European Union (Withdrawal) Act 2018
Lord Dodds of Duncairn Excerpts(5 years, 3 months ago)
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The Prime Minister
No, I am going to explain. This amendment will give the mandate I need to negotiate with Brussels an arrangement that commands a majority in this House—one that ensures we leave with a deal and addresses the House’s concerns, while guaranteeing no return to the hard border between Northern Ireland and Ireland.
What I am talking about is not a further exchange of letters but a significant and legally binding change to the withdrawal agreement. Negotiating such a change will not be easy. It will involve reopening the withdrawal agreement—a move for which I know there is limited appetite among our European partners. But I believe that with a mandate from this House, and supported by the Attorney General, the Chancellor of the Duchy of Lancaster and the Secretary of State for Exiting the European Union, I can secure such a change in advance of our departure from the EU.
Nigel Dodds (Belfast North) (DUP)
I welcome what the Prime Minister has said about the need to address the issue of the Northern Ireland backstop, which she is quite right to emphasise as the primary problem. I also welcome the fact that she has said in terms that she will go back and seek the reopening of the withdrawal agreement. She can be assured of our support in trying to find a solution that avoids any hard border on the island of Ireland as well as any borders within the United Kingdom.
The Prime Minister
I am grateful for the clarity with which the right hon. Gentleman has set out that position. We remain absolutely committed as a Government to ensuring that we have no hard border between Northern Ireland and Ireland and that any proposals accepted and put forward by this House maintain our precious Union.
Nigel Dodds (Belfast North) (DUP)
It is a privilege to follow the right hon. Member for Esher and Walton (Dominic Raab). Let me say at the outset that we have had very good discussions with the Government and, indeed, with Back Benchers in both parties in recent days, and that, for the reasons that he gave, we agree that the right approach is to vote for amendment (n) in order to give the Prime Minister the backing that will indicate to the European Union that there is a way through this which can command support in the House.
The Prime Minister’s agreement to bring back any final deal for a meaningful vote, the fact that she will seek legally binding changes, what she has said about reopening the withdrawal agreement, and the fact that serious consideration will be given to options that can bring together those on the Brexiteer and remain sides of the argument are all powerful reasons for supporting the amendment. I believe that there is a way through the current difficulties and deadlock, but some of the options presented in other amendments do not, in my view, command a majority. We must be realistic about that.
We, certainly on these Benches, want a deal: we do not want a no-deal outcome. However, the idea of taking no deal off the table is more likely to lead to a no-deal outcome than anything else, because that is exactly what will ensure that the EU holds out and gives absolutely nothing in any future negotiations. I have dealt with the Irish Government—Irish Governments of different hues—over many years, and that is exactly the approach that they have told us they will take, so it should not come as any surprise.
The Prime Minister has focused on the issue of the backstop. We have some other issues with the withdrawal agreement and the political declaration, but the backstop is the main issue, and if it is dealt with, that will mean that we can get a withdrawal agreement through the House. I do not need to rehearse all the reasons why the backstop was so difficult for us as Unionists. However, the right hon. and learned Member for Beaconsfield (Mr Grieve) described it as damaging to the Union, the Father of the House, the right hon. and learned Member for Rushcliffe (Mr Clarke) described it as a ridiculous proposition, and the Prime Minister herself has criticised it in strong terms as something that no one wants and everyone detests. Yet it remains at the heart of our debate. We must address the fact that with it in place, we cannot support the withdrawal agreement.
People say that the position cannot possibly be revised. However, as the right hon. Member for Esher and Walton has just said, Michel Barnier himself, when he had to deal this week with the criticism that came the way of the European Commission’s spokesperson who had said that there would have to be a hard border in the event of no deal, said “No, no, there does not have to be one.” I will not repeat the quotation that the right hon. Gentleman has just given, but the fact is that if we can have no hard border in a no-deal situation, that will certainly be possible in the event of a withdrawal agreement and a deal.
The position in the Irish Republic is not as homogeneous as people think. Its Prime Minister, Leo Varadkar, said the other day that in the event of no deal we would have to send troops to the Irish border. The Irish Government swiftly retreated from that. The Prime Minister was out in Davos. He may have been mixing with all sorts of characters—I do not know who those could possibly be—and he obviously got carried away with the rhetoric. Some wild stuff is being said.
