(6 years ago)
Commons ChamberAs a responsible Government, we will do whatever it takes to ensure that cross-channel trade continues to move as freely as possible, and we have a range of contingency plans in place just in case. Our top priority is ensuring that traffic and goods keep moving, which is why we have been speaking directly to industry across the medical supply chain, from pharmaceutical trade bodies to storage providers, so that consumers continue and will continue to get medicines in the same way as they do now in the event of there being no deal.
We had discussions on alternative arrangements to avoid the need for the backstop to come into effect, and that is why the political declaration includes a specific commitment to consider how facilitative arrangements and technologies could be used to develop such alternative arrangements to avoid a hard border in the island of Ireland. To ensure that those are developed quickly, the forward process section sets out how preparatory work should begin before we leave, enabling rapid progress after our withdrawal.
I congratulate my hon. Friend the Member for Spelthorne (Kwasi Kwarteng) and the Secretary of State on their new positions on the Front Bench. They will do their job admirably. The truth of the matter is that existing techniques currently used in the EU can be applied to all EU borders. Will my hon. Friend update the House on those technologies and how they can be properly applied?
My right hon. Friend makes an interesting point. It is an argument that we have made a number of times earlier in the process. There are techniques that can be explored. I think it is fair to say that discussions have further to go on this front to ensure that both parties are agreed on how we implement those. That is what we will want to take forward very rapidly under the political declaration.
(6 years, 3 months ago)
Commons ChamberIt is worrying that free movement into the rest of the United Kingdom has continued strongly during the Brexit debate but has fallen in Scotland. That prompts us to ask what it is about the Scottish economy and the Scottish Government that is putting people off coming to work in Scotland. It is deeply worrying that people are not moving from the south, from other countries, to work in our NHS. We are still bereft of doctors. But I will not go into that further, because to do so would diverge substantially from the subject that we are discussing.
An FTA would mean customs declarations, but let me respond to the issue raised earlier by the hon. Gentleman. The British people did vote to leave the customs union, and they did vote to leave the single market. They did that in the full understanding that it was in exchange for the return of sovereignty and self-government, and a proven free trade agreement would respect that.
We must remember that other countries that do not have FTAs do more exporting to the EU than we do. Only 12% of the UK economy and 5% of UK businesses even trade with the EU; 60% of our trade is with the rest of the world, and most of the world’s fifth largest economy—ours—is domestic. The reality is that even the EU single market for services barely exists. The European Commission’s 2014 single market integration report shows that trade integration stands at only 5% for services, compared with 22% for goods.
When the transition period begins, we will have 18 months in which to negotiate the details of an FTA or CETA-style deal. That will be mostly in the area of services, and financial services in particular. TTIP contained advanced provisions for services: the framework is there. We have an opportunity to cut and paste what already exists. As the Minister said, the purpose of the transition period is to provide certainty and consistency, and that is what my constituents in Gordon and businesses in the north-east of Scotland want to see.
There has been much talk of a second referendum. I think that it would take Parliament eight or nine months to legislate for that, and would it not just mean a further negative in terms of inward investment and confidence in the British economy? Would it not be the worst possible outcome of all those that are being discussed?
I could not agree more. The last thing that the country needs is more doubt about its politicians. The same applies to the referendum in Scotland. The people vote and trust us to represent them in a democratic system, and that is what we are here to do. We are here to make the difficult decisions, and we must be brave enough to do that.
Non-trade agreements can be made for aviation, customs and security. They can cover non-trade items such as Horizon 2020, Erasmus, or the European Aviation Safety Agency. North sea helicopter operators are a subject close to my heart, because the airport from which they fly is in my constituency. EASA needs associate access. The Government have already proposed that, but it requires an agreement, not a no deal.
A CETA-style FTA is not backward looking. It could free the UK to do its own free trade deals throughout the world. As has been said, 90% of growth over the next 10 to 15 years will be outside the European Union, and the Minister recognised that. We can build on those 65 bilateral deals the UK supported in the EU.
No deal is not an alternative; an internationally-tested FTA would be. It is said that the EU has never signed an FTA containing significant liberalisation in financial services, but the point is that it has; it has had deviations in the past, and therefore we should be ambitious about having them in the future.
(6 years, 5 months ago)
Commons ChamberI will not give way.
Tomorrow I will be in Brussels to meet my counterpart, Michel Barnier, to discuss the details of the White Paper and to take stock of the negotiations. The UK will extend the arm of friendship in a spirit of optimism and good will, backed by an ambitious and innovative plan that respects the position, interests and concerns of the EU. I certainly hope that that ambition and good will will be reciprocated.
I also welcome my right hon. Friend to his place. When he meets Mr Barnier for the first time tomorrow, will he ask him, as evidence of that good will as the pace of the negotiations starts to increase, whether he will look again at the exclusion of Britain from some parts of the Galileo project and also address why the Department for International Development is being excluded from some projects that it co-funds with the EU?
I will certainly consider all those areas not only in detail, but in terms of the strategic overview and the state of play of the negotiations as a whole. As I said, I hope that the ambition and good will reflected in the White Paper will be reciprocated.
Equally, it is the duty of any responsible Government to prepare for every eventuality, including the unlikely scenario that we reach March 2019 without agreeing a deal. It is essential that plans are in place to mitigate risks and ensure stability whatever the outcome of the negotiations. The Government have been working on nearly 300 no-deal plans for almost two years, and some of them are already in the public domain. Last month, we passed the Nuclear Safeguards Act 2018, which provides the legal basis for developing our own regulatory system in that vital area. We have also been taking other practical action to ensure that the infrastructure is in place. For example, we have recruited 300 extra border staff, and a further drive to create another 1,000 was launched earlier this year.
Many of our no deal preparations have so far been developed internally and through targeted engagement with relevant parties. However, more of the preparations will now become public, and I can tell the House that the Government will release a series of technical notices over August and September to set out what UK businesses and citizens will need to do in the event of a no-deal scenario, thereby making the public more aware of our preparations. That due diligence is designed to provide reassurance. In reality, such planning cannot properly be done without some public-facing engagement.
