Brexit

Lord Callanan Excerpts

Saturday 19th October 2019 Lords Chamber

Moved by

[Baroness Evans of Bowes Park]

That for the purposes of section 1(1)(b) of the European Union (Withdrawal) (No. 2) Act 2019 and section 13(1)(c) of the European Union (Withdrawal) Act 2018, this House takes note of the negotiated withdrawal agreement titled “Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community” and the framework for the future relationship titled “Political Declaration setting out the framework for the future relationship between the European Union and the United Kingdom” that the United Kingdom has concluded with the European Union under Article 50(2) of the Treaty on European Union, as well as a “Declaration by Her Majesty’s Government of the United Kingdom of Great Britain and Northern Ireland concerning the operation of the ‘Democratic consent in Northern Ireland’ provision of the Protocol on Ireland/Northern Ireland”, copies of which three documents were laid before the House on Saturday 19 October.

--- Later in debate ---

[The Minister of State, Department for Exiting the European Union (Lord Callanan) (Con)]

My Lords, it is a great pleasure to close this historic debate on behalf of the Government. Before I get on with the main content, it is important to say that, as my noble friend Lord Lamont announced in his speech, the House of Commons has passed the Letwin amendment. Following the vote, the Prime Minister addressed the other place. For the benefit of noble Lords who may not have heard him, he said that the best thing for Britain and Europe is for us to leave with this new deal on 31 October. He went on to say that he will not negotiate a delay with the EU and neither does the law compel him to do so. The Prime Minister will tell the EU and member states exactly what he has told everyone for his 88 days as Prime Minister: further delay would be bad for this country, for the EU and for democracy. Next week, the Government will introduce the legislation needed for us to the leave the EU with our new deal on 31 October. The Prime Minister—

[Lord Reid of Cardowan]

My Lords—

[Lord Callanan]

I will complete my remarks, then I will take an intervention. The Prime Minister said that he hopes our European colleagues will reject delay and, if they do, that honourable Members will change their minds and support this new deal in overwhelming numbers.

[Lord Reid of Cardowan]

I am grateful to the Minister. I followed his words carefully. The Prime Minister has said that he will not “negotiate” a delay with the European Union. Can the Minister tell us whether the Prime Minister will send a letter requesting an extension, as he is obliged to do by law?

[Lord Callanan]

As I have said a number of times, to the boredom of noble Lords, we will of course abide by the law. The requirement—

[Lord Oates]

My Lords—

[Lord Callanan]

Can noble Lords have a little patience? I have not completed my remarks yet. We will comply with the requirements of Section 1(4) of the Benn Act to the letter. Does that answer the noble Lord’s question?

[Lord Oates]

Yes.

[Lord Callanan]

Okay. The number of Peers who have contributed to this debate, on a Saturday—

[Lord Pannick]

As to the letter, does the Minister mean that, by midnight, the Prime Minister will send the letter as listed in the Benn Act in the terms set out in the Schedule?

[Lord Callanan]

I mean what I said. I want to go no further than that.

[Noble Lords]

Oh!

[Lord Callanan]

The requirements of Section 1(4) of the Benn Act will be complied with to the letter. I am not going to take any more interventions from the noble Lord on this subject. I have addressed it many times. No matter how many times noble Lords ask me the same question, they will get the same reply, so I am not sure that there is much to be gained by carrying on.

[Baroness Hayter of Kentish Town]

Is the Minister going on to say what will happen in the Commons on Monday and whether the meaningful vote is due to be put there again on Monday?

[Lord Callanan]

It is a fast-moving situation. Seriously, I have been trying to conclude my remarks while listening to what noble Lords have been saying and trying to get updates on what is happening in another place as well. I believe that the leader of the House of Commons has addressed this matter but I do not want to say for certain. The noble Baroness, Lady Smith, is looking at her mobile and she might have more up-to-date information than I have.

[Baroness Hayter of Kentish Town]

We understand that it might be on Monday, but I think that the letter will therefore already have arrived in Brussels by the time the meaningful vote is taken on Monday.

[Lord Callanan]

I will take the noble Baroness’s word for that. I have not been updated on what has happened in another place. If noble Lords will permit me, I will go on to the main thrust of my remarks.

I reassure my noble friend Lord Bowness that all the legally required documents were laid in the paper office and that additional copies are available on GOV.UK. I hope that resolves his queries.