One of the most damaging arguments, which is of concern to many Unionists—and we in the House speak for the vast bulk of Unionists who are concerned about the implications of the backstop—is that this is designed to protect the backstop and the Good Friday agreement, as amended by the St Andrews agreement. It does nothing of the sort. Lord Bew, one of the architects of, or the people behind, the Good Friday agreement, said in a recent article for Policy Exchange that it drives a coach and horses through the agreement. We need to be realistic about this.
Ian Paisley (North Antrim) (DUP)
I believe that Lord Bew went even further in the other place last week, when he said:
“there is one great problem with the backstop: it does not protect the Good Friday agreement.”—[Official Report, House of Lords, 5 December 2018; Vol. 794, c. 1012.]
He has made that point repeatedly. Surely that is the issue: as he has said, the backstop drives a coach and horses through the agreement.
Nigel Dodds
That is absolutely right, and I urge Members on both sides to read what Lord Bew has said. He voted to remain; he is a supporter of the Good Friday agreement; read what he said about this, instead of listening to some of the myths that are about. For instance there is the myth that the open border is part of the Good Friday agreement—the Belfast agreement. The Belfast agreement does not mention anything to do with an open border; this is a complete myth. What we want in Northern Ireland—on all sides—is no hard border on the island of Ireland; we in our party are absolutely committed to no hard border on the island of Ireland, but not at the expense of creating borders down the Irish sea with our biggest market and affecting the integrity of the United Kingdom.
That has got to be the sensible position, and I believe now that if we get behind the amendment tabled by the hon. Member for Altrincham and Sale West (Sir Graham Brady) and send the Prime Minister out to Brussels with that strong support behind her, we can achieve something that people have said is not possible: we can get this deal sorted out for the good of all our country.
Mr Speaker
I am grateful to the right hon. Gentleman for his point of order, but I would say to him—I know that he will take this in the right spirit—that this is not Prime Minister’s questions. Prime Minister’s questions will take place tomorrow. If I understand correctly, I think the right hon. Gentleman was more concerned to make his point than to elicit a reply from the Prime Minister, and there is no reason for the Prime Minister to feel any need to reply tonight. The right hon. Gentleman has made his point and there will be ample opportunity for further exchanges, doubtless tomorrow and in many subsequent days.
Nigel Dodds
On a point of order, Mr Speaker. We represent 10 seats in Northern Ireland, the hon. Member for North Down (Lady Hermon) represents one other, and there are others who represent a different point of view but who refuse to take their seats in this House, and it is quite frankly outrageous—I am, I believe, speaking on behalf of both communities in Northern Ireland—to say that this vote tonight drives a coach and horses through the Good Friday agreement. It does nothing of the sort. It is utterly reckless to talk in those terms—utterly reckless. The fact of the matter is that nobody in Northern Ireland—no political party—is advocating any kind of hard border in the island of Ireland, and we certainly do not advocate what others advocate, which is creating borders within the United Kingdom or ripping up the United Kingdom. Let me say in conclusion that this is a significant night because, for the first time, the House, by a majority, has expressed a view on the sort of deal that will get through and will have a majority. We will work with the Prime Minister to deliver the right deal for the United Kingdom.
Leaving the European Union
Lord Dodds of Duncairn Excerpts(5 years, 3 months ago)
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Nigel Dodds (Belfast North) (DUP)
May I join the Prime Minister in her words about the despicable and reckless attack in Londonderry at the weekend? It was carried out, of course, by the republican terrorists responsible for the murder of prison officers David Black in 2012 and Adrian Ismay in March 2016. These people have nothing to offer anyone in Northern Ireland, and are rejected right across the board.
On Brexit, I thank the Prime Minister for our meetings in recent days, the good engagement there has been, her recognition that core issues to do with the withdrawal agreement need to be sorted out, her willingness to try to reach a consensus, and the fact that she will go back to Brussels and ask for the necessary changes to be made. Can I take it from what she says that she is really serious about getting a consensus that can get this through the House, with the necessary legal changes to the withdrawal agreement?
The Prime Minister
Yes; I can give the right hon. Gentleman the assurance that, obviously, what I want to do is identify the way forward in dealing with the issues raised about the backstop. In my statement, I referenced the two key issues: its potential permanency, and the impact on the Union. I want to find a way to resolve those issues that will command support from this House.
