European Union (Withdrawal) Bill

Debate between Keir Starmer and Heidi Allen

Wednesday 13th June 2018 Commons Chamber

[Keir Starmer]

I am going to press on, if the hon. Gentleman does not mind. I will take other interventions later.

I realise that all sorts of fanciful promises about new customs arrangements were made during the referendum and have been made since, but we have a duty to protect our economy, jobs and the manufacturing sector across the UK. That is at the heart of today’s debate. The only way to uphold that duty is to negotiate a customs union with the EU.

There is, of course, another important aspect. In December last year, our Government made a solemn promise in the phase 1 agreement: no hard border in Northern Ireland. And that was spelt out—no infrastructure, no checks and no controls. Now, in all the to-ing and fro-ing yesterday, what may have been missed is that one amendment that went through, without any dissent from the Opposition, was a Government amendment to Lords amendment 25 for that obligation to be legally binding in UK law. That is a very significant amendment; after the political commitment in December to no hard border, no infrastructure, no checks and no controls, we now have a binding law to that effect. This goes to the issue of maximum facilitation, because if maximum facilitation does involve infrastructure, checks or controls, it would be unlawful under the provision passed yesterday. Therefore, it cannot happen.

[Heidi Allen (South Cambridgeshire) (Con)]

The right hon. and learned Gentleman is right. We did not get to debate that amendment because we ran out of time yesterday, but it is huge. It means that, logically, we will have to come to a customs union agreement, partnership—[Interruption]—I’ll do that. I do not care what we call it, but that is what we will need to avoid any border at all in Northern Ireland. It is great progress.

[Keir Starmer]

It is a significant amendment, and it was also a significant amendment in the Lords. Even as amended—taking it back to being closer to the wording of the phase 1 agreement—the amendment is still a very significant measure.