I would expect everyone in Scotland to respect the result of the Scottish general election in 2016, which returned a majority of MSPs who supported independence and a Government with a mandate that said that if Westminster did to Scotland exactly as it is doing now, it would be grounds to give the people of Scotland a chance to control their own fate.
On a point of order, Madam Deputy Speaker. We have very little time for this important debate, and I suspect that at any stage you might limit our speeches, yet the debate seems to be turning into an internal, navel-gazing exercise by the SNP about what it has and has not achieved at Holyrood. Can we get back to the subject of the debate, which is the future relationship between the UK and the EU?
I understand the right hon. Gentleman’s point, but the hon. Member for Glenrothes (Peter Grant) is setting out the context of his remarks. What he says is, of course, not a matter for me, but if he exceeds the parameters of the debate, I will stop him and insist that he stay within them. At the moment, I think that he is erring a little but will soon come back to the main purpose of the debate. I am also certain that he, appreciating that a lot of people wish to speak and that his speech is not time limited, will not take an awful lot longer.
My hon. Friend makes a wise and sensible point.
I have just set out the first option. The alternative option, I believe, is no deal, and I fear it is as simple as that. If there is no deal, I am sure we will survive and all will be fine in 10 years’ time, but it will not be fine at the outset. No deal—at least at first—will threaten our levels of growth and risk the living standards and prospects of those we are sent here to represent. It risks endangering the opportunities we want to see for our constituents, not least the younger ones leaving education and entering the world of work. And it will be this Administration who will be blamed: whether people voted leave or remain, the Conservative party owns this process and will be held to account for no deal. In any event, the Government need now to increase massively their planning for this eventuality and, in my submission, to report to Parliament in detail on it when we return in the autumn.
I have one final point to make. There are those who, with great eloquence, advance the case for a second referendum, but I have come to the conclusion that while it is just possible that Parliament might wish to seek public endorsement of the deal itself, it is most unlikely. That is because if we held another referendum with a different result, why not have the best of three? We see ourselves as a serious country, we have settled the matter in a significant referendum, and for better or worse we are leaving.
Could not my right hon. Friend cite as an example what happened over the Lisbon treaty and the Republic of Ireland, when its voters were invited to have a second referendum, but not until the EU had made it worth their while to vote in a different way? Does my right hon. Friend fear that that could happen here if we had a second referendum, and be very divisive?
For the reasons I have set out, I think another referendum would be profoundly divisive, and actually it might not advance agreement in our country and bring people back together again.
The Government must now use the summer to advance the case that they all agreed at Chequers and move towards some specific agreement with the EU. It will then be for the Government to propose, but for this House to dispose.
We can all quibble about how this whole process has been handled, from the perhaps premature triggering of article 50 through to the backstop arrangements and how much we will pay the EU. Indeed, some of us have continuing concerns about the continuing reach of the European Court of Justice—
Order. My apologies, I should have formally announced the five-minute limit.
Thank you, Mr Speaker.
We are where we are, and this White Paper is the first time, in all fairness, that those with whom we seek to negotiate will have some idea of what we seek to negotiate. That is important in itself. We need to learn the art of compromise. We did not get a clear indication one way or the other either in this House or in the country, and we should now compromise and do what is it the best interests of the British people. It seems to me that this is the best we have so far.
The most important thing to me is business certainty. This country has had an extraordinary record of inward investment, and that is a climate that we have unfortunately begun to damage through all these deliberations over where we are now heading. We have heard perhaps too much from the big businesses and multinationals, all of whom employ huge organisations or have people to represent them, such as the CBI. We heard very little from small businesses. Those are the businesses of our constituents. This is often forgotten, but there are only 2,000 plcs in this country; 0.3% of UK business, employing 2.6 million people and providing 8% of the workforce. There are 4.8 million family-run businesses in this country, and they make up 87% of all UK private sector businesses —5% are manufacturing firms, and 19% are construction firms. They employ 12.2 million people, 38% of the 32.2 million UK workers. That is 46.5 % of UK private sector employment in these smaller, often family-run companies. They generated £149 billion in tax in 2016. These are the companies that we seek to protect. These are the companies that need to grow. These are the companies we need to enshrine in a framework with the EU that ensures they can continue to prosper. They are the lifeline of the economy and the lifeblood of our constituencies.
I shall end soon, Mr Speaker, but let me just say that those who seek a second referendum basically want to introduce a new range of questions and to overturn what the British people decided the first time. We saw second referendums in Denmark on Maastricht and in Ireland on the Nice treaty. In 2008, the first time that Ireland was invited to reflect on the Lisbon treaty, 53.4 % rejected it, versus 46.6%. Lo and behold, a year later, after negotiations with the EU, the Irish people were invited to vote again and voted in favour. You know what? They were told at the time that they did not understand the question. They were told that it was too complicated for the people—the same accusations that people make in a very condescending way against those people who voted to leave. I voted to remain, but the difference is that I abide by the wishes of the British people—I do not question them, as the right hon. Member for Carshalton and Wallington (Tom Brake) did—and that is what the rest of the House should now do.
(7 years ago)
Commons ChamberI speak in support of the amendments to clause 7 in the names of my right hon. Friend the Member for Ross, Skye and Lochaber (Ian Blackford) and other hon. Members. As my hon. Friend the Member for Edinburgh East (Tommy Sheppard) has already mentioned, they are amendments 264, 222, 73, 233, 234, 239, 240, 266, 269, 272 and 161. They are important because they go to the heart of the debate on democracy—whether so much power in so many important areas should be exercised by Ministers without substantial oversight by Parliament. I have not been reassured by the Minister’s lengthy response.
