The most potent slogan of the Vote Leave campaign was the promise that Brexit meant that the country could ” take back control” and Parliament would be sovereign and we will be governed by our own laws.
Today Parliament abdicated its role to take back control of scrutinising the Brexit deal by kowtowing to a manipulative government which left little time to examine the Treaty before it had to come into effect.
A huge bill which will change Britain’s relationship with our nearest neighbours, end the freedom of British people to work and study in Europe, and introduce a raft of bureaucratic red tape to do business with Europe while avoiding tariffs and quotas, will be debated in just half a day. The bill will have no clause by clause examination because there will be no time in the Commons to do this. It will be just rubber stamped. And MPs will have just four minutes – later reduced to three – each to comment.
Similarly the House of Lords will not have time to scrutinise the bill either and though 145 peers have said they want to comment the new bill – they have precisely three minutes each to do so. The House of Lords Constitution Committee will scrutinise the detail of the bill after it has become law – even though the government does not want this to happen. The government in its explanatory memorandum says the bill is not suitable for pre legislation scrutiny. But Baroness Taylor, who chairs the Lords Constitution Committee, points out that the means the government uses to implement the treaty are subject to scrutiny – and she indicated that many of the Commission powers had been transferred to ministers not Parliament.
By midnight tonight the Royal Assent will be given. As the Hansard Society says: “Parliament’s role around the end of the Brexit transition and conclusion of the EU future relationship treaty is a constitutional failure to properly scrutinise the executive and the law.”
It rightly says the proceedings amount to a farce. Compare it with the European Parliament – which Brexiteers say amount to bureaucratic dictators. They declined to rush through a debate approving the deal until they could properly consider it. Instead they rely on a temporary agreement to allow trade to continue and will set aside much more time to debate it than the UK Parliament. They have two months to do this.
The reason why this is important is if there are defects in the legislation that will show up later and end up discrediting the issue even for Brexiteers. Much better to get the legislation right – and Parliamentary scrutiny is the best way to do this. Particularly as the deal runs to 1200 pages and you have to check the bill with the Treaty and refer to other legislation. We have now thrown away that chance.
In a way this is a microcosm of the way Boris Johnson and his Cabinet colleagues want to govern this country. They do not want scrutiny and want “to take back control” for themselves and not for Parliament or the people. They want to use Parliament and the people for their own agenda. Today was a bad day for Parliament and democracy.