Brexit: Withdrawal Agreement and Political Declaration

Baroness Smith of Basildon Excerpts

Monday 7th October 2019 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, I feel I have heard some of those words before in many other Statements. To be clear, what the Urgent Question asked was when the Government intend to publish the full legal text of proposed changes to the withdrawal agreement and the political declaration. MPs will be asked to make a judgment on this and consider the Prime Minister’s offer. I am not going to call it a deal, because a deal to me is something that is agreed between two parties. At the moment, this is an offer from the Government which, as I understand it, has not found favour with anyone yet except the Government’s partners, the DUP. Unfortunately, they are not in the Chamber.

The Prime Minister’s language on this has changed. First, he said he would die in a ditch rather than ask for an extension beyond 31 October, then this was going to be a take-it-or-leave-it offer and now he talks about negotiations and having a basis for discussion. There are probably three things to ask here. First, there is the issue of confidentiality. My understanding is that both the President of the European Commission and the Irish Prime Minister have called for the legal text to be published. It is just the British Government who are saying that they do not want to publish it.

Secondly, in two different places, the Statement says that:

“Under no circumstances will the United Kingdom place infrastructure, checks or controls at the border”.


“At the border” is very specific. I have two questions for the Minister about that. Could the offer that is being made to the EU, which we do not know the details of, mean that the EU would need to put checks or infrastructure in place? Is the UK considering checks or infrastructure at locations other than the border? Those are very important questions, given how specific the Statement is.

People also want more information on employment, consumer and environmental rights—that is why seeing the detail of the legal text, rather than just brief Statements, is so important. Can the Minister confirm that we will maintain the levels of protection we have and keep pace with the EU in future?

My final point relates to the Northern Ireland Assembly and Executive having to consider the arrangements on the border every four years. Can the Minister give any examples of such arrangements being in place, or reference any treaty or agreement, in respect of which the parliament or assembly that has to make the decisions is not active? It seems an extraordinary way forward.

It would help the House if the Minister could respond to these questions. I struggle to understand why the legal text cannot be published to parliamentarians in this country so that we can see the detail of it.

[Lord Callanan]

I thank the noble Baroness for her questions. Of course, implicit in her first question was the fact that discussions are continuing; she was quite right about that. These are proposals from the United Kingdom, as she says. It appears that they may not have found favour with the EU, so talks will continue and the texts may change. She can rest assured that, as soon as we have any concrete proposals, we will bring them back to the House and we are considering whether they should be published before then. As soon as it is helpful to the negotiation process, we will indeed do that.

The noble Baroness asked whether the EU will put checks or infrastructure in place. I do not know. It is a question for the EU. How they choose to interpret their regulations is a matter for them. We very much hope not. We have said that we are prepared to work with them.

We have no plans for any infrastructure at the border, as I said. We have always said that there will have to be customs checks, but they can be done in traders’ premises and places such as haulage depots and others away from the border, similar to the way in which we conduct excise checks now. I remind the noble Baroness that there is already a VAT border, an excise border, a currency border. The excise regulations are currently enforced by both sides, by co-operative, pragmatic, low-profile, intelligence-led policing, in co-operation with the Irish authorities. We envisage something similar.

The issue of social and environmental protection goes back to a question that I answered last week from the Liberal Democrats. I remind the noble Baroness that we already exceed EU minimum standards in a whole range of areas—be it holiday pay, maternity protections, workers’ rights, et cetera, our standards are already higher than those mandated by EU minimum standards. That also applies to environmental standards; our climate change targets are higher than the whole of the rest of the European Union.

Lastly, on the noble Baroness’s question about the consent procedure, clearly, it is a challenge that the Northern Ireland Assembly is not sitting, and we are working hard to get it reinstated. We are prepared to discuss the details of these proposals but we believe that, when one is going to subject an area of the United Kingdom of Great Britain and Northern Ireland to control by an external body through alignment with EU single market standards, which we are proposing in a compromise for Northern Ireland, it is right that the people of that area should have the opportunity to give their consent or otherwise to those proposals.

[Baroness Smith of Basildon]

My Lords, by way of explanation, I said that the DUP were not represented here. I see that they have now taken their seats, and we look forward to hearing from them.

[Lord Wallace of Saltaire (LD)]

My Lords, I hope that the Minister understands that part of the reason for our demand to see the full text is that many of us neither trust the Government nor are convinced that they understand quite where they are going. In answer to my question last week, the Minister insisted, as he just has again, that the Government are aiming for higher standards than common European standards. Yet, since he gave that any answer, I have seen a number of briefings for the press from Ministers and sources in No. 10 which suggest that we want more flexible standards to be able to open up to a range of things, which suggests lower standards. It says here that we are not prepared to be a “rule-taker”. It also says that we want to renegotiate the political declaration so that we can have our own regulations.

When I was following Margaret Thatcher’s proposals for the single market in the early 1980s—the Minister is probably too young to remember that period—the argument which was made by those around Margaret Thatcher was that we were a rule-taker. We by and large took US regulations and taking part in creating European regulations would give us much more of a handle on questions such as how we coped with the internet, and what is now the whole digital economy, and we would therefore be able to take part in making our own regulations.

There seems to be a fantasy in the Government that we are not going to follow American regulations or European regulations but we will be a wonderful island with our own special regulations in this whole area, which will make it much more difficult to trade and produce services in collaboration with others. Is that the direction we are going in, or are we going back, as some Ministers seem to have suggested at the weekend, to following American regulations instead?