single cohesive UK statute book will exist following the sunset deadline. The Government is clear that any retained EU laws that would stifle growth must be removed as they are not in the best interests of UK businesses and consumers.
Therefore, while I appreciate you may be disappointed by this, the Government does not support this amendment. I appreciate your strength of feeling on this issue, however the amendment states that we need greater transparency on how the process will continue and I would like to reassure you that there are many opportunities to scrutinise legislation. EU law that will be amended or repealed will go through the usual channels which includes several committees, such as the European Statutory Instruments Committee.
Retained EU Law (Revocation and Reform) Bill - Environmental Concerns
January 2023
The Government has longstanding plans to legislate for the protection of habitats and the promotion of biodiversity in the United Kingdom and around the world. Some of that was included in sweeping new measures in the Environment Act, which was welcomed by green groups.
It is worth remembering that the European Union is a landmass that ranges from the Alboran Sea to the Baltic. Within the European Union there are semi-arid deserts like the Tabernas in Spain and glaciers in Norway. These represent extremes that require specific regulations that simply do not apply to the UK. Indeed, leaving the European Union provides an opportunity to create bespoke laws that reflect Britain’s natural habitats.
Last year, I visited the RSPB Fen Drayton site. The guide was able to point to species of bird that have become far more prevalent in the UK on account of climate change. Inevitably, these species will, at points, leave our native species vulnerable. Outside of the European Union, we can legislate to discriminate in favour of bird and plant species that would otherwise be vulnerable to non-native species better suited to the changing climate.
I am assured by my ministerial colleagues that the Bill will not weaken environmental protections. Indeed, the Government has acted to significantly increase environmental protection. In 2021, the Government passed a new Environment Act which sets in law a series of environmental targets, enforced by a new Office for Environmental Protection. This landmark Act will clean up the country’s air, restore natural habitats, increase biodiversity, reduce waste and make better use of our resources.
Bill of Rights
May 2022
I would like to assure you that the new Bill of Rights will reflect the government's enduring commitment to liberty under the rule of law. A new Bill of Rights marks the next step in the development of the UK’s tradition of upholding human rights, and is informed by the recent Independent Human Rights Act Review. The Government remains committed to both the European Convention on Human Rights and the UK's proud tradition of human rights leadership abroad.
As you will appreciate, some rights in the European Convention are "qualified" recognising explicitly the need to respect the rights of others and the broader needs of society. Since 2000, human rights claims have been brought by many people who have themselves showed a flagrant disregard for the rights of others. A Bill of Rights could require the courts to give greater consideration to the behaviour of claimants and the wider public interest when interpreting and balancing qualified rights and I think this is absolutely right. The recent consultation contains a plethora of examples which are indicative of the unfortunate perception that that it is worth making a human rights claim, even on flimsy grounds. Although many claims are unsuccessful, the fact that they can be brought, at public expense, serves to undermine confidence both in the Human Rights Act and the value of upholding human rights more generally, and that is why I believe we must strike the proper balance of rights and responsibilities.
The Government has committed to amend, replace, or repeal all retained EU law that is not right for the UK and to begin a new series of reforms to the legislation we inherited on EU exit. This process will ensure all courts in this country will have the full ability to depart from EU case law and finalise the process of restoring Parliament and our courts to their proper constitutional positions. It is important to note that much of this EU legislation was agreed as a compromise between 28 different EU member states and did not always reflect the UK’s own priorities or objectives. Much of this law was also imposed in the face of UK government opposition, and changed with minimal parliamentary scrutiny in the past. The Brexit Freedoms Bill forms part of a wider plan to do things differently, in ways that work better for this country, and promote growth, productivity, and prosperity.
Lords Spiritual
February 2022
Although there are 42 dioceses in the present-day Church of England, the number of places for Lords Spiritual is limited to 26 by statute. This includes the Archbishops of Canterbury and York, as well as the Bishops of London, Durham and Winchester, with the remaining 21 places on the Bishops’ Bench occupied by the longest-serving bishops of English dioceses. As you may be aware, bishops retire from the House of Lords when they leave office as a bishop.
When the House of Lords is sitting, there is always at least one Lord Spiritual present to read prayers at the start of the day and to participate in business of the House. It is important to note that official proceedings cannot begin until prayers have been read. Attendance in the House to read prayers is determined by a rota, with Bishops also able to attend on an ad-hoc basis when matters of interest or concern are scheduled.
By and large, I am very sympathetic to your points. Our constitution is a product of our history, and reforms tend to lag considerably changes in society. It is amazing we still have hereditary peers in the House of Lords, elected to that position by themselves. I agree the number of bishops should be reduced, and I will push for this.
The response I am looking for is not here
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