No Confidence in Her Majesty’s Government
Lord Dodds of Duncairn Excerpts(5 years, 3 months ago)
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Nigel Dodds (Belfast North) (DUP)
Since yesterday evening, I have been struck by how many hon. Members have been assiduous in their entreaties that my hon. Friends and I should be present to speak in this debate and to vote in the Lobby in support of the Government, to prevent a general election. Indeed, some of those entreaties have even come from the Government side of the House. [Laughter.] Never mind the people in the country not wanting a general election; in terms of indicative votes, I think if people here had a real choice and a secret ballot, there would be an overwhelming majority against a general election.
Be that as it may, we have arrived at this debate in the aftermath of the proposition of the Prime Minister—and it really was her proposition—on the withdrawal agreement being defeated by a record majority. Last night’s verdict was emphatic, and it requires lessons to be learned if the Prime Minister is to secure meaningful changes to the withdrawal agreement. I trust that those lessons will be learned. Our view has been entirely consistent, in that we want a deal with the European Union to achieve an orderly exit from the European Union in March, but the backstop has been fatal to the proposed withdrawal agreement. That needs to be dealt with.
Following the general election, we entered into the confidence and supply agreement with the Conservative party, in the national interest, to pursue the agreed objectives as set out in that agreement. The support that we have secured for Northern Ireland in relation to the extra investment for the health service, education and infrastructure—regardless of constituency and regardless of political affiliation—has been widely welcomed by all fair-minded people in the Province.
On Brexit, we agreed to support the Government where they acted on the basis of our “shared priorities”—that is what the confidence and supply agreement states in terms. For us, one of our shared priorities, of course, is the preservation of the integrity of the United Kingdom and ensuring that we leave the European Union as one country, not leaving part of it behind under single market regulation while the rest is not subject to such rules made in Brussels. So we supported the Prime Minister when she said that she would secure a deal that would deliver on the verdict of the referendum—take back control of our money, our laws and our borders—and ensure that we left as one United Kingdom. We have delivered on our side of that agreement, ensuring that the Government have had the necessary supply, and ensuring a majority for the Government on the European Union (Withdrawal) Bill and other important legislation.
But on the issue of the Brexit backstop, as this House well knows, we do have a big difference with the Prime Minister, and so do the majority of Conservative Members who are not on the Government payroll, who oppose the Prime Minister’s deal as well. It is because the draft withdrawal agreement breaches the shared priorities for Brexit we signed up to that we have not been prepared to support it.
Now we have this no-confidence motion before us. We believe it is in the national interest to support the Government at this time so that the aims and objectives of the confidence and supply agreement we entered into can be achieved. Much work remains to be done on those matters.
As I said, I do not think that people in this country would rejoice tonight at the prospect of a general election were it to be called. I am not convinced that a general election would significantly change the composition of the House—and of course it would not change, whatever the outcome, the choices that lie before us all. The timing of this motion, as we well know, has got much more to do with the internal dynamics of the Labour party than a genuine presentation of an alternative programme for government.
We will support the Government on this motion this evening so that the Prime Minister has more time and has the space to focus now on acting in the national interest on Brexit. It is important that the Prime Minister now does listen and does deliver the Brexit that ensures that the whole United Kingdom leaves the European Union together.
Nigel Dodds
On a point of order, Mr Speaker. The result of the motion of no confidence tonight illustrates the importance of the confidence and supply arrangement currently in place between—[Interruption.] I am always delighted when our opponents illustrate the strength of that relationship and what it is delivering for Northern Ireland; and when the people of Northern Ireland see that investment in education and health and infrastructure, they will thank this Parliament and this party and this Government for that extra investment. [Interruption.] May I say this—[Interruption.]
Mr Speaker
Order. Mr Stone, that is very unseemly behaviour. Normally you behave with great dignity in this place; calm yourself, man—get a grip.
Nigel Dodds
May I say, however, that the confidence and supply arrangement is of course built upon delivering Brexit on the basis of our shared priorities, and for us that is the Union, and we want to deliver Brexit, taking back control of our laws, our borders and our money, and leave the European Union as one country? Let us work in the coming days to achieve that objective.