Particular importance has to attach to protecting the rights of consumers and of workers, and I was disappointed at the Minister’s rejection of the amendments we suggested. We have heard some rumblings from Government Back Benchers and fellow travellers that leaving the EU is an opportunity to strip away protections from workers, consumers and the environment, and to cut supposed “red tape” from manufacturers and producers. The hon. Member for Wakefield (Mary Creagh) reminded us of the previous views of the Secretary of State for Environment, Food and Rural Affairs on this. The Foreign Secretary has also been one of these siren voices in the past, and the Brexit Secretary wrote an article during the EU referendum in which he said:
“The continental response to competition is, rather than trying to compete, to make sure that regulation tilts the playing field in their favour.”
He also said that:
“while the single market may seem like a good idea, in reality it has distorted market incentives, reduced competition and burdened European economies with unnecessary regulations.”
So there are people at the very heart of the UK Government who seriously believe that regulations designed to keep us safe and to prevent us from being ripped off, and regulations to ensure that the environment gets a break and that workers get paid and protected properly, are bad things. There are Cabinet Secretaries of the opinion that these things were invented by European bureaucrats as a weapon against UK productivity—that truly is health and safety gone mad.
I mention the current Government members to make it clear that there is a clear and identifiable danger to our continued safety, to the standards we expect in goods and the services we buy, and to the rights that workers enjoy—and it occupies Whitehall today.
As has been said by other Members, the extent of the power aggregation is such that it would leave Ministers, in effect, changing primary legislation by fiat. This is a coup, a very Tory coup, that is seizing power from this place—the power to create and amend legislation—and centralising it in the hands of a few who would have nothing to do with these protections and who would claim that we did well enough without them before.
Does the hon. Lady believe that the British electorate were better protected when these powers resided in Brussels, as they indeed still do? Does she think the people making these decisions in Brussels were more accountable than Ministers will be in this House after we leave?
This is exactly the point, is it not? Under this form of legislation Ministers will not be as accountable to this House. I am also of the view that environmental legislation, for example, has been well served by the European Parliament, so I have to disagree with the right hon. Gentleman.
Parliamentary scrutiny would be severely limited by the form of statutory instrument being proposed, but the sheer volume of secondary legislation that is likely to be washing through the system will render effective parliamentary scrutiny almost impossible. We need checks and balances inserted into the system to ensure that there is not legislation made in haste for which we all repent at leisure. I welcome the fact that at least a sifting committee has been accepted by the Government, but it does not go far enough. It would be a sensible argument for this secondary legislation, where it is necessary, to be subject to the super-affirmative procedure. I would like to hear from Ministers why that has not been considered or, if it has, why it has been rejected. Such an approach would not solve the problem, but it would, at least, nod in the direction of solving it.
We also have to recognise that other Administrations have a substantial interest in these decisions, and a degree of co-operation and respect is required. Therefore, “taking back control” has to have an element of that good, old-fashioned, EU principle of subsidiarity. Decisions that have large impacts on the devolved Administrations should be co-decisions. That is why the Joint Ministerial Committee should be involved in making them; it is why there should be proper consultation across the Administrations before changes are made to social security provisions; and it is why there should be consent from the Welsh and Scottish Administrations for any changes to the law that affect provisions within devolved competences.
We have heard the opinions of parliamentary Committees and of outside bodies. I know that experts are not viewed particularly favourably on the Government Benches, but they do have an important role to play, and many experts, including the Law Society of Scotland and the Equality and Human Rights Commission, have expressed serious concerns. Those concerns should be heeded in this place and heard by Ministers. It is clear that the furious Brexiteers who drove on when sensible voices were urging caution have ignored this advice:
“Heat not a furnace for your foe so hot
That it do singe yourself.”
(7 years ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
We have talked at great length about what we mean by regulatory alignment—I have just done so today. It is not harmonisation, being in the single market, or having exactly the same rules; it is this House exercising its democratic right to choose our own laws in such a way as to maximise our ability to sell abroad. That is how it will work.
Is it worth gently reminding the Taoiseach and the Government in Dublin how we behaved when they were in financial trouble and we helped bail them out? Is it also worth gently reminding them that, post Brexit, Irish nationals will continue to have the right to live and work in the UK? Finally, is it not worth gently reminding them that the UK is the most important economy to the Republic of Ireland? We wish to be good and productive neighbours, and they should enter into these negotiations with that long-term view in mind.
I am sure that the Irish Government are conscious of all those things, but let me pick one point that my right hon. Friend made. When I last reported to this House—on 17 November, I think—I reiterated that the common travel area, which allows absolute freedom of movement between the two countries and absolute equality of treatment between our citizens, will remain in place, as will the constitutional protections allowing people from Northern Ireland to choose which nationality they wish to adhere to. We are protecting those rights very carefully.
(7 years, 10 months ago)
Commons ChamberI will not give way and will make a little progress, if that is okay.
The Supreme Court was right to make it clear that Parliament should exert democratic influence over Brexit. That influence should be felt at the start, throughout and, most importantly, at the end of the formal process of leaving the EU. In practice, the Opposition believe that there must be three distinct pillars of parliamentary scrutiny and accountability: first, the provision of a detailed plan published prior to the start of negotiations that can inform future debates and votes, and that can be used throughout as a point of reference; secondly, a means of ensuring robust parliamentary oversight throughout the formal negotiation period; and thirdly, a meaningful debate and vote in Parliament on the proposed deal before it is signed off with the European Council and Parliament.
Does the hon. Gentleman really think that in a negotiation that could take many months and which will be extraordinarily complicated it would be in the best interests of the UK to have to reveal its hand every two months?
I want to make it clear that we are not asking the Government to reveal the minutiae of the negotiations or to micromanage the process, and I will say more about that further on in my remarks.
Under pressure, the Government conceded the first of those requests in the form of the White Paper published on Thursday, and my hon. and learned Friend the Member for Holborn and St Pancras (Keir Starmer) will seek to win agreement to the third tomorrow, when he moves new clause 1. The purpose of new clause 3 is to secure the second of those pillars and, in so doing, ensure an enhanced role for hon. Members throughout the process. The Government should welcome an enhanced role for Parliament throughout the negotiations for two reasons.
