Today, the government revealed that they are reaching for the Henry 8th powers, which are the nearest this country comes to making law by Ministerial diktat. The Lords has to do everything in its power to fight this government power grab.
There are three dangers down the road with Brexit. One is that the Government simply leaves a lot of European law out of the Great Repeal Bill.
Another is that much of the detail is put in secondary legislation, which gets less scrutiny and is extremely difficult to amend and vote down. In both cases they’d hope nobody notices, or that any opposition would be swamped by the focus around other issues like single market access.
A third is that the Government gives itself so-called Henry the Eighth powers to unilaterally repeal or amend these laws after the act passes, opening the door to a bonfire of environmental and social protections.
The nature of the beast of democracy is that you are often on the losing side and things are done that you don’t agree with. We can all live with that. But what the government is threatening to do is to take executive powers that allow no debate and little discussion, while they destroy pollution controls, environmental safeguards and workplace safeguards.
The Great Repeal Bill will just be the start, as secondary legislation and Ministerial misjudgements are hurried through. Next will come all the detailed giveaways in the trade negotiations with the likes of Trump. We know from our experience with TTIP that these external treaties have significant internal impacts. Modern trade deals need as much parliamentary scrutiny as any legislation.
I don’t under-estimate the practical problems with parliament dealing with the sheer volume of secondary legislation and trade negotiations, which is why we need a functioning second chamber that has real legitimacy. That means a second chamber elected under a PR system where every vote counts.