Leaving the EU
Lord Dodds of Duncairn Excerpts(5 years, 3 months ago)
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The Prime Minister
It is exactly those sorts of technological solutions that we are committed to pursuing. As I said to my right hon. Friend when he brought a proposal to me, the proposal he brought to me did not fully address all the issues in relation to the border between Northern Ireland and Ireland, but we are continuing to look—and will look actively and with the European Union—at the ways in which we could ensure that those alternative arrangements would deal with the issue that we are addressing.
May I also say to my right hon. Friend that it is not the case that the European Union has said that there will be no hard border between Northern Ireland and Ireland? The no-deal plans published by the European Commission in December make it clear that there will be no flexibility on border checks in no deal, so the Irish Government will be expected to apply EU checks in full.
Nigel Dodds (Belfast North) (DUP)
To be fair to the EU, it has made it clear that there will be no changes to the withdrawal agreement, and there is nothing in these letters that is inconsistent with the withdrawal agreement. To be fair to the Attorney General, he says in his letter today that the letters do not alter the fundamental meanings of its provisions. Five weeks after the Prime Minister pulled the vote, saying that there had to be a legally binding assurance, will she admit that nothing has fundamentally changed? That is the reality; let us not kid ourselves about that. In pulling the vote, she must have realised that there needed to be legally binding changes to the withdrawal agreement for it to have any chance of getting through this House. Even at this late stage, does she not accept that the problem with the backstop is that it effectively defines the future relationship for Northern Ireland, because if the whole of the UK is not aligned to a high degree for single market purposes and we are not in a customs union, Northern Ireland will be?
The Prime Minister
It was right that I took the views of this House. The overwhelming view of this House on the backstop was that people wanted to ensure that it would not carry on indefinitely or be a permanent arrangement. The right hon. Gentleman has just indicated that he thinks that that is the case for the backstop. What we have received from the European Union are those further assurances and the recognition that the European Council conclusion in which some of those assurances are referred to does have legal force in international law and effectively sits alongside the withdrawal agreement and the political declaration package, and that it would be part of any consideration on any challenge to the withdrawal agreement in relation to those particular issues.
I recognise that what I have brought back, as I said in my statement, is not what some Members wanted from the European Union, but it is not the case that this has not gone further than when we were initially discussing the debate. There have been some further assurances from the European Union, but I accept that they are not the same level of assurances that some Members of this House wished for.
Oral Answers to Questions
Lord Dodds of Duncairn Excerpts(5 years, 4 months ago)
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The Prime Minister
I think that everybody in this House, particularly on the 100th anniversary of women getting the vote, should be aiming to encourage women to come into this Chamber and to stand in this Chamber, and should therefore use appropriate language in this Chamber when they are referring to female Members.
Nigel Dodds (Belfast North) (DUP)
May I join with others in wishing everybody a very happy Christmas and a peaceful new year? As the Prime Minister ponders over Christmas what might be done to get her withdrawal agreement through this House, can I urge her to consider the necessary changes that need to be made—not just assurances—in order to get somewhere with any realistic prospect of actually winning that vote?
The Prime Minister
I hope that the right hon. Gentleman will forgive me if I say that I would like to give him the reassurance that we will of course look at all the options that are available for dealing with the issues that have been raised.
European Council
Lord Dodds of Duncairn Excerpts(5 years, 4 months ago)
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The Prime Minister
I can certainly confirm that this deal has been negotiated between the UK and the European Union, but it has to go through certain processes in order to be ratified. Part of that is ratification here in the United Kingdom Parliament, and part is ratification in the European Parliament. It is those processes that lead to the final agreement and the withdrawal agreement.
Nigel Dodds (Belfast North) (DUP)
I am sure the Prime Minister agrees that European Council conclusions and declarations are political statements. The Council has talked about clarifications and reassurances but ruled out renegotiating, contradicting or reopening the legal text. Indeed, it even struck out language saying that the backstop did not represent a desirable outcome for the EU27. Will the Prime Minister tell us exactly what she is asking for to deliver on the key concerns about the legally binding and indefinite nature of the backstop, with no right for this country to exit it on its own terms?
