European Union (Withdrawal) Act 2018 (Exit Day) (Amendment) (No. 2) Regulations 2019

Debate between James Cleverly and Andrew Bridgen

Monday 20th May 2019 General Committees

[James Cleverly]

I am very conscious of the fact that many of the points raised by Members are included in my speech, and if I keep taking interventions I will not be able to get to them. I know that my hon. Friend will be frustrated with this, but I will plough on.

Major changes to the domestic statute book reflecting our exit from the EU are due to take effect on exit day, which at that point was defined as 11 pm on 12 April. Those changes apply across a huge number of policy areas and are designed so that our statute book works when we leave the EU. Once the further extension of article 50 was agreed, we needed to amend the dates to reflect the new point at which EU treaties would cease to apply to the UK, and ensure the correct functioning of our domestic statute book.

The consequences of not changing the definition of exit day would be serious, and would be of benefit to no one. We estimate that tens of thousands of amendments to our domestic legislation will be made in the light of EU exit. Those include changes that relate to the sharing of information, reporting requirements placed on businesses and public institutions, and the role of the European Commission in issuing licences and certificates—those examples are from across the statute book. It is clear that unless exit day is correctly defined, there will be significant confusion and uncertainty for businesses and individuals, including the risk that firms stop trading to avoid legal breaches and given their uncertainty about new customs, excise and VAT regimes that may kick in.

I have slightly lost track of which interventions were shot at me from the Government Benches, but I believe that my hon. Friend the Member for Wycombe asked whether we can confirm that the UK must agree an extension. [Interruption.] In fact, no; it was my right hon. Friend the Member for Rayleigh and Wickford. Any extension needs to be agreed in the UK. The agreement of this House was taken to the EU and expressed by the Prime Minister the last time around, on 11 April. Something similar would have to be done for any future extension.

The SI defines exit day as 31 October 2019, in line with the European Council’s decision, and therefore in line with international law. Hon. Members will be aware that the extension can be terminated before that point if the withdrawal agreement is ratified at an earlier date. Although this SI simply reflects the decision on article 50 in domestic law, it is the Government’s main priority to leave the European Union as soon as possible. The Prime Minister has made it clear that the UK should leave the EU in an orderly way and without undue delay.

[Andrew Bridgen (North West Leicestershire) (Con)]

Will the Minister concede to the Committee that, as part of the Prime Minister’s negotiations to get this extension to article 50, she gave further concessions to the European Union, some of which—but not exclusively—are that the withdrawal agreement cannot be re-opened before 31 October and that there will be no discussions about our future relationship before that date?

[James Cleverly]

The extension to article 50 did not come with conditions from the European Union.

Once we know the clear date and time when the withdrawal agreement is ratified, we will ensure that it is reflected in the statute book. In response to the point made by the hon. Member for Greenwich and Woolwich, should exit day change from 31 October 2019 in international law for any reason—for example, because the withdrawal agreement has been ratified—the Government will bring forward another SI to ensure that that change is reflected in our domestic statute book.

An extension to article 50 was not the Government’s desired outcome. There was an opportunity to leave on time and in an orderly fashion by voting for the Prime Minister’s withdrawal agreement. The House did not take that opportunity, and instead mandated that the Prime Minister should seek an extension, which she duly did. As soon as that extension was agreed by the European Council, it became binding in international law. However, the issue today is not the extension of article 50 itself, but whether our domestic statute book reflects the extension.

Without this SI, the status of our domestic statute book would be confusing and unclear, with the provisions of UK and EU laws clashing. The Government will soon bring the withdrawal agreement Bill to the House, so that the UK can leave the EU in good order and as soon as possible. I therefore hope that the Committee agrees that this extension, and this SI, were essential.