UK – Deeds Not Words: Ensuring Women’s Rights Are Not Weakened in Repatriation of EU Laws in the Wake of BREXIT
Author: WUNRN
Date: March 27, 2018
Direct Link to FULL 15-PAGE 2017 Document: http://wunrn.com/wp-content/uploads/%E2%80%98Deeds-not-Words%E2%80%99.pdf
Keynote speakers:
Dr. Catherine Barnard, Professor in European Union Law and Employment Law, Trinity College Cambridge
Sam Smethers, Chief Executive, Fawcett Society
Dr Monica Threlfall, Senior Research Fellow Global Policy Institute
Summation: Barbara Cleary, European Women’s Lobby UK Board member
Chairing: Fiona Bartels-Ellis, Head of Equal Opportunity and Diversity, British Council
Lesley Abdela, Senior Partner Shevolution. lesley.abdela@shevolution.com
Please also circulate these notes and encourage individuals and organisations to take actions. To contact speakers please email tim.symonds@shevolution.com
Purpose of the meeting.
The purpose of the meeting was to assess what individuals and organisations can do (or are doing) to ensure women’s rights are not weakened or lost in the Brexit negotiations and process of repatriation of EU laws into UK laws. Warning bells are sounding that rights women have gained during 42 years of EU Membership could be at risk and in some instances wiped out.[1] Under the Government’s proposed fast-speed ‘Henry V111’ procedures, unless there is oversight and scrutiny, it will be easy for business interests to persuade Government to get rid of what they perceive as ‘red-tape’, aka women’s employment rights. The ‘Henry VIII’ Act of Parliament gives power to the executive to change statutory instruments and Acts of Parliament and could also be used to amend the Equality Act. Other European legislation affecting women’s rights is at risk, e.g. International cooperation on domestic violence, trafficking, Female Genital Mutilation. If a woman is a victim of domestic violence or Female Genital Mutilation in one EU State will it be valid in another EU state?
Key Points to consider:
For the past four decades UK women have mostly relied on EU law and the European Court of Justice to make sure their rights get meaningful protection. Currently the constitutional right to equality sits within Europe. UK domestic law cannot fall below the standard of EU law. This is an important guarantee of minimum levels for equality rights. It is possible to go beyond these standards, but EU Member States cannot go beneath the floor. UK women risk losing this floor as a consequence of Brexit because upon leaving the EU this additional layer of protection of rights and freedoms will be lost.
SUMMARY OF RECOMMENDATIONS FROM SPEAKERS AND PARTICIPANTS
Include a principle of non-dilution of equality and human rights law in the Bill. The Bill needs to be amended to include the principle that leaving the EU should not mean that equality and human rights law is diluted in anyway. This could be achieved by the inclusion of a specific clause[2] which requires the British Government when drafting Brexit-related legislation to take account of the need for the law relating to equalities and human rights:
– to be retained and protected
– to continue to reflect best international standards and practice
– to be scrutinised effectively by Parliament.
Entrench the Equality Act. Introduce a constitutional right to equality. If there’s consensus that the Equality Act is a constitutional statute – it cannot be repealed. The Equality Act is under threat, it was in the ‘red-tape challenge’ – the list of what the UK Government can afford to lose.
Insist the Government meaningfully implement the public sector equality duty (section 149 Equality Act 2010) throughout the BREXIT procedures. This imposes a duty on all public authorities and bodies performing public functions to give ‘due regard’ in the performance of those functions to the need a) to eliminate discrimination; b) to advance equality of opportunity; c) to foster good (gender) relations. The need to give due regard to the advance of equality of opportunity means identifying the barriers to equal opportunity in any particular context and considering which steps could be taken.[3]
Rule out the use of delegated powers to amend equality and human rights laws. Support amendments at committee stage, e.g. protecting equality legislation. Parliament must be able to scrutinise any changes.
Retain the protections in the EU Charter of Fundamental Rights. Support amendments relevant to protecting women’s rights such as an amendment which would enshrine the Charter of Fundamental Rights into UK law as part of the 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. The Charter is due to cease to apply after Brexit. QC and former Attorney-General Dominic Grieve’s amendment would enshrine fundamental rights into UK law as part of the Bill. The Charter has been successful for equality between men and women and has had a very important part in developing UK equality law.