One of the flaws in the hon. Gentleman’s suggestion is that all the matters to which he refers are forecasts, estimates or guesses. A number of estimates and forecasts were made by both sides of the argument—leave and remain—before the referendum. I am not an expert on these matters, but it seems that not all of those forecasts and assessments have panned out exactly as people thought they would, so I really do not know why producing large documents full of equally erroneous forecasts would be helpful.
Has not this exchange demonstrated the foolhardiness of revealing our hand at this stage, given the fact that we cannot officially strike any kind of bilateral trade deal until we leave the EU? We must avoid talking our country down when every trade deal and every relationship we have—yes, even with the United States—will be of paramount importance. We should also do everything to resist the temptation to insult anyone from those countries who might be coming here.
I could not agree more with my right hon. Friend. That demonstrates the expertise that he acquired when he was a Foreign Office Minister.
Moving on to number three of my five points, new clause 56 refers to our withdrawal from the EEA and tries to make that into a separate argument. We are a member of the EEA as a result of being a member of the EU. Given that the EEA agreement talks about the free movement of goods and persons and means that we are susceptible to the jurisdiction of the European Court of Justice, if we were to remain within the EEA, we would in the view of most members of the public effectively not have left the EU at all—the things that they were concerned about would still be in force. Indeed, things would have got worse because we would have no ability to influence—[Interruption.]
The hon. Gentleman is absolutely right. There was plenty of other such evidence that came before us on the Joint Committee on Human Rights, of which he is a very valued member. This ongoing uncertainty around the status of EU residents here is allowing greater exploitation of vulnerable EU workers. Last week, appearing before the Joint Committee on Human Rights, Margaret Beels, chair of the Gangmasters Licensing Authority, said that she is receiving evidence that gangmasters are telling fearful EU workers that they cannot complain about not being paid or about being subjected to unsafe conditions because if they do they will be deported as they no longer have the right to be here. We are not whipping up fears, but understanding fears and seeking to address them. It is no good, I am afraid, issuing warm words; people need certainty. They work in every part of our private sector. They contribute to our creative industries; they are artists and musicians. They work in our public services. Anyone who has been in hospital recently will very likely have awoken to find a Spanish or a Portuguese nurse at their bedside. If anyone has an older relative in a care home, they are likely to see them being cared for by someone from eastern Europe.
I have considerable sympathy with the point that the right hon. and learned Lady is making. We disagree on the fundamental point, which is that we should not do something unilateral here in the United Kingdom before we have agreement on our own residents in Spain and France and elsewhere, because we will potentially be undermining their position. No doubt they will be feeling the sense of vulnerability that she has just articulated about those living here.
I have enormous sympathy with that. In point of fact, the Secretary of State for Brexit gave evidence in the House of Lords, where, as I understand it, he made it abundantly clear that any document that would be made available to the European Parliament and its committees would, indeed, be made available to this House. To that extent, I agree with the hon. Member for Eltham (Clive Efford), but I believe such a measure to be unnecessary because an undertaking has already been given by the Secretary of State.
New clause 3(c) would
“make arrangements for Parliamentary scrutiny of confidential documents.”
Given my hon. Friend’s wide experience, for how long does he think the contents of those documents would remain confidential if they were made available for wide parliamentary scrutiny?
Well, they certainly would not. That is really the purpose of the limité restriction. Although I have reservations about the restriction in certain cases, I can think of a number of instances in which it is absolutely vital that the documents remain confidential. If there were any breach of that confidentiality —there would have to be an undertaking by the Prime Minister that she would release it—it could gum up the works to such an extent on matters of intelligence, security and all sorts of things that we would actually end up not receiving any limité documents at all.
With great respect, the hon. Member for Greenwich and Woolwich (Matthew Pennycook), who led from the Opposition Front Bench, may or may not have been dealing with these matters for some time, and I will not criticise him for that—[Interruption.] No, this is a perfectly fair point. All I am saying is that, in drafting this, if we end up with something that does not work and we have to comply with new clause 3(a), (b) and (c) to make it work, as my right hon. Friend the Member for West Dorset said, we would end up in the courts—and there would be a judicial review, believe me. It naturally follows that the new clause is simply nonsense, so it cannot be brought into effect. That is all I need to say about it.
The former Chief Whip makes a very good point. It is not a point of order for the Chair, but one that I would expect a former Chief Whip to make.
Let me set the mind of the right hon. and learned Member for Rushcliffe (Mr Clarke) at rest on two points. First, although there are in excess of 50 amendments and new clauses, some of them address the same points as others, so we are not addressing more than 50 separate points of debate. The other point that I draw to his attention is that the House voted for and supported the programme motion, and that is not a matter for me. I am sure that I can now rely on Sir Hugo Swire to address the Committee briefly and pertinently.
I shall seek not to detain the Committee for too long so as not to repeat many of the arguments that hon. Friends and colleagues have made and will no doubt make again and again throughout this evening.
I wish to talk about the two new clauses that have dominated proceedings to date, one rather less emotional than the other. The unemotional one, I would submit, is new clause 3. We have talked about parliamentary oversight of the negotiations and heard the word “scrutiny” bandied around across the Chamber. I sometimes get the impression that some in this Chamber would seek to scrutinise every single line, cross every “t” and dot every “i” of the Government’s negotiating position. It would be interesting to conduct a straw poll as to how many Members in this Committee have ever taken part in a proper negotiation—a commercial negotiation—that requires, at times, one to keep one’s cards close to hand before declaring them. It is impossible, irresponsible and unthinkable to have to negotiate this in public, and particularly so to insert clauses such that anything discussed must be reported back to this House at intervals of
“no more than two months”—
eight weeks—each and every time. The new clause does not say what Parliament might then do if it does not like what the Government are reporting back. Do Members want a vote on it? We have heard about the possibility of legal involvement—judicial review. This is wholly unrealistic and undesirable.