The Prime Minister
What I am asking for is to ensure that we can deal with the concerns expressed by the right hon. Gentleman and other Members of the House about whether the backstop could or would be indefinite. There are two ways to deal with that. The first is to put in place arrangements to ensure that the backstop is not triggered in the first place, and the second is to ensure that if it is triggered, it is only temporary. As I said in my statement, I am seeking further political and legal assurances in relation to those issues, which can be achieved in a number of ways.
Oral Answers to Questions
Lord Dodds of Duncairn Excerpts(5 years, 5 months ago)
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Nigel Dodds (Belfast North) (DUP)
Last week, the Secretary of State was telling everybody that this was the best deal and the only deal. The Prime Minister now says that that is not the case and she needs changes. What does the Secretary of State say to that?
Karen Bradley
As I have said, this is the best deal. This is the best way for the United Kingdom to leave the European Union as a whole in an orderly way, but the Prime Minister has recognised and listened to the concerns of the right hon. Gentleman, his colleagues and many others in the House about the backstop, and she is looking to assuage those concerns.
Nigel Dodds
The Secretary of State cannot have it both ways. She is telling everybody that this is the best deal, it is a wonderful deal and everybody should accept it. However, the Prime Minister is telling everybody that nobody likes it, the Irish do not want it, Europe does not want it and the British Government do not want it. How does the Secretary of State explain the utter contradiction in those arguments?
Karen Bradley
I disagree with the right hon. Gentleman that there is a contradiction. I think he is talking about the backstop. We all agree that the backstop is a very uncomfortable thing that none of us wants to see introduced, just as we never want to see any insurance policy called upon, because the fact that it is called upon means that the worst has happened.
Exiting the European Union
Lord Dodds of Duncairn Excerpts(5 years, 5 months ago)
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The Prime Minister
I think my hon. Friend has asked me variations of that question each time I have made a statement recently. I am clear that the Government undertake their responsibilities in relation to the seeking of legal advice entirely properly and appropriately. Of course, the Government published a full legal position on the withdrawal agreement, and that contained more detail than Governments have previously published on any such occasion or in any similar event. Not only have we done that, but the Attorney General came to the House, made a statement and took many questions from Members on these issues.
Nigel Dodds (Belfast North) (DUP)
Frankly, what the Prime Minister says today simply is not credible, is it? This is an impossible position for the Government to find themselves in. The Prime Minister says that she is listening, but she talks about reassurances and assurances. Does she not get it by now that the withdrawal agreement legally binding text is unacceptable to this House? She cannot pretend and go on defending the deal when she knows that had the vote been taken tomorrow, the deal would have been overwhelmingly defeated. Please, Prime Minister, really do start to listen and come back with changes to the withdrawal agreement, or it will be voted down.
The Prime Minister
The purpose of the announcement today that we will defer the vote and return to this matter is precisely to be able to go and discuss with other European leaders, the Council and the Commission those further reassurances that the House requires on the issues that Members are concerned about, notably whether or not the backstop, should it ever be used, can be brought to an end. That is exactly what we will be doing.
European Union (Withdrawal) Act
Lord Dodds of Duncairn Excerpts(5 years, 5 months ago)
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Nigel Dodds (Belfast North) (DUP)
I am very grateful to the Prime Minister. Of course, the referendum was for the whole United Kingdom, and as a Unionist, I respect the result across the UK—Manchester, London, Scotland—[Hon. Members: “They voted remain.”] Whatever way they voted, the UK voted, and we should respect the result. In terms of the views in Northern Ireland, I am quite happy to put them to a test any time. We will happily go to the electorate and put our views to the people if needs be. I am quite certain that we would be returned in greater numbers than we are today, so I am quite happy to take on the challenge that has been put down.
In terms of guaranteeing Northern Ireland’s position, the Prime Minister will remember that in paragraph 50 of the joint report, which we spent four days negotiating, guarantees were given to Northern Ireland. Never mind the words that have been said in this House today, they were in the actual text. Why have they been deleted? Why has she not kept them in the withdrawal agreement? Why have they not been translated? That is what we have a problem with. Words are good. It is the legal text, what is in the agreement, that matters.