Make provision for the UK courts to be able to consider European Court of Justice case law when a doubt arises about the construction or application of any law relating to equality and human rights. Ensure the courts have regard to the relevant EU case law where there is doubt in construing or applying law relating to equality and human rights.
Government should set up a new entity to fulfil the role formerly carried out by the Women’s National Commission as a valuable two-way conduit between women’s organisations and the Government. This piece of Government machinery is a missing gap and badly needed. The WNC remit was to make known to government by all possible means the informed opinion of women. The breadth of the remit ‘to make known to government’ meant that WNC could go to every department and were not just limited to the Women’s Minister. This included research, reports, consultations, meetings and so on. The ‘informed opinion’ is key: it creates an implicit duty in parallel with briefing Government Departments to inform/raise awareness among women. Part of the role should be to make sure women are given information through regular newsletters and through the existence of standing groups and biannual all-member consultative conferences.
Actions to take
“Keep Women’s Equality on the agenda. The topic will drop off if people don’t mobilise.”
– Parliamentary Committees: once you know who is on them, open up communication to them.
– It’s helpful for backbenchers to have research to go on – a toolkit. You can help back-benchers write speeches so they get it right.
– One voice – a consensus – is very helpful to MPs when you’re lobbying them.
– Sign up to the Fawcett #FaceHerFuture campaign. https://www.fawcettsociety.org.uk/faceherfuture.
– Lobby key ministers and natural champions within the government. Also, the Head of government equality office – Hilary Spencer or successor.
– It would be helpful to have a good legal briefing on the trade aspects of Brexit and how they interact with equalities. For example, it would be surprising if the EU will be prepared to negotiate any sort of trade agreement without the UK’s continuing to sign up to those elements of the acquis that impact on the costs of production here – otherwise UK can undercut their labour protections. So we could expect to be forced in any agreement to continue to adhere to their standards on health and safety, traceability, labour rights, including the minimum wage, and equalities. It would be useful to know how far this goes and what we can do to capitalise on this if it is the case.
No BREXIT, remain in the EU. A number of Speakers and participants felt women’s rights would be better protected if the UK remained a EU Member State.
HOUSE OF COMMONS: REPORT STAGE & THIRD READING
As Committee stage is finished, the EU (Withdrawal) Bill will be reprinted and will return to the floor of the House of Commons for its report stage, where the amended Bill can be debated and further amendments proposed. The dates for Report Stage and Third Reading are 16th and 17th January 2018.
Report stage gives MPs an opportunity, on the floor of the House, to consider further amendments (proposals for change) to a Bill which has been examined in committee.
All MPs can suggest amendments to the Bill or new clauses (parts) they think should be added. The deadline for amendments/new clauses is two sitting days before report stage consideration. The selection and grouping of amendments is by the Speaker and the criteria for selection is generally stricter than at committee stage – for example, amendments that have been debated fully at committee stage will not usually be selected for consideration at report stage – so a Member can’t just persist with the same amendment and try to get it revisited. Report stage is normally followed immediately by debate on the Bill’s third reading.
Third reading is the final chance for the Commons to debate the contents of a Bill. It usually takes place immediately after report stage as the next item of business on the same day. Debate on the Bill is usually short, and limited to what is actually in the Bill, rather than, as at second reading, what might have been included. Amendments (proposals for change) cannot be made to a Bill at third reading in the Commons. At the end of the debate, the House decides (votes on) whether to approve the third reading of the Bill.
HOUSE OF LORDS: EU (WITHDRAWAL) BILL 2018 TIMETABLE
First Reading: End of January – currently suggested to be 18th January.
Second Reading: End January – rumoured 29th and 30th or 30th and 31st January.
Amendments may be tabled at any stage after second reading and can be tabled during recess. Late tabling while allowed, is not considered proper.
Committee Stage: expected to start after February recess, from Tuesday February 20th and over 4 or 5 weeks.
Report Stage could possibly be the end of March or after Easter recess
http://www.parliament.uk/business/lords/
Categories: Releases, Slider Featured