I entirely agree that we need to sort this out very early on. Indeed, our right hon. Friend the Prime Minister said precisely that only a short while ago. Does my right hon. Friend the Member for East Devon (Sir Hugo Swire) agree that part of the issue is the unwillingness of some of our interlocutors to engage in meaningful discussion prior to the triggering of article 50? This is surely a matter that can be dealt with early on, but that requires them to engage immediately and not to delay until the triggering of article 50.
I do agree, because this cuts both ways. It is cheap politicking to talk about bargaining chips—I do not think anyone is considering that—but this does require an early resolution. I was heartened when my right hon. Friend the Prime Minister said earlier today that she intended to address it early on, but it has to be a negotiation between the other countries of the EU and us. It is just as important to us, as British parliamentarians—as the British Government—to defend the rights of British citizens living overseas. There are a lot of them, and not all of them are particularly contributing to the society they are in. A lot of them are retired, so they are even more vulnerable, in a sense, than many of the EU workers who are here actively working. It is the first duty of this House to look after British citizens, wherever they may be, while also being aware that we have a duty to EU nationals at the same time.
It would be completely wrong in terms of our negotiating position to declare unilaterally that all EU nationals can, up to a certain date, continue to live here without fear or favour. That would be unwise until such time as we can extract a similar agreement from the other countries of the EU where British nationals have lived, sometimes for very many years.
I am delighted to hear my right hon. Friend agree in ringing tones with what everybody has said so far, namely that absolutely nobody in this House wishes to cast any doubt on the right of EU nationals to continue living lawfully here if they are lawfully here now. Apparently, the only reason for his holding back—despite the fact that he entirely shares the sentiments of Opposition Members—is that he fears that if we declare that a Pole who has been living here for years can stay here, we will have thrown away our card and British nationals will be expelled by the Government of some unknown country. I have heard nobody suggest that any such country exists.
We have a pedantic problem of whether we can raise the matter before the process has started. If we just cleared the position of our EU nationals now, it would put the utmost pressure on every other country to clarify the thing as well. No one is going to take any reprisals against our British nationals.
I hope my right hon. and learned Friend is right. He has not always been right about everything, although he has been right about quite a lot. He and I were on the same side of the debate, and I know that he regrets, as I do, the fact that in all the discussions about migration and immigration during the campaign, some rather irresponsible points were made repeatedly about who would be able to come here from the Commonwealth, when there was absolutely no suggestion that that was behind anyone’s thinking. However, I fundamentally disagree with him in that I do not think that we should do anything unilateral before we get an agreement about the rights of British nationals living in the rest of the EU.
Does my right hon. Friend share my view that if the matter is as simple as some make out—if it is just a question of us making a simple declaration—why have the other 27 countries of the European Union not said that our citizens who are living overseas will be fine, and that there will be no repercussions for them? The fact that those countries will not make that commitment says something, does it not?
It may do, or it may not. As my right hon. and learned Friend the Member for Rushcliffe (Mr Clarke) has said, there is no evidence to suggest that a single country would not behave in a good way. But there is absolutely no evidence that they will all behave in a good way; we simply do not know, because we have not yet had that conversation. Until we have had that debate and secured an agreement that similar rights will be granted to British citizens living in other EU countries, we should not move to allow every single EU national who lives here to continue doing so.
If the cynics among us genuinely believe that there could be countries out there that are not prepared to do this, should we not now, more than ever, lead by example?
I do not know whether my hon. Friend was here earlier when the Prime Minister was asked about the matter. The Prime Minister gave a very strong suggestion that securing such a deal was at the top of her negotiating priorities. At the end of the day, it is an agreement—it is a deal—and it has to be negotiated. I do not think that we would be right unilaterally to declare anything.
Does the right hon. Gentleman not think that a unilateral declaration would undo some of the damage that was done by the “list of foreign workers” stuff that came out of the Tory conference in Birmingham? That shocked a lot of our European partners and hardened their views against us. Surely a unilateral declaration might help.
I agree with the hon. Lady that language and sensitivity are incredibly important. We are dealing with families, and with people who are married to EU citizens. We are dealing with people who live here and who do not know whether they have a future here. That is why we have to resolve the matter very early on. I have considerable sympathy, as I have said, with many people who have spoken about the contribution that EU nationals make. I very much hope that we can reach an agreement that will satisfy all who are here but, equally, I think that our first duty is to look after our citizens abroad.
The right hon. Gentleman has talked about the issues faced by British citizens whose partners are EU nationals, but does he agree that we are also talking about children? I have seen children in my constituency raise real concerns about whether they will be able to study in the same school, and about where their future will be. They do not know the country that their parents came from, and they are British in every sense of the word. This is causing huge uncertainty. We can tackle this, and we can do it this week.
We can all cite examples from our surgeries of individual cases, but I am not sure that to do so contributes to the greater argument. We need to get a policy in place that covers the whole thing. That can only be achieved by the Prime Minister making it a priority, as she has suggested she will, and getting an agreement from the other member states that involves the reciprocity we need for our British people living abroad.
My right hon. Friend is absolutely right to be concerned about the fate of British citizens living in the European Union, but I agree with others who have said that, surely, a goodwill gesture would be a really positive thing for this Government to make. Two of my constituents are a married couple who have been living together in this country for 30 years, and I consider the wife to be as British as anybody else. We should make it absolutely clear that it is inconceivable that this couple should be separated, and that their children should be left with separated parents.
Indeed, and no doubt there are similar examples of British people in not-dissimilar situations in Spain, France and elsewhere. We need to ensure that their rights are recognised as well.
I am not going to continue in this vein, because others wish to contribute. I have made my point. I have sympathy with the view that EU nationals contribute a lot to the economy. I hope that there is an early agreement that allows them to stay and to continue to work here. Equally, any such agreement, to my way of thinking, has to be part of a wider agreement that assures the future of British nationals living in other EU countries.
