Susan van de Ven

Liberal Democrat Councillor for Bassingbourn, Litlington, Melbourn, Meldreth and Whaddon Learn more

Brexit: Letter from a human rights lawyer to our MP

by Susan van de Ven on 7 February, 2017

A South Cambridgeshire human rights lawyer posted this letter to our MP, Heidi Allen, on how the government is doing in charge of Brexit.

Dear Ms Allen,

I hope this letter finds you well.

I am writing to express my grave concerns about the government’s handling of Brexit so far, and particularly the plan to trigger Article 50 before the end of March 2017.

I am writing this letter as one of your constituents, but also as a legal expert with over twenty years of experience of engaging with UK, EU and international institutions on cross border regulatory issues.

It may ultimately be possible to deliver a Brexit that is not extremely damaging to the UK economy and our legal and social framework. My concern, however, is that the timetable for Brexit is absurdly ambitious and driven by party political considerations rather than the national interest.

When people voted for Brexit they did not vote for a rushed Brexit, or an incompetent Brexit, or a “car crash” Brexit. Yet that is what we will get if we carry on as we are.

There are literally hundreds (possibly thousands) of decisions still to be taken about how our society and legal systems will work post-Brexit, spanning many complex fields of regulation. Granted, many of these decisions will depend on the outcome of Brexit negotiations, but many will not. Whilst everyone has been focussing on the economy and trade, the social, environmental and human rights implications of different Brexit options are barely mentioned. Ministers appearing before parliamentary committees have been unable to answer even basic questions about the implications and impacts of different scenarios. The published proposals for the Great Repeal Bill contain many gaps and flaws. And there has been virtually no serious analysis of the economic impacts of different post-Brexit scenarios which, in itself, raises serious questions about the basis on which decisions are being made.

Against this background, the rush to invoke Article 50 in March this year (and thereby start the two year countdown running) is, in my view, staggeringly reckless.

I appreciate that you, as a Conservative MP, are in a difficult position. You will need no reminding that, in the 23 June Referendum, your constituents voted heavily to Remain. On the other hand, the government is committed to deliver Brexit, and the noisy right-wing press is impatient for action and watching the government and individual MPs closely for any signs of “backsliding”.

However, we are on the cusp of the most challenging, complex and risky set of negotiations that I think any country has ever attempted. We are about to start dismantling institutions and cooperative arrangements on which the future prosperity of this country, and the well-being, safety and life chances of our children, and grandchildren too, could well depend.

Constitutional change of this magnitude requires time, planning and resources. Careful planning and thoughtful analysis has always been one of the hallmarks of the UK legislative process. Yet, on this occasion, with more at stake than I can ever recall, the government chooses to initiate a process from which there may be no return, without even a clear idea of where we are headed, and what the risks and benefits might be.

Brexit cannot and should not mean “Any Old Brexit”. However we voted in the referendum, the government owes each and every one of us a duty of care to find a means of Brexit that will not hurt us.

For all these reasons, I implore you not to vote in favour of legislation authorising the Prime Minister to trigger Article 50 by the end of March this year. Please believe me when I tell you that the timetable to March 2019 is impossible for anything but the crudest possible Brexit. If this means that Brexit will not be completed by the next election so be it. There is too much at stake for this process to be driven by narrow, party political concerns.

At the appropriate time, when our civil servants have had the time properly to prepare for this enormous challenge, then invoke Article 50 by all means. However, regardless of when this takes place, I hope and pray that Parliament will use responsibly the sovereignty confirmed in the Supreme Court judgment of 24 January 2017. I beg you to do all you can to ensure that the following safeguards are written into the enabling legislation; that the social, environmental, human rights and economic impacts of Brexit proposals and options will be identified and rigorously assessed at every stage, and that Parliament will have the right and ability to vote on any final Brexit deal.

Yours sincerely

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