Nigel Dodds (Belfast North) (DUP)
This House has, fundamentally, a duty to respect the clear will of the people of the United Kingdom as delivered in the referendum and to deliver our exit from the EU as one United Kingdom. I regret to say that the withdrawal agreement put forward by the Prime Minister and a majority but not all of the Cabinet falls short of that objective. To enter into this arrangement, first through the transition period, as proposed, and then the backstop provisions, means we enter a twilight world where the EU is given unprecedented powers over the UK, certainly in the transition period, and massive leverage in the negotiations on the future trade relationship. And we would have to rely on the good will of others to let us ever leave these arrangements. Under these terms, the UK’s future as a strong and independent global trading nation, standing together, is in real and imminent jeopardy; this is an outcome that does not honour the result of the referendum or take back control of our laws, money and borders.
David Simpson (Upper Bann) (DUP)
I am sure my right hon. Friend will agree that it is ironic that while the Prime Minister is out on her roadshow trying to sell this deal to the great and the good, the place where it actually matters is this House and she has managed to unite it against this deal.
Nigel Dodds
I thank my hon. Friend for that intervention. There is a point here, in that this deal does not satisfy anybody. Leave voters are outraged at what they see as the betrayal of Brexit and remain voters are asking, “What on earth is the point of losing all our say but still taking all the EU rules?” The political declaration, despite previous promises, does not set out a clear, precise future relationship and raises significant issues in its own right. As for the legally binding withdrawal agreement, we are somehow now told to take on faith that it might never be used, even though 18 months has been spent negotiating it, as nobody actually wants it. But as the Attorney General made clear yesterday, in a forthright and candid session before the House, there is “no unilateral” exit clause and
“no unilateral right…to terminate”.—[Official Report, 3 December 2018; Vol. 650, c. 557.]
He said it is indefinite and that the whole thing was “undesirable”, “unsatisfactory”, “unattractive” and “a calculated risk”. That is hardly the most ringing endorsement for reasons why this House should vote for it.
Paul Girvan (South Antrim) (DUP)
Commitments were given in paragraph 50 of the joint report to both our party and to the House, but there does not seem to be any reference to them in the document that has been produced.
Nigel Dodds
Again, I am grateful to my hon. Friend, because I have said this on a number of occasions. I have asked the Prime Minister about that point but have yet to receive a reason for it. Hundreds of detailed legal clauses in hundreds of pages are devoted to the Northern Ireland situation and the backstop, but there is not a single line and not a single word in relation to paragraph 50, which followed paragraph 49, of the joint report in December. That provision was inserted specifically to allow that the final say in and decision on any regulatory differences between Great Britain and Northern Ireland should rest with the Northern Ireland Assembly and Executive, yet none of that appears anywhere in the withdrawal agreement. We have received no satisfactory explanation as to why that has been deleted. Indeed, the assurance was given at the time that the backstop would be UK-wide—that there would not be this sort of special carve-out or provision for Northern Ireland—so the whole concept of the backstop is nonsense. Deciding a fall-back position, an insurance policy, before even starting the talks or reaching any decisions on the final arrangements was always nonsense. The whole process has been bedevilled by the fact that so much time has been spent on negotiating something that we are now told that nobody wants and that nobody will ever want to see introduced, and we are now told that other arrangements will be put in place.
Quite frankly, this is an issue of trust, because some of the words that have been spoken and some of the things that were told to this House and to us directly as a party during the negotiations have not come to pass. I remind the House of what the Prime Minister said to the House on 28 February 2018. She said that we cannot
“undermine the UK common market and threaten the constitutional integrity of the UK by creating a customs and regulatory border down the Irish sea, and no UK Prime Minister could ever agree to it.”—[Official Report, 28 February 2018; Vol. 636, c. 823.]
A customs and regulatory border—that is precisely what the Government now propose. The Prime Minister said in terms on 28 February that no UK Prime Minister could ever accept that.
We are now being asked to take on trust the word of the Government. Who knows who the Government will be in two, three or four years’ time, whenever these negotiations come to an end? Who knows what the European Commission and European Parliament will look like at that time? We do know, though, that the final text of the withdrawal agreement will remain. It will be the thing that will stand and endure. It will be the only reference point that will be used, and it commits that after we come to the point at which we decide to go into this transition period of two years—and even if we do not get a deal after that, and there is absolutely no guarantee that we would have any such deal after that period of time—we will automatically go into the backstop arrangements. That will include large swaths of rules and laws in relation to the single market for goods and agri-food. It will not just build on the regulatory differences that are there now, because the existing regulatory differences between Northern Ireland and the rest of the United Kingdom were decided by this Parliament and by the Assembly and the previous legislatures, and they are there for health reasons, not because we are in a different regime. The reason we would have checks and differences would be that Northern Ireland would be in a different regime—the single market regime, subject to enforcement by the European Commission and to oversight by the European Court of Justice.