I rise to support new clauses 3 and 57. I commend my hon. Friend the Member for Greenwich and Woolwich (Matthew Pennycook) and my right hon. and learned Friend the Member for Camberwell and Peckham (Ms Harman) for their speeches. The one thing I would add to the forceful case made by my right hon. and learned Friend is this: when the Exiting the European Union Committee took evidence from representatives of Brits living abroad, one might have expected them to make the argument that has just been advanced, but they said the opposite. They said that Britain should give a unilateral commitment now, because they felt that doing so would ease the process of negotiation.
I think the Government might be scared of the debate. It also reflects their lack of awareness of the issues. The Government have not thought this through but instead are confronting issues as they bubble up, at a fairly random level, while giving a veneer of control—“We must not show our cards”, “I cannot give a running commentary”. Ministers use these phrases, but behind the curtain they are panicking and their feet are moving rapidly, because they do not have a clue.
By logical extension, the hon. Gentleman wants to unpick almost every single part of EU policy, legislation and co-operation with the UK, bring it to the House and get the Government to set out what they want to do about them. How long does he think it would take to dissociate ourselves from the EU if we were to take that line—two years or 20 years?
It would take more than the three days that the right hon. Gentleman and his hon. Friends have given us to debate these questions. We are leaving the EU—that is what the Bill is for. He and his hon. Friends might be happy to trust the Prime Minister entirely, but Parliament is sovereign. The Supreme Court gave us this duty and said that we should do our due diligence, but the time constraints will prevent us from doing so.
I wish to raise a couple of other law enforcement issues. The big one, in new clause 177, concerns the Government’s policy on the European arrest warrant. The EAW, of course, is there to make sure we can transfer criminal suspects or sentenced persons from other countries and put them on trial here, and vice versa. The UK has extradited more than 8,000 individuals accused or convicted of criminal offences to the rest of the EU. I think of the case of Hussain Osman, found guilty of the Shepherd’s Bush tube bombing in July 2005, captured in Rome, extradited under the EAW and sentenced to 40 years. In 2014, the Prime Minister herself said that ditching the EAW would turn Britain into
“a honeypot for all of Europe’s criminals on the run from justice”.
From the Prime Minister’s own mouth! What will be our attitude towards the current level of participation? Will we want to continue with the EAW? There is nothing in the White Paper about it.
I will give way, but only because I cannot find my place in my speech. This is the last intervention I will take.
I am delighted to be able to afford the hon. Lady time to find her place. Should she not think about disaggregating the Administrations of Scotland, Wales and Northern Ireland in these discussions, because they are all different, particularly Scotland? Perhaps it is time, if we are genuinely to trust the Scottish National party Government in Edinburgh, for them to revisit their claim during the Brexit campaign that Scotland could somehow remain part of the EU outside the United Kingdom or have fast-track access to EU membership. That was one of the most shameful myths peddled by any party in the House.
I am afraid that the right hon. Gentleman is going to have to put his misgivings about the Scottish National party to one side and focus on the people of Scotland, because it is their voices that we must ensure are heard in all this. This is going to require genuine commitment and goodwill. I can see that the right hon. Gentleman is going to find that difficult. I only hope that the Minister does not find it quite so difficult. I am sure that he already appreciates where the First Ministers will be coming from, but he needs to commit, through these new clauses and perhaps by bringing forth his own amendments as the Bill progresses, to embedding the role of the devolved Assemblies within the process. This has already been proved by the First Minister of Wales and the leader of the Welsh nationalists, who, writing together, said:
“The challenge we all face now is ensuring that as we prepare to leave the EU we secure the best possible deal for Wales. Together, we intend to rise to that challenge.”
If they can put party political differences aside and work together for the benefit of Wales, surely the Government can step up to the same challenge by accepting these new clauses and amendments. That is the right way to strengthen, and not weaken, our Union, as the Prime Minister herself says she wishes to do.
My right hon. Friend has a much greater command of history than I do, but even with my limited reading I think he is probably about right.
My right hon. Friend the Member for East Devon (Sir Hugo Swire) asked the hon. Member for Darlington to distinguish between the First Ministers of the different devolved nations, and I think the distinction is that the First Ministers of Northern Ireland and of Wales wish to see the continuation of the United Kingdom, but the First Minister of Scotland does not. That is material to the sensibleness of proceeding with new clause 4.
I am grateful to my right hon. Friend for praying me in aid; he is absolutely right. My real point is that neither the First Minister of Northern Ireland nor the First Minister of Wales sought to mislead their own communities by suggesting that they can join the EU outside the UK, which is what the SNP suggested throughout the campaign.
I will come to that issue in a moment.
The Scottish National party’s compromise amendments propose a UK approach for all of “Team UK”, which is what the Prime Minister would like to think we are. I say the amendments are a compromise because that is exactly what they are. We fundamentally believe that the best future for Scotland and, indeed, the whole United Kingdom is to remain in the EU. But in the spirit of reaching a consensus—I object to Members who have suggested that we are not participating in the process—we have tabled 50 amendments, to which my colleagues and I will now speak. That is our involvement in the process. The First Minister of Scotland was clear that she was laying out a number of options. The ball is in the Prime Minister’s court.
In retrospect, does the hon. Lady regret the SNP’s peddling of the myth during the Brexit campaign that Scotland alone could somehow remain in the EU without any of the sanctions in the Lisbon treaty—joining the single currency of the euro and so on? Does she regret proposing that to the Scottish people as a fact, rather than as fiction, which is what it was?
The only myths in the independence referendum in Scotland were those peddled by the right hon. Gentleman’s friends in the Conservative party and those in the Labour party—that is where the myths came from. I am grateful to him for reminding the Committee, and indeed all those who are watching, that that is precisely the case.
