I’ve just got hold of a copy of the Labour amendments to the article 50 bill that is coming before parliament and will be voted on in the next few days. I have listed them below with a commentary, by me, of whether or not I agree with them and why.
Labour’s amendments will be:
i) Allow a meaningful vote in Parliament on the final Brexit deal. Labour’s amendment would ensure that the House of Commons has the first say on any proposed deal and that the consent of Parliament would be required before the deal is referred to the European Council and Parliament.
This seems to me to be okay. However, come the day, in 2 years time, if Labour or any other party were to block the deal, it would mean we were going to walk away from the EU with no deal. Which certainly has it’s own nightmares attached. But, nevertheless, I do consider such an amendment necessary in order to keep the Tories feet to the fire in ensuring they do not simply try to make a deal that suits their rich mates.
ii) Establish a number of key principles the Government must seek to negotiate during the process, including protecting workers’ rights, securing full tariff and impediment free access to the Single Market.
This is a major problem for me. If continued access to the free market is enshrined as a negotiation goal, then this could mean that continued free movement of peoples across our borders is an inevitable outcome. The people of this country clearly voted to leave the EU on the back of the ending of free movement. In other words, for a UK parliament to be able, from administration to administration, to change the conditions of such movement depending on their manifesto commitments. This amendment alone could cost Labour dearly once people begin to understand its ramifications. It is basically a way of keeping free movement in place by the back door.
iii) Ensure there is robust and regular Parliamentary scrutiny by requiring the Secretary of State to report to the House at least every two months on the progress being made on negotiations throughout the Brexit process
Fine
iv) Guarantee legal rights for EU nationals living in the UK. Labour has repeatedly called for the Government to take this step, and this amendment would ensure EU citizens’ rights are not part of the Brexit negotiations.
Again, this is problematic. My own view is that EU nationals should absolutely be allowed to remain in the UK. However, a reciprocal arrangement should be in place in the EU. If it is not, then we should be under no obligation to unilaterally offer this. Thus, we cannot a priori guarantee this until we know what the EU’s position is on it.
v) Require the Government to consult regularly with the governments in Wales, Scotland and Northern Ireland throughout Brexit negotiations. Labour’s amendment would put the Joint Ministerial Committee (JMC) on a statutory footing and require the UK Government to consult the JMC at least every two months.
Fine, so long as the JMC cannot force through free movement by the back door, In which case, not fine.
vi) Require the Government to publish impact assessments conducted since the referendum of any new proposed trading relationship with the EU. This amendment seeks to ensure there is much greater clarity on the likely impact of the Government’s decision to exit the Single Market and seek new relationship with the Customs Union
Again, the last part of this seems, to me, to be another way of thwarting the requirement to leave the singe market. Leaving the single market is simply unavoidable in order to regain sovereignty of parliament on a whole host of issues including free movement of EU nationals across our borders
vii) Ensure the Government must seek to retain all existing EU tax avoidance and evasion measures post-Brexit
I don’t really strongly care one way or another on this since this is the kind of thing that can be changed at any election. Don;t misunderstand me, I would want such arrangements to remain in place. But, they just become part of the British democratic system and so are not cast in stone.
In summary then – Some of these amendments are reasonable and some are not. When this comes up for debate in the next few days, Labour are going to be torn to shreds in both parliament and the media over amendments (ii), (iv) and (vi). But, particularly amendment (ii).
Stephen Cook
