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| Dominic Grieve expects climbdown over post-Brexit human rights law | Dominic Grieve expects climbdown over post-Brexit human rights law |
| (2 months later) | |
| Ex-attorney general says ministers ‘may well change course’ over push to ensure EU charter of fundamental rights is enshrined in UK law | |
| Jessica Elgot Political reporter | |
| Tue 21 Nov 2017 10.16 GMT | |
| Last modified on Fri 24 Nov 2017 13.44 GMT | |
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| The former attorney general Dominic Grieve has said he is still expecting the government to back down over his attempts to force a vote to ensure human rights law is enshrined in the EU withdrawal bill. | The former attorney general Dominic Grieve has said he is still expecting the government to back down over his attempts to force a vote to ensure human rights law is enshrined in the EU withdrawal bill. |
| The UK is currently a signatory to the charter of fundamental rights of the European Union, which sets out a range of rights for EU citizens. However, the charter is due to cease to apply after Brexit, and the EU withdrawal bill in its current form states: “The charter of fundamental rights is not part of domestic law on or after exit day.” | The UK is currently a signatory to the charter of fundamental rights of the European Union, which sets out a range of rights for EU citizens. However, the charter is due to cease to apply after Brexit, and the EU withdrawal bill in its current form states: “The charter of fundamental rights is not part of domestic law on or after exit day.” |
| Grieve’s amendment would enshrine the charter of fundamental rights into UK law as part of the bill, set to be backed by Labour should it come to a vote. The amendment has also been signed by 10 rebel Conservative MPs, making it one of the key challenges to the bill, which is currently making its way through the Commons. | Grieve’s amendment would enshrine the charter of fundamental rights into UK law as part of the bill, set to be backed by Labour should it come to a vote. The amendment has also been signed by 10 rebel Conservative MPs, making it one of the key challenges to the bill, which is currently making its way through the Commons. |
| Government sources have told the Guardian that ministers will offer assurances that they will take another look at the issue from the dispatch box when the debate resumes on Tuesday afternoon. | Government sources have told the Guardian that ministers will offer assurances that they will take another look at the issue from the dispatch box when the debate resumes on Tuesday afternoon. |
| The EU Withdrawal Bill – once known as the Great Repeal Bill – is going through the House of Commons to repeal the 1972 European Communities Act and transpose all existing EU legislation into domestic UK law, which will avoid a 'cliff-edge' change on the day after we leave the EU. | The EU Withdrawal Bill – once known as the Great Repeal Bill – is going through the House of Commons to repeal the 1972 European Communities Act and transpose all existing EU legislation into domestic UK law, which will avoid a 'cliff-edge' change on the day after we leave the EU. |
| Parts of the bill have been highly controversial, and MPs have tabled hundreds of amendments to try and change its wording, including a significant number of Conservative rebels. Some of the key controversies include its use of so-called Henry VIII powers, which will give government ministers the power to tweak the wording of laws to make sure they make sense in UK legislation - but those changes could take place without having to go through parliament. MPs have called this a "power grab" by the government. The government estimates around 800 to 1,000 measures called statutory instruments will be required to make sure the bill is applied correctly. | Parts of the bill have been highly controversial, and MPs have tabled hundreds of amendments to try and change its wording, including a significant number of Conservative rebels. Some of the key controversies include its use of so-called Henry VIII powers, which will give government ministers the power to tweak the wording of laws to make sure they make sense in UK legislation - but those changes could take place without having to go through parliament. MPs have called this a "power grab" by the government. The government estimates around 800 to 1,000 measures called statutory instruments will be required to make sure the bill is applied correctly. |
| Other concerns include the government's decision not to include the EU charter of fundamental rights in the law being transposed. Other amendments are attempts to affect the Brexit process, including legislating for a transitional period and giving MPs a binding meaningful vote on the deal secured by Theresa May, before the deal is finalised. | Other concerns include the government's decision not to include the EU charter of fundamental rights in the law being transposed. Other amendments are attempts to affect the Brexit process, including legislating for a transitional period and giving MPs a binding meaningful vote on the deal secured by Theresa May, before the deal is finalised. |