The First Minister of Scotland has laid out a number of options, which are included in the paper my colleagues will refer to. However, I would remind hon. Members that, before the independence referendum, the Scottish Government produced a 670-page document called “Scotland’s Future”. We knew then, and we know now, that we can make a success of an independent Scotland. Hon. Members should compare and contrast that with page 65 of the so-called White Paper, where this Government are already talking about failure and
“passing legislation as necessary to mitigate the effects of failing to reach a deal.”
That does not instil much confidence in anybody.
Specifically on the amendments and new clauses, new clause 26—the teamwork clause—would, if accepted, mean that article 50 was not triggered until the Team UK approach was agreed by each individual member of the team. Is that not what the Prime Minister said? On that basis, I hope we will have support on both sides of the Committee for the new clause.
The hon. Gentleman says it is now, but we are still in the EU, and that is the position we are about to change. This gives us a huge opportunity to devolve that power from Brussels. Some of it might go to the Union Parliament, some to the Welsh Assembly and some to the Scottish Parliament. That is to be decided, but would it not be a good idea if the SNP joined in positively the discussion about the appropriate areas to take those powers?
Does my right hon. Friend believe, like me, that the SNP will join in the discussion if, on exiting the EU, more money becomes available to spend in the UK? If more is spent in England, it will want a dividend for Scotland as well, through Barnett.
I suspect that that is exactly right. I look forward to the day when the SNP accepts the verdict of the Union and the wisdom of the majority of Union voters, and sees that there is more power in it for devolved Parliaments and Assemblies—and potentially more money, once we no longer have to send the net contributions—and that we have a great opportunity to develop the devolved version of Scotland that the Scottish people voted for, if not always the one that the SNP would like.
The real guarantors of the peace process were the people of Ireland when they voted by referendum in May 1998 to choose and underpin the agreement. Neither of the two main parties in this House had a vote in that referendum, and nor did the two parties in Washington, so let us be clear on who the real guarantors are. In the context of a debate in which we are told we have to go by the imperative of the referendum that took place on 23 June last year, let people recognise that there is still an imperative that goes back to the joint referendum—that articulated act of self-determination by the Irish people, who chose to underpin and agree to the Good Friday agreement.
The right hon. Member for North Shropshire (Mr Paterson) says he does not want uncertainty, but as far as the Good Friday agreement is concerned, the uncertainty is being created by Brexit. Neither he nor anyone else in this House should be surprised when they start to hear that the negotiations that take place after the Assembly elections will not just deal with the questions of scandal, the lack of accountability and transparency, and the smugness and arrogance displayed by the parties in government, but will go to the core of the implications for the agreement as a result of Brexit.
The fact is that although the Good Friday agreement has been wrongly dismissed by others, the EU is mentioned in it. It is there in strands 1 and 2—one of the most expansive references is in relation to the competence of the North South Ministerial Council; it is there in strand 3; and, of course, it is there in the key preamble of the agreement between the Government of the UK and the Government of Ireland, which refers to their common membership of the EU. As John Hume always predicted, that provided both the model and the context for our peace process.
It is no accident that when John Hume, who drove so much of the principles and method into the Good Friday agreement, was awarded the Nobel peace prize—well, just look at that speech and how many references there were to the signal role of Europe and the special contribution it had made and would make, and to the role that the experience of common membership of the EU would play. That is why he said:
“I want to see Ireland—North and South—the wounds of violence healed, play its rightful role in a Europe that will, for all Irish people, be a shared bond of patriotism and new endeavour.”
When he enunciated those words in 1998, he was not talking about a new concept. We can look across the Chamber and see the plaque commemorating Tom Kettle, a former Member of this House who gave his life in the first world war. Before that war, he said that his programme for Ireland consisted in equal parts of home rule and the 10 commandments. He said:
“My only counsel to Ireland is, that to become deeply Irish, she must become European.”
Before he gave his life in the war, he said:
“Used with the wisdom that is sewn in tears and blood, this tragedy of Europe may be and must be the prologue to the two reconciliations of which all statesmen have dreamed, the reconciliation of Protestant Ulster with Ireland, and the reconciliation of Ireland with Great Britain.”
That reconciliation was best achieved and best expressed when we had the Good Friday agreement, which was so overwhelmingly endorsed in this House and in the referendum of the Irish people, north and south of the border. We know that some people did not endorse it, and that some have held back their endorsement and refused to recognise that referendum result. Some of them are the same people who are telling us now that we have to abide by the referendum result in respect of Brexit and that we have to ignore the wishes of the people of Northern Ireland in respect of remaining in the EU. It is the same as when they said that we had to ignore the wishes of the people in Northern Ireland in respect of the Good Friday agreement.
No one should be under any misapprehension that there are implications for the Good Friday agreement. When we hear this lip service that we get from the Government, the rest of us are meant to lip synch along with it and talk about frictionless borders and the common travel area. All those things about the border experience and the common travel area predate the agreement itself, so if we address those issues and those concerns, we must understand that the terms in which they are addressed are not reliable and that they are not relevant to protecting some of the aspects of the agreement itself, which is why the amendments in this group that we have tabled are so important.
The right hon. Member for Forest of Dean (Mr Harper) has already referred to new clause 150, which appears on page 74 of the amendment paper. We have also tabled a key amendment, amendment 86, to which the hon. Member for St Helens North (Conor McGinn) referred when he addressed new clause 109. There are also amendments 88 and 92, which deal with questions around the competence of the devolved Assembly, and the need for consent in respect of any changes to the competence of that Assembly or of devolved Ministers. Those amendments are not about the question of the Assembly giving consent to the triggering of article 50, so it is not about the same question that went to the Supreme Court—but it is about issues and principles that were addressed and are expressed in the judgment of the Supreme Court that too many people have sought to ignore.