On the customs arrangements, it is simply untrue to say that somehow we are all in one big customs union together. Northern Ireland is in the EU customs union, but a special customs arrangement is created with the UK and the EU, and Northern Ireland is therefore part of that. Quite frankly, that is unacceptable to me as a Unionist. We were told by the Prime Minister in her six declarations to the people of Northern Ireland in December that she would ensure that Northern Ireland left the European Union with the rest of the United Kingdom, that no part of the United Kingdom would be left in the single market or the customs union, and that no part of the UK would be left subject to the jurisdiction of the European Court of Justice. Whether or not we agree that that is a good thing, the fact is that these commitments and pledges were made and are now being broken.
Let me go back to what the Attorney General said yesterday, because it is important. We look forward to the legal advice that will be published tomorrow as a result of the Government’s finally acceding to the will of the House on this issue. The fact of the matter is that there is no get-out clause from the withdrawal agreement. It is in the gift of the European Union as to how we get out, when we get out and on what terms we get out. Many of us are concerned that whatever the short-term consequences of entering the backstop may be, the real danger lies in the future. When it comes to the point at which a final arrangement—a final trade deal—is agreed, whatever that may look like, it is clear that there will be those in other jurisdictions and Governments who will say, “Well, UK, you can have whatever arrangements you like, but one thing is certain: as far as Northern Ireland is concerned we still do not accept that there can be no hard border through the use of technology, so Northern Ireland is going to have to stay in the customs union and single market.” Leverage will be exercised by other Governments on other issues, but I have no doubt that that will be the argument that will be used. It will not be our decision, even if we disagree with that, even if we put forward counter arguments and even if we put forward other proposals. No one in Northern Ireland and no one in this House will have the final say over what happens; it will be the decision of the European Union as to whether or not it allows us to leave on whatever terms it may be.
Lots of contradictory arguments are being put forward by the Government in Northern Ireland. We are told here all the time that nobody wants this—the Irish Republic does not want it, the European Union does not want it, and the UK does not want it—and yet, in Northern Ireland, the Secretary of State is going around telling everybody that it is the best possible solution and the best possible outcome. If it is the best possible outcome, why is everybody else saying that it should never be used, that it is temporary? We are told that it is temporary, but we now know that, legally speaking, although there may be a desire for it to be temporary, it is indefinite.
There are many things that I could say, but I do not have any time to develop them. Quite frankly, many people in Northern Ireland feel that the pledges that have been made by the Government and the Prime Minister have not been honoured. We are sad about that and we deeply regret it. I admire the Prime Minister’s stamina, her resilience and the work that she is doing, but on this she has misjudged the mood of the country and the mood of the House.
Leaving the EU
Lord Dodds of Duncairn Excerpts(5 years, 5 months ago)
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The Prime Minister
I make two points to my hon. Friend. First, one of the things that the European Union (Withdrawal) Act does is bring European Union law into UK law, such that there is that smooth and orderly transition when we leave the European Union, and, of course, the withdrawal agreement will be implemented in our legislation through the withdrawal agreement Act.
Nigel Dodds (Belfast North) (DUP)
The Prime Minister says in her statement that “the legal text is now also clear that once the backstop has been superseded, it shall ‘cease to apply’”. We need accuracy—actually, on page 309, article 2, on the Northern Ireland protocol, it says the backstop can be superseded
“in whole or in part”
and
“shall cease to apply…in whole or in part.”
We need accuracy, because it is the legal text that matters, and that is what will bind the country. As the Chancellor has rightly said that the backstop is bad for the Union and bad for the economy—that is what he has said—can she tell us what bits are so bad for the Union?
The Prime Minister
The parts of the backstop that are bad for the European Union—
The Prime Minister
Oh, sorry—for the United Kingdom. What we want to be able to do in the future is to have our independent trade policy. One of the issues in relation to the backstop is whether or not we would be able to do that—that is one of the issues that we would not want to see us continuing to be in the backstop for.