[Lord Bowness]

I am grateful to my noble friend for referring to that point but will he acknowledge that there are other documents to which I referred, which might well have been helpful and are in fact government papers?

[Lord Callanan]

I think it best if we have a conversation outside the Chamber on which different documents my noble friend is referring to.

For more than three years, this House has examined Brexit in great detail, as correctly observed by the noble and learned Lord, Lord Judge, in his excellent speech. I pay tribute to the work of noble Lords and the many committees of this House which have looked at the EU withdrawal process. I will do my best to address as many of the points raised today as possible.

The deal before us today is a deal which ensures that we take back control. Along with my noble friends Lord Baker and Lord Howard, and the noble Earl, Lord Listowel, I commend my right honourable friend the Prime Minister on securing it. This is a good deal. It ensures that we take back control of our laws, our borders, our money, farming and fishing policies and trade without disruption. It also provides the basis of a new relationship with the EU, based on free trade and friendly co-operation. I completely agree with my noble friends Lord Shinkwin, Lord Caithness, Lady Pidding and Lady Noakes that we now need certainty and no delay. As the good people of Northampton told my noble friend Lord Naseby, we should get on with it.

My noble friend Lady Harding was completely correct when she said that leadership is about making decisions and getting things done. As my noble friend Lord Mancroft also correctly highlighted, this is the deal that many said was not possible nor desired. Indeed, the noble Baroness, Lady Hayter, told us only last week,

“there is no desire for a deal. It is all a ruse”.—[Official Report, 08/10/19; col. 2009.]

Yet here we are with a deal, only 87 days after the Prime Minister took office.

Many noble Lords, including the noble Lords, Lord Newby, and my noble friend Lord Howell, spoke about what this deal means for the island of Ireland. The old deal was rejected because it tied us to a divisive and undemocratic backstop; indeed, in the many debates we have had I recall that many noble Lords’ criticisms of it centred precisely on those issues. That backstop, included in the previous Ireland-Northern Ireland protocol, kept the whole of the United Kingdom in a single customs territory with the EU. This would have required the UK to continue to align with EU tariff rates, therefore the UK would not have had a fully independent trade policy. This would have prevented us securing new trade deals with the rest of the world. The new deal abolishes the backstop entirely.

The provisions in the new protocol ensure that an open border is maintained on the island of Ireland and, most importantly, it upholds the Belfast agreement. Northern Ireland will have access to the single market but also be part of new UK trade deals, which we intend to negotiate around the world. Crucially, these arrangements will be dependent on the consent of those affected by it: the people of Northern Ireland themselves. In our view, this is essential to the acceptability of arrangements under which part of the UK accepts the rules of a different market.

[Lord Purvis of Tweed]

With regard to part of the United Kingdom now having to comply with rules made by a foreign entity, what representation will those people have over those rules?

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[Lord Callanan]

Of course they will not have direct representation, which is why we want to see that there is ongoing democratic consent to these arrangements from representatives of the people of Northern Ireland.

The noble Baroness, Lady Ludford, raised the issue of customs. Before I address her point, I am sure that noble Lords will want to join me in saying how good it is to see her back in her place. We will leave the EU customs union as one United Kingdom. The UK will be a single customs territory, with control over our independent trade policy. The new protocol also explicitly sets out that Northern Ireland is in the United Kingdom’s customs territory. The EU’s administrative customs procedures will apply in Northern Ireland, in order to make sure that goods destined for the EU comply with the correct process. No tariffs will be payable on goods moving from Great Britain to Northern Ireland unless those goods are at risk of moving on to the EU. The noble Baroness, Lady Ludford, asked me about compatibility under Section 55 of the Taxation (Cross-border Trade) Act 2018. Section 55 is not a barrier to the withdrawal agreement. The agreement is clear that Northern Ireland is, and will remain, part of the UK’s customs territory.

The noble Lord, Lord Liddle, raised the issue of regulatory alignment. The new protocol establishes a single regulatory zone on the island of Ireland. This involves Northern Ireland aligning with a limited number of specific EU regulations. The UK Government will always be committed to protecting Northern Ireland’s position in the UK’s internal market. The new protocol explicitly enables the United Kingdom to maintain the guarantee that businesses and farmers in Northern Ireland will continue to have unfettered access to the rest of the UK market—which is something I am sure noble Lords will welcome.

