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Brexit: Don’t jettison historic freedoms in rush to leave EU, Theresa May is warned

Peer Lord Deben warned the Prime Minister: 'We must not jettison our historic freedoms in order to buy short-term unity.': REUTERS
Peer Lord Deben warned the Prime Minister: 'We must not jettison our historic freedoms in order to buy short-term unity.': REUTERS

Theresa May was today warned she faces defeat in the Lords if she seeks to “jettison historic freedoms” to ram through legal changes as Britain withdraws from the EU.

Former Cabinet minister Lord Deben said it was the “constitutional job” of the Upper Chamber to “defend the constitution” and that Parliament must have the “final say” on Brexit.

In an interview with the Standard before the committee stage of the EU Withdrawal Bill starts in the Lords tomorrow, Lord Deben, who as John Gummer was Environment Secretary, warned against using the legislation for a power grab by ministers.

The Government is proposing to use “Henry VIII powers”, which allow legal changes without primary legislation, to transfer hundreds of EU laws and regulations into domestic law in the UK.

However, the peer warned the Prime Minister: “I know this is a very difficult negotiation for you, but we must not jettison our historic freedoms in order to buy short-term unity.

“These are our historic freedoms, the freedoms of Parliament. This ought not to be something that divides people who believe in leaving from people who believe in staying. All of us ought to be in favour of parliamentary control.”

Nine Conservative peers, including two former Cabinet ministers and the Duke of Wellington, have already put their names to cross-party amendments to the Bill. One backed by Lord Cormack wants to restrict the planned use of “Henry VIII powers” during Brexit.

Lord Deben added: “There are many Tories irrespective of their views about Leaving or Remaining who would be very unhappy if ministers are given these draconian powers. It’s up to the House of Lords because that is our constitutional job to defend the constitution.” He believes the Government will have to make “major concessions” to get the Bill through the Lords.

“Conservatives have always been very keen on parliamentary democracy, they have never been keen on ministerial power,” said the Remainer peer.

Lord Deben, who chairs the Climate Change Committee, also emphasised that peers were “concerned” about the threat to environmental, health and safety and other safeguards.

“The Government does not intend to take into English law the protocols of European Union laws, which make it clear any law that we decide on within the EU has got to take into account, for example, the environment,” he said. “If we are going to take back control, we need those protections as well.”

Lord Deben also warned of “very tough discussions” ahead over ensuring there is no return of a hard border between Northern Ireland and the Republic, which he strongly opposes.

He also stressed the type of Brexit sought by the UK still had to be agreed. “Parliament must discuss whether in voting to leave the European Union, people really meant they wanted to leave the single market, which of course was created by Mrs Thatcher,” he said.

“If in the end the terms are utterly unacceptable, well then Parliament must decide what to do,” he added. “It would a very odd kind of democracy in which Parliament did not have the final say before final decisions are made.”