Written Statements

Wednesday 13th December 2017 Written Statements

Wednesday 13 December 2017

EU Exit Agreements

Wednesday 13th December 2017 Written Statements

[The Secretary of State for Exiting the European Union (Mr David Davis)]

The UK will exit the EU on 29 March 2019. We are currently negotiating the terms of our withdrawal and hope shortly to move on to the terms of our future relationship. This note sets out the role of Parliament in approving the resulting agreements and how they will be brought into force.

Background

There will be at least two agreements.

A withdrawal agreement will be negotiated under article 50 of the treaty on European Union (TEU) while the UK is a member of the EU. It will set out the terms of the UK’s withdrawal from the EU including an agreement on citizens’ rights, Northern Ireland and any financial settlement, as well as the details of any implementation period agreed between both sides.

Article 50(2) of the TEU sets out that the withdrawal agreement should take account of the terms for the departing member state’s future relationship with the EU. At the same time as we negotiate the withdrawal agreement, we will therefore also negotiate the terms for our future relationship.

However, as the Prime Minister made clear in her Florence speech, the European Union considers that it is not “legally able to conclude an agreement with the UK as an external partner while it is itself still part of the European Union”. This is because the EU treaties require that the agreement governing our future relationship can only be legally concluded once the UK is a third country (i.e. once it has left the EU). So the withdrawal agreement will be followed shortly after we have left by one or more agreements covering different aspects of the future relationship.

How will the withdrawal agreement be approved and brought into force?

The withdrawal agreement will need to be signed by both parties and concluded by the EU and ratified by the UK before it can enter into force. The UK approval and EU approval processes can operate in parallel.

The EU’s chief negotiator, Michel Barnier, has said that he wants to have finalised the withdrawal agreement by October 2018. In Europe, the agreement will then require the consent of the European Parliament and final sign off by the Council acting by a qualified majority. It will not require separate approval or ratification by the individual member states.

In the UK, the Government have committed to hold a vote on the final deal in Parliament as soon as possible after the negotiations have concluded. This vote will take the form of a resolution in both Houses of Parliament and will cover both the withdrawal agreement and the terms for our future relationship. The Government will not implement any parts of the withdrawal agreement—for example by using clause 9 of the European Union (Withdrawal) Bill—until after this vote has taken place.

In addition to this vote, the Constitutional Reform and Governance Act 2010 (CRAG) normally requires the Government to place a copy of any treaty subject to ratification before both Houses of Parliament for a period of at least 21 sitting days, after which the treaty may be ratified unless there is a resolution against this. If the House of Commons resolves against ratification, the Government can lay a statement explaining why they consider the treaty should still be ratified and there is then a further 21 sitting days during which the House of Commons may decide whether to resolve again against ratification. The Government are only able to ratify the agreement if the House of Commons does not resolve against the agreement.

If Parliament supports the resolution to proceed with the withdrawal agreement and the terms for our future relationship, the Government will bring forward a withdrawal agreement and implementation Bill to give the withdrawal agreement domestic legal effect. The Bill will implement the terms of the withdrawal agreement in UK law as well as providing a further opportunity for parliamentary scrutiny. This legislation will be introduced before the UK exits the EU and the substantive provisions will only take effect from the moment of exit. Similarly, we expect any steps taken through secondary legislation to implement any part of the withdrawal agreement will only be operational from the moment of exit, though preparatory provisions may be necessary in certain cases.

How will the agreement governing the UK’s future relationship with the EU be approved and brought into force?

As described above, the agreement governing our future relationship with the EU can only be legally concluded once the UK has left the EU. This may take the form of a single agreement or a number of agreements covering different aspects of the relationship.

Whatever their final form, agreements on the future relationship are likely to require the consent of the European Parliament and conclusion by the Council. If both the EU and member states are exercising their competences in an agreement, member states will also need to ratify it.

In the UK, the Government will introduce further legislation where it is needed to implement the terms of the future relationship into UK law, providing yet another opportunity for proper parliamentary scrutiny.

The CRAG process is also likely to apply to agreements on our future relationship, depending on the final form they take.