Looking ahead, we have also negotiated and agreed changes to the political declaration, as noted by many noble Lords, including the noble Lord, Lord Birt. This will provide a framework for an ambitious future relationship with the European Union. We have removed all references to the backstop from this political declaration while setting out our clear intention to pursue a future relationship with a comprehensive and balanced free trade agreement at its core, alongside agreements on security and wider areas of co-operation. It ensures that the United Kingdom will take control of its own regulatory affairs. Our commitments to the level playing field will be commensurate with the scope and depth of the future relationship. This will prevent unfair competitive advantages and uphold the current high standards in areas such as employment and environmental standards.

[Lord Liddle]

My Lords—

[Lord Callanan]

I think I am about to predict what the noble Lord is going to ask me, if he will just be patient.

A number of noble Lords, including the noble Lords, Lord Kerslake and Lord Foulkes, the noble Viscount, Lord Chandos, and the noble Baroness, Lady Smith, raised the issue of workers’ rights. The UK has a long and proud tradition of leading the way in workers’ rights, where we have always set a high standard. We recognise that Parliament wants to see these hard-won rights protected and not weakened by our departure from the EU, and we are happy to ensure that this is the case. Both the public and parliamentarians should be in no doubt that, as we leave the EU, we will maintain and increase these protections via both the withdrawal agreement and future legislation. As the Prime Minister set out in the other place earlier, we will bring forward measures to protect workers’ rights in the withdrawal agreement Bill. If I have not addressed the noble Lord’s point, I will take his intervention.

[Lord Liddle]

I am very grateful to the Minister for giving way. In addition to the point about workers’ rights, my intervention was to ask the Minister whether he will put in the Library a letter that explains to Members of this House, in very clear terms, the difference, in terms of the economy and free trade objectives, between Mrs May’s political declaration and the current one. As I pointed out, I think some of them will have a significant economic impact, and it is the duty of the Government to explain to Members of this House what those differences are.

[Lord Callanan]

I will certainly write to the noble Lord outlining the changes to the political declaration and place a copy in the Library for other Members.

We will also be working hard to secure trade deals with other international partners. Let me reassure the noble Lord, Lord Rooker, that while we explore these new trading opportunities, we will not dilute the standards for which British products are world renowned—and, as the Prime Minister has made clear on many occasions, nor will our NHS be on the table in those negotiations.

The political declaration also provides for a security relationship that will enable the UK and the EU jointly to combat the shared threats faced by our citizens, domestically and abroad. This revised deal further makes it clear that participation in defence co-operation will always be the sovereign choice of the United Kingdom.

Of course, this deal does not consist just of these changes. We are offering a deal that not only removes the anti-democratic backstop but, more broadly, maintains our strong commitment to citizens’ rights and to a transition period, which gives welcome stability to businesses both in the UK and the EU, and also lays the foundations for us to commence negotiations for an ambitious future relationship. Noble Lords will have noticed, I am sure, that Article 184 of the withdrawal agreement requires both sides to use best endeavours to get this legal text agreed and implemented by the end of 2020. Both sides are committed to making preparations for an immediate start to the formal negotiations and to approach these in good faith. Noble Lords should know—I think I outlined it last week—that we are preparing for these negotiations and we will work with Parliament as well as a wide range of partners, including, of course, in the devolved Administrations, to ensure a successful outcome that delivers in the interests of all parts of our United Kingdom.

The noble Earl, Lord Kinnoull, asked about the Government’s approach to the Joint Committee. I can confirm that it will be underpinned by full ministerial accountability to Parliament, and that the Government will continue to discuss with Parliament and its committees the appropriate ways to achieve this.

It is late on a Saturday afternoon and I will not seek to detain the House any further. We have heard many diverse views on the deal. I thank all noble Lords for their contributions. I also pay tribute to the House authorities, officials and my private office for making preparations so that we were all able to sit today. The deal that we have debated is one that will deliver the result of the 2016 referendum and ensure that we can leave the European Union on 31 October in an orderly and friendly way. The deal honours the territorial sovereignty of the United Kingdom; it ensures that the future of Northern Ireland will be decided by the people of Northern Ireland; it provides the foundations for an ambitious relationship with the EU founded on a comprehensive and balanced free trade arrangement; and it allows us to get Brexit done and leave the EU in two weeks’ time. In doing so, we can focus on the people’s priorities, so that the country can come together. I commend this deal to the House.

Motion agreed.