| Grieve said on Tuesday that the government “may well have to change course” over its decision not to include the charter. | Grieve said on Tuesday that the government “may well have to change course” over its decision not to include the charter. |
| “It may be that in light of what I’ve said today, some of the amendments may be put to the vote, but at the moment the whole purpose of this exercise is to get a dialogue so we can actually pay some attention to what we are doing to our laws as we leave the EU,” he told BBC Radio 4’s Today programme. “And there are areas open to quite a lot of criticism and we can improve it.” | “It may be that in light of what I’ve said today, some of the amendments may be put to the vote, but at the moment the whole purpose of this exercise is to get a dialogue so we can actually pay some attention to what we are doing to our laws as we leave the EU,” he told BBC Radio 4’s Today programme. “And there are areas open to quite a lot of criticism and we can improve it.” |
| Though the government has argued that the charter gives no additional human rights protection to UK law, the Equality and Human Rights Commission has lobbied for the charter’s inclusion in UK law, saying it protects certain rights, including those specifically for older people and children. | Though the government has argued that the charter gives no additional human rights protection to UK law, the Equality and Human Rights Commission has lobbied for the charter’s inclusion in UK law, saying it protects certain rights, including those specifically for older people and children. |
| Grieve said the charter had been the basis for many challenges to the way EU law was applied, and could still function that way when EU law is transposed into UK law by the EU withdrawal bill. | Grieve said the charter had been the basis for many challenges to the way EU law was applied, and could still function that way when EU law is transposed into UK law by the EU withdrawal bill. |
| “The charter is the governing document which sets out the principles under which EU law should be applied and as a consequence it’s had a very important part in developing our equality law, privacy law, particularly the right to data privacy, and also children’s rights,” he said. | “The charter is the governing document which sets out the principles under which EU law should be applied and as a consequence it’s had a very important part in developing our equality law, privacy law, particularly the right to data privacy, and also children’s rights,” he said. |
| “What we are asking for is for the government to consider maintaining the status quo until such time as parliament decides what it wants to do with such rights.” | “What we are asking for is for the government to consider maintaining the status quo until such time as parliament decides what it wants to do with such rights.” |
| Grieve has repeatedly stressed that his amendment is designed to bring about a change from the government to allow it to be withdrawn, rather than to push for a Commons defeat. | Grieve has repeatedly stressed that his amendment is designed to bring about a change from the government to allow it to be withdrawn, rather than to push for a Commons defeat. |
| “I’ve always said the purpose is not to defeat the government; the purpose is to try to get the government to listen to what I think are very important points and actually have nothing to do with whether or not we are leaving the EU,” he said. | “I’ve always said the purpose is not to defeat the government; the purpose is to try to get the government to listen to what I think are very important points and actually have nothing to do with whether or not we are leaving the EU,” he said. |
| “The decision to leave the EU was taken when we triggered article 50. This is making sure the legal system works well.” | “The decision to leave the EU was taken when we triggered article 50. This is making sure the legal system works well.” |
| The shadow Brexit secretary, Keir Starmer, has confirmed his party will support the amendment should it go to a vote. | The shadow Brexit secretary, Keir Starmer, has confirmed his party will support the amendment should it go to a vote. |
| “Labour will not let the government use Brexit as an excuse to roll back fundamental rights,” Starmer said. | “Labour will not let the government use Brexit as an excuse to roll back fundamental rights,” Starmer said. |
| “The charter is vital for ensuring the rights of people living in the UK are protected, including the elderly and those from the LGBT community. | “The charter is vital for ensuring the rights of people living in the UK are protected, including the elderly and those from the LGBT community. |
| “And yet ministers want to drop it for the sake of appealing to the extreme voices in the Tory party. This week the government needs to change course or risk facing a defeat in the House of Commons.” | “And yet ministers want to drop it for the sake of appealing to the extreme voices in the Tory party. This week the government needs to change course or risk facing a defeat in the House of Commons.” |
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| Dominic Grieve | |
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