[HCWS342]

Daesh

Wednesday 13th December 2017 Written Statements

[The Secretary of State for Foreign and Commonwealth Affairs (Boris Johnson)]

Daesh no longer holds significant territory in Iraq or Syria. Thanks to the courage and resolve of the Iraqi Security Forces, our partners in Syria and the unwavering support of the 74 member global coalition, in which we play a leading role, millions of people have been liberated from Daesh’s control in both Iraq and Syria.

Daesh is failing, but not yet beaten. It continues to pose a threat to Iraq from across the Syrian border and as an insurgent presence. It is also a global terrorist network. Daesh has the ability to plan and inspire terrorist attacks at home and abroad. Therefore, we will act to protect the UK and our allies, as long as necessary.

We must be prepared for Daesh to change its form by returning to its insurgent roots and making ever stronger efforts to lure more adherents to its ideology. So we will continue to tackle Daesh on simultaneous fronts, which includes preventing the return of foreign terrorist fighters to their country of origin, including the UK and Europe. We will continue to degrade Daesh’s poisonous propaganda, decrease its ability to generate revenue and deny it a safe haven online.

It is vital that we also address the underlying causes of Daesh’s rise. To truly defeat Daesh requires long-term work to address the grievances it feeds off.

That is why we will continue to work with and support the Government of Iraq in their efforts to deliver the reforms and reconciliation needed to rebuild public trust in the Iraqi state and unite all Iraqis against extremism, including by giving them the security, jobs and opportunities they deserve.

In Syria, Assad created the space for Daesh by releasing extremist prisoners and by causing untold suffering to his people. His brutality is evident in the siege and bombardment of almost 400,000 people in eastern Ghouta, which is a replication of the Aleppo siege this time last year. We remain committed to securing a political settlement that ends the conflict and brings about a transition away from Assad. To this end, we welcome the agreement in Riyadh of a new Syrian opposition negotiating team and the resumption of UN-mediated peace talks in Geneva this month.

The ranks of the global coalition continue to grow as more and more countries answer the call to action against Daesh. We will continue to take whatever steps are necessary to protect the British people and our allies.

[HCWS343]

Intimidation in Public Life

Wednesday 13th December 2017 Written Statements

[The Prime Minister (Mrs Theresa May)]

Today, I welcome the publication of the report by the Committee on Standards in Public Life on its review of the intimidation of parliamentary candidates.

I would like to place on record my thanks to the Committee for its thorough consideration of these issues. In July, I asked the Committee to undertake this review into the issue of abuse and intimidation experienced by parliamentary candidates, including those who stood in the 2017 general election campaign. The issue was highlighted by those across the political spectrum. While robust debate is fundamental in an open democracy, threats to candidates and property go well beyond that which should be regarded as acceptable by those in public life, and abuse will not be tolerated.

The Committee has consulted widely and members of both Houses, from across all parties, were invited to contribute. Today’s report addresses the roles of the main actors—in social media, the law, policing and prosecution, and political parties—and proposes a package of recommendations for both immediate and longer-term action. We will be giving full and thorough consideration to its recommendations. The Government plan to issue a response to the review in due course. This House may also wish to debate and consider the Committee’s recommendations.

The Committee’s report provides a body of evidence showing the extent and seriousness of the problem. It considers the risks to freedom of speech, diversity, and debate and to our representative democracy if action is not taken. We need to protect our freedom of speech and the vitality of our political system, and the freedom and diversity of participation in that system, as well as ensuring the integrity of the democratic process.

The report finds that intimidation is not a new phenomenon, but its scale and intensity, which has been accelerated by social media, is a serious issue.

It is not just politicians who have experienced unwarranted abuse—it has included journalists and other prominent figures in public life. Everyone deserves to be treated with tolerance and respect, and the British liberties of freedom of speech and freedom of association must always operate within the law. All those in public life need to demonstrate their opposition to intimidation and call it out, and report it when they see it. We must all work together to combat this issue.

Copies of the report have been laid in the Journal Office, the Printed Paper Office and deposited in the Libraries of both Houses.

[HCWS344]