As a supposed co-guarantor of the Good Friday agreement, the UK Government are meant to have a duty to protect and develop that agreement. Indeed, various Ministers have told us that they have no intention of allowing Brexit to undermine the agreement. If that is so, there should be no difficulty in having that commitment in the Bill. Politically, we all have to conclude from the Supreme Court judgment that no matter what principles have been agreed or established, none of us can have recourse to their legal adherence without their explicit inclusion in legislation and/or a treaty. We therefore have a duty to be vigilant against any legislative terms that could be used to relegate the crucial importance of the Northern Ireland Act 1998 and/or the Belfast agreement more widely.
Those sponsoring and supporting this Bill do so arguing the need to respect the outcome of the referendum on 23 June. We make no apologies for highlighting the primacy that has to be accorded to the overwhelming endorsement in our referendum, when, on 22 May 1998, nearly 72% of people in Northern Ireland and 96% in the south of Ireland voted in favour of the Good Friday agreement.
The hon. Gentleman is talking about some extraordinarily challenging and difficult issues, which could have very serious implications in Northern Ireland. It seems to me that it is our duty—all of us who want to see Northern Ireland prosper and go forward—to recognise the fact that the UK is exiting the EU and that we have to make the most of it. Will he commit to the House that he will not make divisions over Brexit part of the SDLP campaign during the Northern Ireland elections?
The right hon. Gentleman has some neck to ask the Social Democratic and Labour party not to make divisions over Brexit an issue in the election. The wishes of the people of Northern Ireland, which were clearly expressed in the referendum last year, are being ignored. Are we now also to tell the people, “Ignore your own wishes”? The right hon. Gentleman obviously expects a party like the SDLP, which honourably fought a campaign to remain, to say, “Ignore your wishes. Set them aside. You have to be slaves to the impulses of a vote in England in response to some crazy argument.”
Clause 1(2) denies any regard whatever to protecting the constitutional, institutional or rights provisions of the Good Friday agreement or their due reflection in the Northern Ireland Act 1998, which is why we tabled amendment 86. Clause 1(2) seeks to ensure that the Bill is not restricted by any other legislation whatever. Amendment 86 would create an exception for the Northern Ireland Act 1998. Crucially, it would uphold the collateral principles in the other part of the Good Friday agreement, which is between the Governments of the UK and Ireland, and is not fully reflected in the 1998 Act. The amendment would also exempt section 2 of the Ireland Act 1949 from the override power in the Bill or its outworkings. I admit that the amendment would act as a boundary to the powers provided to the Prime Minister by clause 1(1) and would galvanise the protection for the agreement but, given that the Prime Minister is trying to tell us that she would observe those boundaries, why should she fear that being on the face of the Bill?
New clause 150 draws on key language from the Good Friday agreement, as I made clear to the right hon. Member for Forest of Dean. It is intended to ensure that any future UK-EU treaty—we are told that the Government want to negotiate a new UK-EU treaty—will make explicit reference to upholding the fundamental constitutional precept of the Good Friday agreement, which is the principle of consent that affords a democratic route to a united Ireland if that ever becomes the wish of a majority of people in Northern Ireland. In the case of any such future referendum, no uncertainty whatever must hang over Northern Ireland’s direct admission to the EU as a consequence of a vote for a united Ireland. Nor, indeed, must there be any uncertainty over Ireland’s terms of membership of the European Union.
Such uncertainty was deployed during the Scottish independence referendum, when people said, “Don’t make assumptions about Scotland having an automatic place in the EU or that the process will be easy. Article 49 will make it very difficult.” The difference for Northern Ireland is that it does not have the choice of becoming a new state. Under the Good Friday agreement, its only choice is membership of the United Kingdom or membership of a united Ireland. That agreement was made at a time when both countries had common membership of the EU. Any future referendum will not take place in that situation. Lots of people can place question marks over whether Northern Ireland would have straightforward entry to the EU in that context. Under the terms of the Good Friday agreement, that could constitute an external impediment to the exercise of that choice or even to the choice of having a referendum.
The Taoiseach identified this issue at the MacGill Summer School last year. It will be an issue for the Irish Government, as one of the 27 member states, when they negotiate their side of the treaty. It would be an odd position for the Irish Government as a co-guarantor of the Good Friday agreement to want this to be reflected in a new UK-EU treaty. This is not just an issue for the British Government as a co-guarantor of the Good Friday agreement; it should be something that they are equally and comfortably committed to.
Let us remember that the key precept of the principle of consent and the democratic choice for a united Ireland, as reflected in a referendum in 1998, was the key point that turned it for those people who had locked themselves on to the nonsense idea that they supported violence sourced from a mandate from the 1918 election. That was the key for quite a number of people to say, “Physical force has no more place in the course of Irish politics.” Physical force is now parked because the Irish people as a whole have, in this generation, by articulated self-determination, upheld this agreement, and that gives them the right, by further articulated self-determination, to achieve unity in the future. Anything that diminishes or qualifies or damages that key precept will damage the agreement. People need to know the difference between a stud wall and a supporting wall: just knocking something through because it is convenient and gives a bit more space might be grand and might do, but if at some future point, when other pressures arise, things start coming down around us, people should not complain. We have to be diligent and vigilant on these matters.
Does the hon. Gentleman not agree that before there are any new bodies or any more reviews, the priority for the people of Northern Ireland should be to get a working Assembly and re-elect a working Executive to get on with running Northern Ireland, so that all these things can then be dealt with? Without that, there will be no more devolution of anything it seems.
Yes, and my party and I are fully pledged to doing that. Nobody worked harder to create the principles and the precepts of the agreement and to get those institutions established and up and running—and we did so, I have to tell the right hon. Member for North Shropshire, with very good assistance from the EU. As someone who was a Minister in Northern Ireland—both a Finance Minister and a Deputy First Minister—I had many negotiations with many people in the EU, including Michel Barnier, who was very constructive and helpful in relation to a number of funding issues. Yes, he had his particularisms about which one had to be careful and understand where he was coming from, and certainly his officials had to understand where he was coming from, but it was a useful and constructive contribution—one of many—from the EU.